TECHWHIZ Terms of Service
This Service (as hereinafter defined) is made available by TECHWHIZ, a division under PETRONAS Dagangan Berhad (Company No. 0088222D) (“TECHWHIZ”) subject to the Terms and Conditions herein. You acknowledge that you have read and fully understood these Terms and Conditions. Your use of the Service, upon Activation, constitutes unconditional acceptance to be bound by these Terms and Conditions as may be amended from time to time. You must ensure that any person you all allow to use the Service complies with these Terms and Conditions.
General Terms and Conditions
Definitions
For the purpose of these Terms and Conditions, the following terms shall, unless the context otherwise requires, have the meanings as defined below. All other terms not defined herein shall have the have the meaning as may generally be accepted within the industry based on the context used herein:
“Account” means an account opened for you in TECHWHIZ- TECHWHIZ for subscribing to the Service as provided at the App or Mobile Apps.
“Activation” or “Activated” means the point in time when the Service is activated in TECHWHIZ’s System.
“Agreement” means this Terms and Conditions including any Addendum and all subsequent amendments and variations to the Terms and Conditions.
“TECHWHIZ” means TECHWHIZ, a division under PETRONAS Dagangan Berhad (Company No. 0088222D).
“TECHWHIZ’s System” means the system utilised by TECHWHIZ in providing the Service, which includes the TECHWHIZ and ePTW apps.
“Device” means the internet enabled device together with accessories which compatible for the use of the Service.
“Personal Information” means the information collected by TECHWHIZ from you for the purpose of the registration for the Service as prescribed under Clause 3.1 below;
“Service(s)” means the App/ Web Portal, the contents of the App/Web Portal which enables you to conduct related maintenance service as may be notified by TECHWHIZ to you from time to time;
“User ID” means the username used to access the App or Web within TECHWHIZ’s Solutions.
“App” means TECHWHIZ’s System mobile apps including TECHWHIZ and ePTW, either on Android or iOS versions
“Working Days” means Mondays to Fridays 9am to 6pm excluding public holidays.
“You” or “Your” Refers to the person authorised to use the Service subject to this Terms and Conditions herein and/or an entity of whatsoever description including but not limited to a sole proprietorship, a partnership, a body corporate or otherwise governmental bodies and agencies of any kind established under the laws, rules and/or regulations for the time being in force and which may come into force.
Period of Agreement
This Agreement shall take effect from the Activation date of your Account or from the date of registration for TECHWHIZ’s Solution, as the case may be and shall continue to be in force until terminated in accordance with these Terms and Conditions.
Service
You may register to use the Service by (“Registration”):
Registered by TECHWHIZ’s personnel;
providing the following details on the App:
username (“User ID”);
password; and
email address.
company name and address
mobile number
type of mobile phone and operating system
Upon successful Registration, you shall receive a confirmation email from TECHWHIZ which shall be sent to your email address.
Your Responsibility
You shall:
provide accurate and complete information to TECHWHIZ and inform TECHWHIZ immediately of any changes in any particulars of your Personal Information;
only use the Service for the purpose for which it is subscribed;
comply with all notice or instruction given by TECHWHIZ from time to time in relation to the use of the Service;
be responsible for all equipment and software necessary to use the Service and also for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the Service;
acknowledge that TECHWHIZ is not liable for any loss or damages suffered by you or any other person as a result of using information obtained using from the Service, including but not limited to, any damage to or loss of data caused by a virus or similar program;
agrees, consents, allows and has no objection to TECHWHIZ extracting Personal Information or any other data required to be used as evidence in court and/or when necessary in the event of a suspected and or proven misuse of the Service for you commercial gain purposes;
be responsible for all usage of and charges for the Service including but not limited to payment of all the Service charges and any other related charges due to TECHWHIZ pursuant to these Terms and Conditions in a timely manner;
keep your User ID and password confidential at all times and not release the same to any person;
be solely responsible and liable for any use and misuse of your User ID you’re your password and for all activities that occur under your User ID;
immediately notify TECHWHIZ of any unauthorised usage of the User ID or password, or if you know or suspect that the User ID or password has been lost or stolen, has become known to any other person, or has been otherwise compromised;
comply with the provisions of these Terms and Conditions;
comply with all applicable laws of Malaysia relating to the Service, including without limitation to the Communication and Multimedia Act 1998 and its subsidiary legislation, other acts, statutes, by-laws, rules and regulations issued by relevant government and regulatory agencies which may be amended from time to time; and
take all reasonable steps to prevent fraudulent, improper or illegal use of the Service;
cease to utilise the Service or any part thereof for such period as may be required by TECHWHIZ; and
indemnify and shall keep indemnified TECHWHIZ from any loss, damage, liability or expense, arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever arising from the content transmitted, received or stored via the Service or part thereof and for all other claims arising out of any act or omission of your or any unauthorised use or exploitation of the Services or part thereof.
You shall not:
use, display, mirror or frame the App, or any individual element within the App, TECHWHIZ’s name, any TECHWHIZ trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TECHWHIZ’s express written consent;
access, tamper with, or use non-public areas of the App, TECHWHIZ’s computer systems, or the technical delivery systems of TECHWHIZ’s providers;
attempt to probe, scan, or test the vulnerability of any TECHWHIZ’s System or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by TECHWHIZ or any of TECHWHIZ’s providers or any other third party (including another user) to protect the App, Services or the Products;
attempt to download information from the App or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by TECHWHIZ or other generally available third party web browsers;
send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
use any meta tags or other hidden text or metadata utilising a TECHWHIZ trademark, logo URL or product name without TECHWHIZ’s express written consent;
use the App, Services or the Products for any commercial purpose or the benefit of any third party or in any manner not permitted by these terms of use, unless expressly permitted;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the App, Services or the Products to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the App, Services or the Products;
interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the App;
collect or store any personally identifiable information from the App or Services from other users of the App or Services without their express permission;
impersonate or misrepresent your affiliation with any person or entity;
violate any applicable law or regulation;
encourage or enable any other individual to do any of the foregoing; or
directly or through the use of any device, software, internet site, web or app-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark or other proprietary notices marked on the Products or any digital rights management mechanism, device, or other content protection or access control measure associated with the Products including geo-filtering mechanisms;
TECHWHIZ’s Rights
TECHWHIZ reserves the right to make any alteration or changes to the Service, or any part thereof, or suspend the Service or any part thereof without prior notice and TECHWHIZ shall not be liable for any loss or inconvenience to you resulting therefrom.
TECHWHIZ reserves the right at its absolute discretion, from time to time, to vary, add to or otherwise amend the terms and conditions of the Agreement or any part thereof. Your continued use of the Service after the effective date of any variation, addition or amendments to the terms and conditions of the Agreement shall constitute your unconditional acceptance of such variations, additions or amendment.
Privacy and Personal Information
You acknowledge that you are aware and give your consent to TECHWHIZ that your Personal Information will be used and/or disclosed in accordance to the Personal Data Protection Act 2010.
Disclaimer
The content, Products and Services offered on or listed through the App are provided on an “As Is” and “As Available” basis and all warranties, express or implied are disclaimed, including but not limited to the disclaimer of any implied warranties of title, non-infringement, merchantability, quality and fitness for a particular purpose. The information and Services may contain bugs, errors, problems or other limitations. TECHWHIZ shall not be liable for your use of any information or service.
TECHWHIZ’s Liability
TECHWHIZ shall not be liable to you or anyone else for any loss or injury or any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, data, revenue or profits, whether in action of contract, negligence or other tortuous actions, arising out or in connection with your use of the Service.
The App may contain links to other websites, which are not operated by TECHWHIZ. When the you activate such links, you will leave the App and TECHWHIZ has no control over, and will accept no responsibility or liability in respect of, the material on any website or app which is not under TECHWHIZ’s control.
TECHWHIZ shall not be liable for, and you agree to indemnify TECHWHIZ against all claims, losses, liabilities, proceedings, demands, costs and expenses (including legal fees) which may result or which TECHWHIZ may sustain in connection with or arising from the provision of the Service to you.
Without prejudice to the foregoing, in the event of a court or tribunal holds or finds TECHWHIZ liable to you for any breach or default of TECHWHIZ, you agree that the amount of damages payable by TECHWHIZ to you shall not at any time exceed the sum of RM100.00 notwithstanding any order, decree or judgment to the contrary.
Matters Beyond TECHWHIZ’s Control
Without limiting the generality of any provision in the Agreement, TECHWHIZ shall not be liable for any failure to perform its obligations herein caused by an act of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of Government, or any competent authority, labour trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, floods, acts or omission of persons or bodies for whom TECHWHIZ has no control over or any cause outside TECHWHIZ’s reasonable control.
Notwithstanding the event prescribed in Clause 9.1 above, you shall remain obliged to pay all fees and charges if any which are outstanding and/or due and payable to TECHWHIZ in accordance with the Agreement.
The Service may occasionally be affected by network or data interference caused by telecommunication service providers beyond TECHWHIZ’s control. In the event of such interference, TECHWHIZ shall not be responsible for any inability to use or access the Service, interruption or disruption of the Service.
Proprietary Rights and Conditions
All right, title and interest including, but not limited to, copyright and other intellectual property rights in and to the Service (including but not limited to all graphic/image and text files on the App) are owned by TECHWHIZ. Such rights are protected by Malaysian copyright laws, other applicable copyright laws, and international treaty provisions. TECHWHIZ retains all rights not expressly granted herein.
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this App are in no way associated, linked or affiliated with TECHWHIZ and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this App are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the Products and services and is in no way an assertion that such Products or services are endorsed by or connected to TECHWHIZ.
Restrictions
TECHWHIZ reserves the right to refuse permission to use this Service to any individual or company for any reason, and may do so without notice.
Severability and Effect of these Terms and Conditions
If any of the provision of these Terms and Conditions should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.
The terms and conditions contained in the Agreement shall have effect only to the extent not forbidden by law. For the avoidance of doubt, it is hereby agreed and declared in particular, but without limitation, that nothing herein shall be construed as an attempt to contract out of any provisions of the Consumer Protection Act 1999, if and where the said Act is applicable.
Governing Law
The Agreement shall be governed and construed in accordance with the laws of Malaysia, excluding conflict of law rules. Parties agree to submit to the exclusive jurisdiction of Malaysian courts.
Subject to Clause 14.1 above, this Agreement is subject to the Communications and Multimedia Act 1998 (“Act”) and any applicable subsidiary legislation, rules and regulations. This Agreement shall also be subject to the directives and orders of the relevant regulatory authority and to the terms and conditions of the license(s) granted to TECHWHIZ under the Act.
Notices
All official bill statements, notices, requests, notice of demands, writ of summons, all other legal process and/or other communications/documents to be given by TECHWHIZ to you under the Agreement will be in writing and sent to your last known address and/or published in national newspapers in the main languages, published daily and circulating generally throughout Malaysia, as the case maybe.
All notices, requests, notice of demands, writ of summons, all other legal process and/or other communications/documents to be given by you to TECHWHIZ under the Agreement must be in writing and sent to the following address: Project TECHWHIZ (PETRONAS Dagangan Berhad), 1st Floor, Common Ground Ampang, Jalan Kolam Air Lama, 68000 Ampang Jaya, Selangor, Malaysia or If you have questions or concerns that we do not answers in this document, please send us an email to [email protected].
All official statements, notices, requests, notice of demands, writ of summons, all other legal process and/or other communications/documents given by TECHWHIZ to you pursuant to this clause shall be deemed to have been served if:-
sent by registered post, on the second Working Day after the date of posting irrespective of whether it is returned undelivered;
sent by ordinary post, on the fifth Working Day after the date of posting irrespective of whether it is returned undelivered;
hand delivered, upon delivery;
sent by facsimile, upon successful completion of transmission as evidence by a transmission report and provided that notice shall in addition thereon be sent by post to the other party; or
published in national newspapers in the main languages, published daily and circulating generally throughout Malaysia in respect of any change in the Services, terms of the Agreement or charges.
Assignment
You are not permitted to assign or novate any or part of their rights or obligations under the Agreement to any party, without the prior TECHWHIZ’s prior written consent.
15.2 TECHWHIZ may assign or novate all or part of the Agreement to a new TECHWHIZ business entity, or another subsidiary within PETRONAS Dagangan Berhad or to any related third party without your prior consent and that you agree that personal data collected by TECHWHIZ and data derived from TECHWHIZ’s Solution can be used subjected to adherence of Clause 6 above and to make all subsequent payments (if applicable) as instructed in such or further notice.
Indulgence and Waiver
No delay or indulgence by TECHWHIZ in enforcing any provision of the Agreement nor the granting of time by TECHWHIZ to you shall prejudice the rights or powers of TECHWHIZ nor shall any waiver by TECHWHIZ of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.
Suspension and Termination
You may at any time terminate the Agreement by giving TECHWHIZ prior written notice. The Service shall be deemed terminated within ten (10) Working Days from receipt of the termination notice by TECHWHIZ.
TECHWHIZ reserves the right to cancel, withdraw, terminate or suspend the Service for any reason whatsoever at its sole discretion by way of a notice to you. You agree that TECHWHIZ shall not be liable to you or to any other party for such cancellation, withdrawal, termination or suspension.
Miscellaneous
No rule of construction or interpretation shall apply to prejudice the interest of the party preparing the Agreement.
The Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all previous agreements, understanding, proposals, representations and warranties relating to that subject matter.
Those clauses which by their nature would survive the termination of the Agreement shall so survive.
Time wherever referred to in this Agreement shall be of the essence.
The Agreement shall be binding on and shall inure for the benefit of each party's permitted assigns, successors in title, personal representatives, executors and administrators.
You shall bear all stamp duty, service tax charges, and any other cost or charge imposed by law in connection with the preparation of the Agreement and/or the provision of the Services.
You shall immediately inform TECHWHIZ in writing of any change of address and/or employment or business.
Words importing the singular number include the plural number and vice versa.
Words importing the masculine gender include feminine.
An expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body and any governmental agency.
Notwithstanding anything to the contrary, you hereby agrees to be bound by the terms of service, policies and procedures and/or any variations, additions or amendments made thereto, as may be determined by TECHWHIZ at any time.