Privacy Policy

1. Introduction
 
1.1   These Terms of Use (“Terms”) govern your use of Services provided to you by Adev Ventures Sdn Bhd (“Adev”, “we”, “us” and/or “our”), including information, features, data, text, images, graphics, photographs, content, programming or other materials (“Content”), and Services provided through www.vimigoapp.com and Vimigo mobile application on Android and Apple platform (the “Site”). 

1.2   Please read the following Terms carefully before using the Site so that you are aware of your legal rights and obligations with respect to Adev. By accessing and using the Site, you agree that you have read, understood and accepted these Terms including any policies referenced herein. Adev reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. 

2. Limited License

2.1   Adev grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Services subject to the terms and conditions of these Terms of Use.

2.2  You acknowledges that all rights, titles, and interests in and to the Services, together with its source codes and object codes, sequences, derivative works, organization, structure, software architecture, interfaces, any documentation, drawings, data, content, trade names, trademarks, equipment, techniques, sketches, models, inventions, know-how, processes apparatus, algorithms, software, software programs, software source documents, application program interfaces (“API”), and formulae to the current, future and proposed products and services of the party or other related materials (collectively, “Intellectual Property”), is, and at all times shall remain, the sole and exclusive property of Adev. For the avoidance of doubt, nothing in these Terms of Use shall operate to assign or transfer any Intellectual Property Rights or database content from Adev to you.

2.3   The Intellectual Property contains trade secrets and proprietary information owned by Adev and is protected by laws of Malaysia. Unless stated otherwise, these Terms of Use does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered) or any other rights or licences with respect to the Services.

2.4   You shall not attempt, or directly or indirectly allow any other third party to attempt to: (a) copy, modify, duplicate, create derivative works from, frame, syndicate, mirror, republish, reverse compile, disassemble, reverse engineer, download, transmit or distribute all or any portion of the Services in any form or media or by any means; (b) use the Services to benchmark the Services or in any manner that is competitive with the Services; or (c) sublicense, resell, or distribute any or all of the Services separate from any integrated Application.

2.5   The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Use or if you fail to comply with any term or condition of these Terms of Use. In any such event, Adev may effect such termination with or without notice to you.

3. Prohibited activities

3.1   The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Site. Adev reserves the right to investigate and take appropriate legal action against anyone who, in Adev’s sole discretion, engages in any of the prohibited activities. Prohibited activities including but not limited to the following:

(a) to use the Site for any purpose in violation of local, state, or federal laws or regulations;

(b) to encourage or engage in any illegal (or potentially illegal) activities;

(c) to upload, post, or otherwise transmit any Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, harmful, slanderous, invasive of another’s privacy, hateful, embarrassing to any other person or entity, racially, ethnically or otherwise objectionable;

(d) to post Content that constitutes cyber-bullying, as determined by Adev in its sole discretion;

(e) to post Content that depicts any dangerous, life-threatening, or otherwise risky behaviour;

(f) to use the Services or upload Content to impersonate any person or entity, or misrepresent your affiliation with a person or entity;

(g) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

(h) to permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Adev;

(i) to use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;

(j) to use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;

(k) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Adev with respect to the Services and/or data transmitted, processed or stored by Adev;

(l) to harvest or collect any information about or regarding other Account holders, including but not limited to, any personal data or information, without their express consent;

(m) to upload, post, transmit or otherwise make available any Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;

(n) to intentionally distribute viruses, worms, Trojan horses, corrupted files or other malicious code or items, or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;

(o) to take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;

(p) to use the Services to violate the privacy of others or to “stalk” or otherwise harass another;

(q) to use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or

(r) to direct or encourage another user to conduct a transaction other than on the Site.

3.2   You acknowledge that Adev shall reserves the right (but is not obligated) to do any or all of the following:

(a) investigate an allegation that any content posted on the Site does not conform to these Terms and determine in its sole discretion to remove or request the removal of the Content;

(b) remove Content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;

(c) suspend or terminate a user’s access to the Site or their Account upon any breach of these Terms;

(d) monitor, edit, or disclose any Content on the Site; and

(e) edit, modify or delete any Content posted on the Site, regardless of whether such Content violates these standards.

3.3   Unless you have our express permission to do so, you must not re-submit any Content or other material or applications which have previously been removed.

3.4   If you believe a User on our Site is violating these Terms of Use, please contact support@vimigoapp.com.

3.5  You agree that you must evaluate, and bear all risks associated with, the use of any Content, including but not limited to, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Adev or submitted to Adev, including without limitation, information in all other parts of the Site.

4. Disclaimers

4.1  You understand and agree that the Services are provided to you is on an “AS IS” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Adev or its suppliers disclaims any and all other representations, warranties or undertakings, express or implied, including without limitation any implied warranties of quality, performance, merchantability, fitness for a particular purpose or non-infringement.

4.2  Adev gives no warranty or representation that the Services, the Site or the functions contained herein will be available, accessible, uninterrupted, timely, secure, accurate, complete, error-free, or free from any viruses or any other harmful codes, instructions, programs or components.

4.3  You specifically acknowledge that Adev is not liable for your defamatory, offensive or illegal conduct, or such conduct by third parties, and you expressly assume all risks and responsibility for damages and losses arising from such conduct.

4.4   While we endeavour to ensure that the Services are secured, you acknowledge that the entire risk arising out of the access, use or performance of the Site and/or Services shall remain with you to the fullest extent allowed by applicable law.

5. Indemnification

5.1   You shall not assert any claims against Adev based upon theories of negligence, gross negligence, strict liability, fraud, or misrepresentation, and you shall defend us from any demand or claim, and indemnify and hold Adev, its officers, directors, employees, agents, suppliers and third-party partners harmless from and against any and all liabilities, losses, costs, claims, expenses, or damages, including reasonable attorneys’ fees, directly or indirectly resulting from (a) your use or misuse of the Services; (b) any agreement between you and your employer based on or in any way related to the Services; (c) your violation or breach of any term of these Terms of Use or any policy referenced herein; (d) your breach of any law or any rights of a third party; or (e) any Content uploaded by you.

6. Limitation of Remedy and Liability

6.1   To the maximum extent permitted by applicable law, in no event shall Adev or its suppliers be liable for any special, incidental, indirect, consequential, punitive, exemplary damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, adverse effect on reputation and/or goodwill, or any other pecuniary loss) arising out of the use of or inability to use this Site or the Services, whether based upon contract, warranty, tort, negligence, misrepresentation, strict liability, or other cause of action at law, in equity, by statute or otherwise, even if Adev or its suppliers has been advised of the possibility of such damages. In any event, under no circumstances shall Adev or its suppliers be liable for any loss, costs, expenses, or damages to you.

6.2   You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the Services is to request for termination of your Account and/or discontinue any use of our Services.

6.3   Nothing in these Terms of Use shall limit or exclude any liability for death or personal injury caused by Adev’s negligence, for fraud or for any liability on the part of Adev that cannot be lawfully limited and/or excluded.

7. Privacy

7.1   Adev recognizes the importance of the Personal Data you have entrusted to us. Please read our Privacy Policy to understand how we collect and use the information associated with your Account and/or your use of the Services (“User Information”).

7.2   You hereby acknowledge that all Personal Data collected by us will be stored in servers located within and outside Malaysia and we may transfer your Personal Data to another member of our Group companies or third party service or product providers within or outside Malaysia, where Adev consider it necessary or appropriate for the purposes of data storage or processing or providing any service or product on our behalf to you.

7.3   By using the Services or providing information on the Site, you:

(a) consent to Adev’s collection, use, processing and/or disclosure of your Personal Data, Content and User Information as described in the Privacy Policy;

(b) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Adev; and

(c) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Adev’s prior written consent.

8. Miscellaneous

8.1 Amendment to the Terms

8.1.1   Adev reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) from time to time. You are strongly recommended to read these Terms periodically. You will be deemed to have agreed to the amended Terms by your continued use of the Site or the Services following the date on which the amended Terms are posted.

8.2 Governing Law; Forum Selection

8.2.1   These Terms of Use shall be governed exclusively by the laws of Malaysia, excluding its conflicts of law rules. Any disputes which cannot be settled amicably by the parties within sixty (60) days shall be finally settled by arbitrations under the Rules of Arbitrations at the seat and location of Kuala Lumpur, Malaysia by one arbitrator appointed in accordance with the said Rules. The arbitration proceeding will be confidential and shall be in English language. The decision of the arbitrator shall be final and binding on the parties. The parties irrevocably agree and consent that said forum is convenient and has jurisdiction to hear and decide any such action.

8.3 Compliance with Laws

8.3.1   You represent and warrant that you shall use the Services in accordance with these Terms of Use and all applicable local, state, and federal laws.

8.4 Headings

8.4.1   The paragraph headings in these Terms of Use are inserted for convenience only and shall not affect the construction of these Terms.

8.5 Severability

8.5.1   If any provision of these Terms shall be held illegal, void, or unenforceable in any respect under any law, the remaining portions shall remain in full force and effect.

8.6 No Waiver

8.6.1   The delay or failure of either party to exercise any right under these Terms or to take action against the other party in the event of any breach of these Terms shall not constitute a waiver of such right, or any other right, or of such breach, or any future breaches, under these Terms.

8.7 Assignment

8.7.1   You shall not assign or transfer any rights granted to you hereunder to any third parties.

8.8 No Partnership or Agency

8.8.1   Nothing in these Terms of Use is intended to or shall constitute a partnership joint venture, association or other formal business organization or agency arrangement between the parties, or authorize either party to act as an agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise bind the other in any way.

8.9 Contact Us

8.9.1   If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contact us at: support@vimigoapp.com.