Terms and conditions stipulated herein constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“User”) and ALT Synergy Sdn Bhd (“Company”), concerning your access to and use of this website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”), you unconditionally: -

(a) acknowledge that you have read and fully understood these terms and conditions and agree to be bound by these terms and conditions;

(b) consent to Company using and processing your personal information and data in accordance with Company’s Privacy Policy       

Any person that you allow to access the service using your account shall also be bound by these terms and conditions. If you do not agree with all of these terms and conditions, then you are expressly prohibited from using the Platform and you must discontinue use immediately.

The User has agreed as follows:-

1. Terms and Conditions

1.1 This Terms & Conditions applies to User’s use of the digital content available through the Platform, regardless of whether accessed via computer, mobile device or otherwise. To use the digital content available through the Platform, User will need a device that meets the system and compatibility requirements for the relevant products and services, which may change from time to time, and such system requirements are upon User’s responsibility.

1.2 Company reserves the right to amend these terms and conditions at any time and it is User’s responsibility to review these terms and conditions on each occasion of usage of the Platform. User may terminate this Terms & Conditions by written notice to Company (either by email to talk2us@alt-synergy.com or by post) if User do not wish to be bound by such new terms and conditions. However, continued use of the service or the Platform will be deemed to constitute acceptance of the new terms and conditions.

1.3 User does not have the right to interfere in the Platform security provision or, in any other similar way, to use the Platform or other system resources, networks and services accessible through or connected to the Platform in a corrupt manner. The User agrees to use the Platform entirely within the lawful and intended limits.

1.4 Prices as indicated are in Malaysian Ringgit. Delivery costs will be charged in addition where applicable upon checkout. User may order any of the product(s) offered by following the directions of purchase provided on the Platform. No amendments are allowed after payment has

been processed, kindly check and ensure that your delivery details and ordered/purchased item(s) are correct before making the payment. For the avoidance of doubt, the Company shall not be held responsible/ liable for any products ordered from other channels/ methods aside from the Platform. Free gift that comes with your order will be shown in the shopping cart (if any). All free gifts are non-refundable, non-exchangeable, subject to availability and first come first served basis.

1.5 Prices for the Company’s products are subject to change without notice. The Company reserve the right at any time to modify or discontinue its services/products (or any part or content thereof) without notice at any time. The Company shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of its services/products.

1.6 It takes 1-3 working days to process your orders. The Company shall notify you if it expects to be unable to meet the estimated delivery date, but, to the extent permitted by law, the Company shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. All of the parcels are delivered by the Company’s courier partner(s) i.e. Ninja Van and J&T.

2. Intellectual property

2.1. The Platform includes all materials that are included in or are otherwise a part of the Platform (including past, present and future versions of the Platform), including, without limitation: graphics; layout; text; instructions; images; trademarks; logos; service marks; audio; videos; designs; ringtones; wallpapers; games; contests and sweepstakes; voting; technology; applications; artwork; information; data; designs; compilation; advertising copy; domain names; any and all copyrightable material (including source and object code); the “look and feel” of the Platform; the compilation, assembly and arrangement of the materials of the Platform; and all other materials related to the Platform (collectively, “Materials”). The Platform is the property of

Company and its shareholders/owners, and are protected by legal and subordinate acts relating to intellectual property including but not limited to copyright laws and other similar laws.

2.2 When the User uses the Platform, he/she must:-

  I. keep intact all copyright, trademark and other proprietary notices;

  II. make no modifications to the Platform or Materials; and

  III. not copy or adapt any object code associated with the Platform, reverse engineer, modify or attempt to discover any source code associated with the Platform (nor allow or assist any third-party to do so).

2.3 User agrees that he/she will not sell, resell, copy, transfer, reverse engineer, disassemble, decompile, create derivative works of, or allow third-party access to the Platform; will not use, post, transmit, or introduce any device, software, or routine which interferes or attempts to interfere with the operation of the Platform; will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform. User will use the Platform solely for his/her own personal use and will not make the Platform available to any third-party for any reason. User further agrees that he/she will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute any portion of the Platform (except as may be a result of standard search engine or Internet browser usage).

2.4 In case of absence of a separate written Terms & Conditions with Company, unconditioned use of the files offered at the Platform without written permission of Company is prohibited.

3. Confidentiality

The User shall keep the personal information, password and PIN for his/her account confidential at all times and shall take all steps to prevent the disclosure of his/her password and PIN.

4. Contact

For any questions or feedback, please contact Company using the contact information below.

Contact information:

E-mail: talk2us@alt-synergy.com

Office number: 6012-981 6191

5. Access passwords

5.1 The User confirms his/her consent that the process of user identification is performed with the purpose of granting him/her access to his/her user profiles and governing access to Platform content. The username (login) and password chosen by the User are confidential information. The User realizes the necessity of non-disclosure of this information and promises to keep in secret and not uncover, pass, or offer personal access data to a third party without clear written

permission from Company.

5.2 The User confirms his/her consent that he/she, as an owner of the access login and password, bears responsibility for each access to the Platform content using the chosen login and password. Also, the User is informed and agrees that Company automatically accepts and recognizes his/her login and password as evidence and clear proof of the fact that it was the User who gained access to the Platform content. The User realizes that the login and password are unique symbols, even though Company does not impose specific requirements as to their contents and quality.

6. Mobile features

6.1 The Platform may offer features and services that are available to the User via mobile phone or other mobile device. These features and services may include, without limitation, the ability to upload User content to the Platform, receive messages (e.g. in-App messages, and on-device notifications) from the Platform, download applications to the mobile phone or device, or access Platform features (collectively, the “Mobile Features”). Company may charge the User for Mobile Features. Also, standard messaging, data and other fees may be charged by User’s telecommunications carrier. Fees and charges will appear on User’s mobile bill or be deducted from User’s prepaid balance. User’s telecommunication carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with User’s carrier or mobile device. User would be required to contact the telecommunication carrier with questions regarding these issues. If User has registered for Mobile Features, User agrees that Company may send communications to User’s mobile device regarding Company or other parties, and collect information related to User’s use of the Mobile Features. User agrees to notify Company of any changes to User’s mobile number and update User’s account on the Platform to reflect any such changes.

6.2 In addition to the other restrictions and limitations contained in this Terms & Conditions, Company is not responsible for failures in the performance of Mobile Features, including but not limited to, the delivery of electronic messages via the Mobile Features as a result of any technical issues. There may be other reasons for a delivery failure as well. Company does not provide refunds for electronic messages or cards that are not delivered due to technical issues for which Company is not responsible.

7. Platform behavior rules

7.1 The User confirms that he/she does not intend to use files of the Platform for unlawful or otherwise unauthorized purposes. Thus, the User agrees to avoid using any files obtained from the Platform in an inappropriate manner including, but not limited to:-

   I. Abusing, threatening, hunting down, or violating the data protection rights of third persons or other users of the Platform;

   II. Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

   III. Passing, resending, uploading or in any other way distributing, cooperating or taking part in the distribution of files or parts of program code that include, contain or consist of parts of software or other files under the protection of intellectual property or copyright laws and any affiliated protections (including the right of confidentiality), excluding cases where the User owns or controls such rights or has necessary permissions;

    IV. Passing, resending, uploading or in any other way distributing, cooperating or taking part in the distribution of files or parts of program code containing harmful software (such as viruses) that may result in the disruption or total failure of the correct operation of software or hardware in other computers;

     V. Deleting, clearing, cutting or in any other way concealing any author attributions, labels, identifications, or legal notices in any files uploaded or downloaded by the User;

    VI. Falsifying or imitating data concerning an original source of and files offered at the Platform;

    VII. Using any Platform options including but not limited to mailing to other members of the Platform for advertising purposes, to distribute referral links, promote files, goods, services or activities, whether or not connected to the Platform;

    VIII. To collect or track the personal information of others; and

    IX. Using any kind of information received from the Platform or with the help of the Platform for creation of software, resources or programs being in direct or indirect competition to Company’s activities.

7.2 The User agrees to refrain from using the Platform in such a way that could result in its damage, operational trouble, or other negative outcome for other Platform users. Also, the User agrees not to interfere with or access without authorization other Company’s user records. The

User agrees to access Platform files in accordance with Platform rules and procedures.

7.3 In addition, the rights granted to your herein are also subject to the following restrictions:-

   I. You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform;

   II. You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform; and

   III. You shall not access the Platform in order to build a similar or competitive service; and except as expressly stated herein, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

8. Term, grounds and principles of termination

8.1 This Terms & Conditions is effective until it’s terminated. For such purpose at any time the User should send a message using the Platform’s contact form or by any other written form appropriate on behalf for him/her, which identifies the User and confirms the User’s intention to

notify Company regarding the desire to terminate this Terms & Conditions. Company reserves the right at its discretion to suspend, terminate or restrict the User’s right to access to all or some content and resources of the Platform at any time, for any reason and without proofs or prior notices.

8.2 Company has the ability and right to suspend, terminate or change any part of the Platform Platform in the whole, its functions, resources or databases without prior notification or additional liabilities.

8.3 Company also retains the right to suspend or fully terminate access of the User to the Platform files in case of absence of activity from the User over an extended period of time, which may be interpreted as the User’s inability to gain access to the Platform files.

8.4 Termination of this Terms & Conditions does not indicate automatic exemption of liability and obligation of reimbursement of debts to Company in accordance with the provisions of this Terms & Conditions or other liabilities of the User.

8.5 Upon termination of the User profile and his/her access to the Platform files, the User confirms his/her consent to be forfeited all credits remaining at his/her account.

9. Platform updates

9.1 Company regularly updates technical, content and other information on the Platform. Nevertheless, Company makes no claim guaranteeing the completeness, accuracy and compliance of the information given at the Platform. Company is able to add, review or delete information, resources and services posted on the Platform. Also, Company reserves the right to make changes to the Platform without prior notification.

10. Platform management

10.1 Company does not control all uploads and information exchanges performed throughout the Platform and is not responsible for such exchange and communication. Nevertheless, Company has the right to move, delete, and refuse to publish, or edit any text message or files which Company may regard as violating or presumably violating this Terms & Conditions, the rights for private or intellectual property, or similar rights of third parties. The contributor agrees to the expropriation of any commissions paid for the respective files.

10.2 Company has the right but not the obligation to correct mistakes in the files at its own convenience.

10.3 By accepting this Terms & Conditions, the User acknowledges his/her consent to receive an electronic newsletter and notifications from Company. The User can always access his/her account to change whether to enable or disable notifications.

11. Links to other sites

11.1 There may be links to third-party sites on the Platform. Such links are given solely for the User’s convenience. Their presence does not mean that they are recommended or endorsed by Company. Also, Company does not warrant their safety and in accordance with the User’s expectations. Company shall not bear any liability in case of any damages or losses, direct or implicit, due to a visitation originating from Company or to the use of services available from third-party sites.

12. Software and computer viruses

12.1 At times, Platform failures may happen due to internet connection, software operation, data transmission, etc., and it is possible that incorrect or incomplete copy of the information contained at the Platform pages may occur. Similarly, the Platform pages may contain malicious code or programs infected with computer viruses.

12.2 Company is not responsible and bears no liabilities connected to the work of any software, the presence of any computer viruses or other elements with malicious code, the presence of destructive or unsafe files that can be distributed or otherwise affect software and hardware upon the User’s review of the Platform, the access to any information on the Platform, or the downloading of any files from the Platform. Company strongly encourage the use of anti-virus software or other protective programs during interaction with all web sites.

13. Disclaimer

13.1 The Platform, Platform content and services are provided as is,without representation, warranty, guarantee or condition of any kind, either express, implied, statutory or otherwise. User always use the Platform, Platform content and services at their own risk.

13.2 Company hereby expressly disclaims any and all representations, warranties, guarantees and conditions of any kind, whether express or implied, to each and any platform content and service made available at any time, including, but not limited to implied representations, warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, accuracy, timeliness, completeness, compatibility, currentness, integration, security, privacy, title, usefulness, suitability, quality, simple usage and any other warranty that might arise under any applicable law. Company makes no commitments about the Platform, Platform content and services.

13.3 Moreover, Company further disclaims any representations, warranties, guarantees and conditions that:-

   I. access to the Platform, Platform content and services will be uninterrupted and error-free at all times;

   II. Platform, Platform content and services will meet User’s expectations, will be satisfactory to User’s needs and requirements or will be uninterrupted and error-free;

   III. results that may be obtained from the use of the Platform, Platform content and services will be effective or reliable;

   IV. any errors or defects in Platform, Platform content and services will be corrected by Company;

   V. Platform, Platform content and services will be permitted in any jurisdiction;

   VI. Platform, Platform content and services will be free of viruses, similar contamination or destructive features and/or any other harmful components;

    VII. Platform, Platform content and services will be interoperable with user’s hardware and software;

    VIII. any documents regarding Platform, Platform content and services will be available at any time; or

     IX. Company will continue to support any particular service or feature of the Platform and Platform content.

14. Liability limitation

14.1 The User confirms that he/she understands and takes responsibility and assumes all risk resulting from the use of the Platform without limitations.

14.2 If effective laws and normal acts do not allow exclusion of liability and limitations to the full extent for indirect or casual damages, all above-stated limitations and exclusions shall not be applied to the User. In case of a situation falling under such jurisdiction, the liability of Company or any of its employees, directors, shareholders, license holders or agents shall be limited to the maximum value permitted by the law.

15. Indemnification

15.1 Consenting to the terms of this Terms & Conditions, the User agrees to indemnify, defend and hold Company, its affiliates, its content contributors and their respective directors, officers, employees,shareholders and agents (collectively, the “Company parties”) harmless from and against all claims, liability, losses, damages, costs and expenses (including reasonable legal fees) incurred by any Company parties as a result of, or in connection with, any breach or alleged breach by the User or anyone acting on the User’s behalf of any of the terms of this Terms & Conditions.

 15.2 The User agrees to pay and indemnify, protect and also take the side of Company parties against any claims, responsibilities, losses and expenses (including lawyers’ fees on a client basis and solicitor), incurred in the following cases:-

  I. Purposeful or casual usage of the Platform and/or its files made with the User login, regardless of whoever entered the authorization;

 II. Any correspondence made by the User or the downloading of any files made with the help of the User login; or

 III. Any violation by the User of the terms and provisions of this Terms & Conditions.

16. Applicable law

16.1 The validity, interpretation and enforcement of this Terms & Conditions, matters arising out of or related to performance or breach of this Terms & Conditions, and related matters shall be governed by the laws of Malaysia. Any legal action or proceeding concerning the validity, interpretation and enforcement of this Terms & Conditions, matters arising out of or related to performance or breach of this Terms & Conditions, and related matters, shall be brought exclusively in the courts of Malaysia. All parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues.

16.2 The User agrees to refrain from taking part or organizing any collective claim against Company in connection with the Platform work, provisions of this Terms & Conditions or any Terms & Conditions considered herein.

16.3 If Company is obligated to go to non-arbitration court for collection of any payable fees or enforcement of its rights, the User agrees to reimburse Company for all expenses, payments and fees in the event that Company is successful.

17. Age and responsibility

17.1 Platform, Platform content and services are neither intended to be used by minors and persons under age of eighteen (18), nor designed and intended to wilfully and knowingly collect, use, or disclose any personal information from minors and persons under age of eighteen (18). Company will immediately remove personal information from children and/or search to obtain a verifiable parental consent for the collection use, or disclosure of personal information from children, once it will come to Company’s attention that any personal information from children was submitted or collected through the Platform.

17.2 The User confirms and warrants that he/she has reached the age of eighteen (18) and is bound by legal obligations sufficient for any liability that can appear as a result of usage of the Platform files.The User agrees to bear full responsibility for all cases of the Platform usage without distinction, as well as for use of his/her login and password by third parties including minors and persons under age of eighteen (18).

18. General provision

18.1 Company’s failure to insist upon or enforce strict performance of any provision of this Terms & Conditions shall not be construed as a waiver of any provision or right. If any provision of this Terms & Conditions cannot be fulfilled completely or partially at the territory of a certain country, the parties agree to settle all such matters by judicial process. In this case the court may select the closest statutory provisions, according to which the provision of the Terms & Conditions can be fulfilled partially or in full.

18.2 The User confirms that, in addition to the terms of this Terms & Conditions, he/she has familiarized himself/herself with the other Terms & Conditions that are referenced in this Terms & Conditions, and agrees with the restrictions which they impose.

18.3 Absence of a result of actions performed by Company for organization or control of accurate implementation of the provisions of this or affiliated Terms & Conditions shall not and cannot be construed as waiver of any rights or remedies.

18.4 User shall not be allowed to assign this Terms & Conditions and/or transfer User’s rights and obligations under this Terms & Conditions fully or partly to any third parties. Company shall be free to assign this Terms & Conditions and/or transfer User’s rights and obligations under this Terms & Conditions fully or partly to any third parties upon Company sole and absolute discretion.