This document sets forth the Wiseyes Solutions Sdn. Bhd. and its subsidiaries and associates (“Wiseyes”) End User License Agreement (the “License Agreement”) for ResQ App a mobile application (the “Application”), any of our related online services and any content owned or maintained by Wiseyes (collectively, the “Wiseyes Services”).
This End User License Agreement does not govern privacy practices associated with offline activities or other Wiseyes applications or websites and is provided to you to help you make an informed decision about whether and how to use the Wiseyes Services.
Any use of the Wiseyes Services by a user from outside of Malaysia shall be deemed a violation of the License 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.
YOUR USE OF THE APPLICATION MEANS THAT YOU EXPRESSLY ACKNOWLEDGE AND AGREE WITH WISEYES THAT:
(a) USE OF THE APPLICATION IS AT YOUR SOLE RISK AND
(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) WISEYES 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 WISEYES 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.
WISEYES DOES NOT CHECK FOR QUALITY, ACCURACY OR RELIANCE AND GIVES NO WARRANTY OF WHATSOEVER NATURE.
WISEYES 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 WISEYES 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.
1. Limitation of Liability
The Application is offered for free until further amendment.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WISEYES, 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 WISEYES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall Wiseyes’ total liability to you for all damages exceed the amount of Ringgit Malaysia ONE (RM1.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
The Application is licensed, not sold, to You for use only under the terms of this license, 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:
This license is limited to a non-transferable license to use 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 from which you downloaded the Application. (the “Usage Rules”).
You may not:-
(i) distribute or make the Application available over a network where it could be used by multiple devices at the same time.
(ii) rent, lease, lend, sell, redistribute or sublicense the Application.
(iii) copy (except as expressly permitted by this license 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 Wiseyes .
If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Wiseyes 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 Wiseyes 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.
The license is effective until terminated by You or Wiseyes. Your rights under this license will terminate automatically without notice from Wiseyes if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Application, and destroy all copies, full or partial, of the Application.
6. Services; Third Party Materials
7. You understand that by using any of the 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 Wiseyes 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 Wiseyes 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. Wiseyes 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 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 Wiseyes, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that any 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 Services. No portion of the 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Wiseyes 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 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. Wiseyes 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. Wiseyes, 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 Wiseyes be liable for the removal of or disabling of access to any such Services. Wiseyes may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
8. 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.
9. The Application may utilize other products under License by Wiseyes 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.
10. The laws of Malaysia, excluding its conflicts of law rules, govern this license and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
Privacy Related Inquiries and Complaints
Should you have any related inquiries or concerns regarding this License Agreement, you may contact Wiseyes by mail/email to the address below.
Suite 12-03, Level 12, Menara MSC Cyberport,
No. 5, Jalan Bukit Meldrum,
80300 Johor Bahru, Johor, Malaysia.
Tel: +607 – 352 4168
This License Agreement was last updated on : 17.10.2013