This document sets forth the Space Application Sdn. Bhd.’s and its subsidiaries’ and associates’ (“Space Application”) End User License Agreement (this “Agreement”) for Mari Home App, a mobile application (the “Application”), any of our related online services and any content owned or maintained by Space Application (collectively, the “Space Application Services”).
Your use of the Space Application Services and any personal information you provide through your use of the Space Application Services remains subject to the terms of this End User License Agreement. By using the Space Application Services, you agree to the terms of this Agreement, any separate License Agreement, Privacy Policy and Disclaimer which available for viewing on the Application. If you have objections to this Agreement, you should not purchase, subscribe to, access or use the Space Application Services.
This Agreement does not govern privacy practices associated with offline activities or other Space Application’ applications or websites and is provided to you to help you make an informed decision about whether and how to use the Space Application Services.
As a visitor, user or subscriber to the Space Application Services, you can engage in many activities in Malaysia.
Any use of the Space Application Services by a visitor, user or subscriber from outside of Malaysia shall be deemed a violation of this Agreement.
IMPORTANT – YOUR USE OF THE APPLICATION IS CONDITIONAL UPON YOUR COMPLIANCE WITH THE FOLLOWING AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING THE APPLICATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF USE, ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THE APPLICATION AND THAT YOU ARE RESPONSIBLE FOR COMPLIANCE WITH THE SAME.
THE APPLICATION IS PROVIDED BY SPACE APPLICATIONS AND AVAILABLE ONLY TO ENTITIES AND PERSONS OVER THE AGE OF LEGAL MAJORITY WHO CAN FORM LEGALLY BINDING AGREEMENT(S) UNDER APPLICABLE LAW.
NO WARRANTY:
YOUR USE OF THE APPLICATION MEANS THAT YOU EXPRESSLY ACKNOWLEDGE AND AGREE WITH SPACE APPLICATION THAT:
(a) USE OF THE APPLICATION IS AT YOUR SOLE RISK;
(b) THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW;
(c) PROVISION OF SERVICES OR INFORMATION IS NOT GUARANTEED AND MAY NOT BE THE LATEST OR UPDATED VERSION;
(d) SPACE APPLICATION IS NOT RESPONSIBLE FOR CHECKING FOR QUALITY, ACCURACY, RELIANCE OF THE SERVICES PROVIDED,
THE APPLICATION AND THE SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SPACE APPLICATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
SPACE APPLICATION DOES NOT CHECK FOR QUALITY, ACCURACY OR RELIANCE AND GIVES NO WARRANTY OF WHATSOEVER NATURE.
SPACE APPLICATION DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SPACE APPLICATION OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
NO INFORMATION OBTAINED BY YOU FROM THE APPLICATION SHALL CREATE ANY WARRANTY.
IF YOU SIGN UP FOR A SUBSCRIPTION, THEN YOUR SUBSCRIPTION WILL CONTINUE FOR THE DURATION SET FORTH AT THE TIME OF PURCHASE AND WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT Mari Home’S THEN-CURRENT FEES FOR THE APPLICABLE SERVICES UNLESS YOU OPT NOT TO RENEW YOUR SUBSCRIPTION. ANY TERMINATION OF YOUR ACCOUNT WILL NOT CANCEL YOUR SUBSCRIPTION, AND IS NOT AN OPT OUT OF THE RENEWAL OF YOUR SUBSCRIPTION. YOU MAY CANCEL YOUR SUBSCRIPTION OR OPT OUT OF THE RENEWAL OF A SUBSCRIPTION IN ACCORDANCE WITH SECTION 7.3 BELOW.
1. Limitation of Liability
The Application is offered for free until further amendment.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SPACE APPLICATION, ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANY PARTY ACTING ON ITS BEHALF BE LIABLE FOR PERSONAL INJURY, DEATH, LOSS, DAMAGES, COSTS , EXPENSES OR ANY INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF REPUTATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR USE BY ANY PARTY
AUTHORISED BY YOU OR ACTING ON YOUR BEHALF USE OR INABILITY TO USE THE APPLICATION OR THE SERVICES HOWEVER CAUSED WHETHER IN CONTRACT, TORT OR OTHERWISE AND EVEN IF SPACE APPLICATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDY STATED FOR YOU IN THIS AGREEMENT IS EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
In no event shall Space Application’ total liability to you for all damages exceed the amount of Ringgit Malaysia ONE (RM1.00) only. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
2. License & Ownership
Any and all intellectual property rights associated with the Application and its contents (the "Content") are the sole property of Space Application, its affiliates or third parties and Space Application does not grant to You any express or implied rights to any intellectual property. The Content is protected by the laws in both Malaysia and other countries. The Application is also protected by trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part and Space Application does not convey any interest in or to the Application.
The Application is licensed, not sold, to You for use only under the terms of this Agreement, unless a product is accompanied by a separate License Agreement, in which case the terms of that separate License Agreement will govern, subject to Your prior acceptance of that separate License Agreement.
3. Scope of License
The license granted under this Agreement is limited to a personal, non-transferable, non-sub-licensable, revocable - license to use or access the Application on any mobile device that You own or control and as permitted by the Usage Rules, terms and conditions set forth herein and/or the App Store or Google Play Store from which you downloaded the Application. (the “Usage Rules”).
You shall not:-
(i) redistribute, reproduce, republish, translate it into any language or computer language, re-transmitted in any form or by any means or make the Application available over a network where it could be used by multiple devices at the same time;
(ii) use or access any service, information, application or software available via the Application in a manner not expressly permitted by the terms in this Agreement;
(iii) input or upload to the Application any information which contains viruses, Trojan horses, worms, time bombs or other programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Application that infringes the intellectual property rights;
(iV) rent, lease, lend, sell, redistribute or sublicense the Application;
(V) copy (except as expressly permitted by this Agreement and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with THE APPLICATION). Any attempt to do so is a violation of the rights of Space Application,
If You breach this restriction, You may be subject to prosecution and damages. The terms of this Agreement will govern any upgrades provided by Space Application that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
4. Consent to Use of Data:
You agree that Space Application may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Application.
5. Termination
The license granted under this Agreement is effective until terminated by You or Space Application. Your rights under this Agreement will terminate automatically without notice from Space Application at Space Application’ sole discretion or no reason in its sole discretion even if access and use continues to be allowed to others, if You fail to comply with any term(s) of this Agreement. Upon termination of the license under this Agreement, You shall cease all use of the Application, and destroy all copies, full or partial, of the Application.
Accessing the Application after such termination shall constitute an act of trespass. Further, You agree that Space Application shall not be liable to You or any third party for any termination of Your usage or access to the Application.
6. Services; Third Party Materials
The Application may enable access to Space Application’s and third party services and web sites, including any forums and community and any other features, content, or services offered from time to time by Space Application in connection with the Application. Use of the Space Application Services requires Internet access and that You accept Space Application’s additional terms and conditions including the Privacy Policy and Disclaimer that are incorporated under this Agreement.
7. Paid Services
7.1 Fees. Certain products or services offered on or through the Services may be provided for a fee or other charge, including services or features for which access and use is purchased on a time limited basis (each a “Subscription”). You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Our current pricing and payment terms are listed on the mobile application store or website of the authorized third party through which you have purchased a Subscription (“Distributor”). Mari Home may add new products and services for additional fees and charges, or amend fees and charges for existing products and services, at any time in its sole discretion. Any increased fees for existing Subscriptions will apply solely on a forward-looking basis beginning on your next billing period.
7.2 Payment. You may be required to provide Mari Home or the Distributor with information pertaining to a valid credit card (Visa, MasterCard, or any other issuer accepted by us or Distributor), PayPal account, or other permitted payment method (“Payment Information”). You agree that Mari Home or the Distributor, as applicable, is authorized to immediately charge your Payment Information for all fees and charges due and payable for the products and services hereunder and that, except as required under applicable law, no additional notice or consent is required. You agree to immediately notify Mari Home or the applicable Distributor of any change in your billing address or Payment Information. Mari Home reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by email delivery to you. Without limiting anything set forth therein, you acknowledge and agree that we may provide your Payment Information to our third party service providers (e.g., our payment processing partner) for use pursuant to our Privacy Policy.
7.3 Subscription. The fee for a Subscription will be billed by the Distributor or Mari Home at the start of your Subscription or, if applicable, at the end of any free trial period, and at regular intervals in accordance with your elections at the time of purchase. The timing of billing may change at any time. Your Subscription will continue to automatically renew indefinitely, including if you terminate your Account, until your Subscription is canceled in accordance with the Agreement. After your initial Subscription period, and again after any subsequent Subscription period, your Subscription will automatically renew on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period at Mari Home’s then-current price for such Subscription. You agree that your Account will be subject to this automatic renewal feature (even if you otherwise terminate your Account) unless you cancel your Subscription prior to the Renewal Commencement Date in accordance with any terms between you and the Distributor. You may opt out of the auto-renewal of your Subscription, or cancel your Subscription. If you cancel your Subscription, such cancellation will be effective as of the end of your then-current Subscription term (the “Cancellation Date”), and your Subscription will not be renewed after such then-current term. You will not be eligible for a prorated refund from Mari Home of any portion of the fees paid for the then current period of your Subscription. By purchasing a Subscription, you authorize the applicable Distributor or Mari Home to charge your Payment Information in accordance with your selected Subscription plan. Upon renewal of your Subscription, if the applicable Distributor or Mari Home does not receive payment via your Payment Information, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that Distributor or Mari Home may either cancel or suspend your Subscription and continue to attempt to charge your Payment Information until payment is received.
7.4 Free Trials. Certain Subscription offerings may offer a free trial prior to charging your payment method, the period of which will be communicated to you via the Services. If you decide to cancel your Subscription before Mari Home starts charging your payment method, you must cancel the Subscription before the free trial ends. Otherwise, you will be responsible for payment for the full term of the Subscription period.
7.5 No Refunds. Mari Home DOES NOT ISSUE ANY REFUNDS FOR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE SERVICES AND WE ARE NOT OBLIGATED TO PROVIDE ANY CREDITS FOR PARTIALLY USED PERIODS.
7.6 Payment Service Provider. All financial transactions made in connection with the Services will be processed by the Distributor or their third party payment service provider in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. As such, in no event will Mari Home be responsible for the actions or inactions of any Distributor or their third party payment service provider, including, but not limited to, system downtime or payment service outages, and any billing and fee disputes may require resolution between you and the Distributor or applicable third party. If you notify us of any fee or billing dispute we will likely direct you to the Distributor to address such dispute, but, to the extent we are able, we may assist you in resolving such dispute.
7.7 Taxes. The payments required under Section 7.1 of this Agreement do not include any Sales Tax that may be due in connection with the Services provided under this Agreement. If Mari Home determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, Mari Home shall collect such Sales Tax in addition to the payments required under Section 7.1 of this Agreement. If any Services, or payments for any Services, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Mari Home, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Mari Home for any liability or expense Mari Home may incur in connection with such Sales Taxes. Upon Mari Home request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
8. You understand that by using any of the Space Application Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that Space Application shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that Space Application is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Space Application does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Location data provided by any Space Application Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Space Application, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Space Application Services.
You agree that any Space Application Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Space Application Services. No portion of the Space Application Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Space Application Services, in any manner, and You shall not exploit the Space Application Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Space Application Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Space Application is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Space Application Services.
In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from Your device are only available in Malaysia. Space Application makes no representation that such services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Space Application, and its licensors, reserve the right to change, suspend, remove, or disable access to any services at any time without notice. In no event will Space Application be liable for the removal of or disabling of access to any such services. Space Application may also impose limits on the use of or access to certain services, in any case and without notice or liability.
9. You may not use or otherwise export or re-export the Application. By using the Application, you represent and warrant that you are not located in any country other than Malaysia. You also agree that you will not use these products for any purposes prohibited by Malaysian or international law.
10. The Application may utilize other products under license by Space Application such as software license, copyright or intellectual property, (whether registered or unregistered or pending registration of third parties.) You acknowledge such third party license(s) and/or rights and agree that you will not in any way interfere or breach such license(s) and/or rights.
11. The laws of Malaysia, excluding its conflicts of law rules, govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
12. Except as expressly provided in the provisions of this Agreement, a separate license or other written agreement between You and Space Application, this Agreement constitute the entire agreement between You and Space Application with respect to the use of the Application and any Space Application Services, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
13. You may preserve this Agreement in written form by printing them for Your records, and You waive any other requirement that this Agreement be evidenced by a written document.
14. Space Application may revise and update this Agreement at any time. Your continued usage of the Application after any changes to this Agreement will mean You accept those changes. Any aspect of the Application may be changed, supplemented, deleted or updated without notice at the sole discretion of Space Application. Space Application may also change or impose fees for products and services provided through the Application at any time in its sole discretion. Space Application may establish or change, at any time, general practices and limits concerning other Space Application Services in its sole discretion.
15. Space Application does not accept ideas, concepts, or techniques for new services or products through the Application. If such information are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) Space Application, its affiliates and its employees are under no obligation to keep such information confidential, and (c) Space Application will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such information in any manner it chooses.
16. You may not assign this Agreement or any of Your interests, rights or obligations under this Agreement. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any of the provisions in this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition
Privacy Related Inquiries and Complaints
Should you have any related inquiries or concerns regarding this Agreement, you may contact Space Application by mail/email to the address below:
104B, Jalan Sutera Tanjung 8/3,
Taman Sutera Utama,
81300 Skudai, Johor, Malaysia.
Tel No.: +607 – 554 2685
Email: spaceapps.my@gmail.com
Latest Update
This Agreement was last updated on 30.09.2020.