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PENTAIP (M) SDN. BHD.[170552-P]

Terms of Service

Last updated: 13 June 2019

Welcome to PENTAIP (M) SDN. BHD. (“PENTAIP”).

www.pentaip.com provides its service (as defined below) to you, subject to the following Terms of Service ("ToS"), which may be updated by us in our sole discretion from time to time subject to 21 days’ prior written notice being given to you, before any such variation to the terms and conditions take effect.


You agree that your continued use of the Service after such update will constitute your acceptance of an agreement to be bound by the updated ToS. In addition, when using particular PENTAIP’s services, you shall be subjected to any posted guidelines or rules applicable to such Services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the ToS. PENTAIP also may offer other services from time to time that are governed by different terms of services. These ToS do not apply to such other services.


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 meaning as may generally be accepted within the industry based on the context used herein:

Terms Description
"Account" means PENTAIP account opened by you to subscribe to the service.
"Content" means any java games, information text, sound, music, software, photographs, videos, graphics, data messages, contest or other materials received by you.
"Personal Information" means any java games, information text, sound, music, software, photographs, videos, graphics, data messages, contest or other materials received by you.
"You or Your" means the registered owner of the Account, authorized to use the service subject to the Terms and Conditions herein.
"Mobile Number" means a mobile number registered with a telecommunication provider in Malaysia.
"Website" means www.pentaip.com website.

Description of Service

In order to use the Service, you must obtain access to the World Wide Web, either directly or through mobile devices that can access web-based Content, unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new PENTAIP mobile application and web application properties, shall be subjected to the ToS and pay any Service Fee associated with such access. You acknowledge that PENTAIP is not responsible or liable in any way for your access to the World Wide Web. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You acknowledge that you are solely responsible for the set-up, configuration or compatibility of the hardware, software and other equipment used by you for obtaining access to the Service. You understand and agree that the service is provided on "As-Is Basis" and that PENTAIP assumes no responsibility for the timeliness, currency, deletion, undelivered or failure to store any user communications or personalization settings.


Your Registration Obligations

In order for the Service to be made available to you, you agree to sign up for a free of charge PENTAIP Account and provide (a) true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PENTAIP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PENTAIP has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof) without any liability to you. PENTAIP is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of thirteen (13) who wish to allow their children access to the Service must provide proper guidance. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content is appropriate for your child.


You understand and acknowledge that all the Content, whether publicly posted or privately transmitted via the service, are the sole responsibility of the person from which such Content originated. This means that you and not PENTAIP are entirely responsible for all Content that you upload, post, email or otherwise transmit via the service. PENTAIP cannot and does not control or monitor the Content posted via the Service and, as such, cannot and does not guarantee the accuracy, integrity or quality of such Content. You understand and acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will PENTAIP be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent or objectionable Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.


You agree to use the Service with the responsibility to:

  • ensure the compatibility of your mobile device with PENTAIP’s system. In the event that changes and upgrades are introduced to PENTAIP, you shall be responsible to ensure the continued compatibility of your mobile device and you shall have no claim whatsoever against PENTAIP arising therefrom;
  • 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; and
  • 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 PENTAIP pursuant to these ToS in a timely manner.

You agree to use the Service with the responsibility to:

  • upload, post, email or otherwise make available or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way
  • impersonate, or falsely state or otherwise misrepresent your affiliation with, any person or entity, including, but not limited to, a PENTAIP official, forum leader, guide or host; forge headers or otherwise manipulate identifying information in order to disguise and/or with the effect of disguising the origin of any Content transmitted through the Service;
  • upload, post, email or otherwise make available or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email or otherwise make available or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email or otherwise make available or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid
  • schemes," or any other form of solicitation, except in those areas (such as, but not limited to, shopping rooms) that are designated for such purpose; upload, post, email or otherwise make available or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy
  • or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users'
  • ability to engage in real-time exchanges; interfere with or disrupt the Service or another person's use of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or
  • regulations of networks connected to the Service; intentionally or unintentionally violate any applicable law, statute, regulation, rule or code, including, but not limited to, any regulations or rules of any regulatory body,
  • governmental agency or national or other securities exchange; "stalk" or otherwise harass another person; or
  • collect or store personal data about any other user. use the Service to cause excessive or disproportionate load on the Service or PENTAIP’s system;
  • use, permit or cause to be used the Service improperly or for any activities which breach any laws, regulations, infringe a third party’s rights, or breach any directives, content
  • requirements or codes promulgated by any relevant authority including activities which will require PENTAIP to take remedial action under any applicable industry code or in a way
  • interferes with other users or defames, harasses, menaces, restricts or inhibits any other use from using or enjoying the Service or the internet; or
  • use the service to receive, access or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful; circumvent user authentication or security of any host, network or account (referred to as "cracking" or "hacking") nor interfere with service to any user, host or network (referred to as "denial of service attacks") nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading PENTAIP's legitimate
  • web pages (referred to as "page-jacking"), or use the Websites or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability, and PENTAIP will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security
  • under the leadership of law enforcement or relevant authorities; use the Websites and/or the Services to advertise or offer to sell any goods or services for any commercial purpose without PENTAIP's written consent; access, tamper with, or use non-public areas of the Website, PENTAIP’s computer systems, or the technical delivery systems of PENTAIP’s providers; attempt to probe, scan, or test the vulnerability of any PENTAIP system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by PENTAIP or any of PENTAIP’s providers or any other third
  • party (including another user) to protect the Website or the Services;
  • attempt to download the 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 PENTAIP or other generally available third party web browsers;
  • use the Website or Services 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 Website or Services 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 Website or Services;
  • 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 Website;
  • collect or store any personally identifiable information from the Website or Services from other users of the Website or Services without their express permission; directly or through the use of any device, software, internet site, web-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 Service including geo-filtering mechanisms.

You acknowledge that PENTAIP cannot and does not pre-screen Content, but that PENTAIP and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the service. Without limiting the foregoing, PENTAIP and its designees shall have the right to remove any Content (whether or not provided by you) that violates the ToS or is otherwise objectionable in their sole opinion, without being liable to you in any way for any loss or damage arising from such removal. You agree that you must and will evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not and will not rely for any purpose on any Content created by PENTAIP or submitted to PENTAIP, including without limitation information in PENTAIP Website, and in all other parts of the service.

You acknowledge and agree that PENTAIP may in its sole discretion preserve any Content, and disclose any Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the ToS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of PENTAIP, its users and the public.

You understand that the technical processing and transmission of the service, including your Content, may involve (a) transmissions over various networks; and (b) modifications to conform and adapt to technical requirements of connecting networks or devices.


PENTAIP’s Privacy Policy

You agree that by using the Service, you are giving consent to PENTAIP that the information collected by PENTAIP from you will be used and/or disclosed in accordance to our Privacy Policy as posted on our Website and the Personal Data Protection Act 2010. You are advised to read our privacy notice to understand your rights with regards to your Personal Information


Use the Service

You agree that by using the Service, you are giving consent to PENTAIP that the information collected by PENTAIP from you will be used and/or disclosed in accordance to our Privacy Policy as posted on our Website and the Personal Data Protection Act 2010. You are advised to read our privacy notice to understand your rights with regards to your Personal Information

  1. You can start using our service upon registration an Account by accessing our Website on the World Wide Web and register your mobile phone number and email address as the PENTAIP ID, confirming with an email verification and choosing a passcode.
  2. All information provided must accurate as the information will be required for account verification purposes by PENTAIP. Your Account cannot be transferred and will solely belong to the NRIC or passport holder or registered under the email account in PENTAIP. You are responsible for maintaining the confidentiality of the passcode of the Account, and are fully responsible for all activities that occur under your passcode or Account and shall ensure that you exit from your Account at the end of each session. PENTAIP cannot and will not be liable for any loss or damage arising from your failure to take reasonable steps to maintain the confidentiality of your Account or passcode. In the event that you key in the wrong Passcode more than three (3) times, your Account will be blocked and the system will suspend your Account from having access temporarily.
  3. Should you wish to re-activate your Account, you are required to contact PENTAIP Customer Care Support.

Unauthorised Use

You agree to immediately notify PENTAIP by contacting our PENTAIP Customer Care Support in the event there is any fraudulent or unauthorized use of your passcode or Account or any other breach of security. Our PENTAIP Customer Care Support shall immediately suspend your Account and investigate your complaint and respond to you within 24 hours of your complaint. However PENTAIP shall not be liable to compensate your loss as it is your duty to take the necessary precautions to safeguard your passcode. PENTAIP shall not be liable to compensate your losses.

You acknowledge that the service is and remains at all times the property of PENTAIP and you shall:

  1. exercise all due care and diligence in the custody, care and use of the service; and
  2. not tamper or allow anyone to tamper with the service.

Notwithstanding the aforesaid, PENTAIP may refuse your Account from using the services if your Account is suspected to have been fraudulently used, stolen or tampered with and PENTAIP shall not be liable for any loss, cost or damage suffered, if any, by you as a result thereof.


Indemnity

You agree to indemnify and hold PENTAIP, and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to, transmit or make available through the service, your usage your connection, your violation of the ToS, your violation of any rights of any other person, or your breach of any applicable law.


General Practices Regarding Use and Storage

You acknowledge that PENTAIP may in its sole discretion establish general practices and limits concerning use of Service, including without limitation the manner in which the service may be used. You acknowledge that PENTAIP reserves the right to terminate and/or delete accounts that are inactive for an extended period of time. You further acknowledge that PENTAIP reserves the right to modify these general practices and limits at any time, in its sole discretion, with or without notice, and you agree that your continued use of the service after such modification will constitute your acceptance of an agreement to be bound by the modified general practices and limits.


Modifications to Service

PENTAIP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) by subject to 21 days’ prior written notice being given to you, before any such variation to the terms and conditions take effect. You agree that PENTAIP shall not be liable in any way to you or to any third party for any modification, suspension or discontinuance of the Service.


Fees and Changes

You shall pay the prevailing Service Fee for services rendered. The applicable fees and charges shall be based on PENTAIP’s prevailing rates notified to you from time to time.

You shall be responsible for any other charges for any services rendered, and for any other charges that PENTAIP may impose from time to time.

You shall be responsible for all related fees and/or charges imposed by any third party facilities, including Banks and service providers.

You will need to provide all equipment necessary to access the Website and the Services on the Internet, and be liable for payment for your local telephone call and data charges at the rates published by the telecommunication provider with whom you make your local calls, or any other internet access charges to which you may be subjected to. If your equipment does not support relevant technology including but not limited to encryption, you may not be able to use certain Services or access certain information of the Website.


Dispute Resolution

If you discover any error or discrepancy in your Account, you must contact the Customer Care Support within fourteen (14) days from the date of the disputed transaction, failing which, you shall be deemed to have accepted the accuracy services rendered to you.

If it is revealed in the course of PENTAIP’s investigation that the disputed service rendered was indeed made in error, PENTAIP will refund the disputed sum in the manner prescribed above.

PENTAIP reserves its right not to refund any disputed amount to you if PENTAIP believes that you have acted contrary to these ToS.

You hereby agree and consent to the disclosure and release by PENTAIP of any information in the possession of PENTAIP relating to you, the particulars of the Transaction(s) or any designated account relating to the services provided for the purpose of investigating any claim or dispute arising out of or in connection with the services provided which consent shall survive the termination of the service provided.

You hereby agree that in the event of a dispute or claim of any nature arising in respect of services rendered, the records of the services rendered made available from PENTAIP shall be used as a reference and shall be the sole basis of settling the aforesaid dispute or claim.

These ToS are governed by and construed in accordance with the laws of Malaysia, and you hereby submit to the non-exclusive jurisdiction of the Malaysian courts.


Termination and Refund

You agree that PENTAIP in its sole discretion, may terminate your Account (or any part thereof) or use of the service, and remove and discard any Content within the service, for any reason, including, without limitation, for lack of use or if PENTAIP in its sole opinion believes that you have violated or acted inconsistently or fraudulently with the letter or spirit of the ToS. You agree that PENTAIP may in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You also agree that any termination of your access to the service under any provision of this ToS may be effected without prior notice and acknowledge and agree that PENTAIP may in its sole discretion immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that PENTAIP shall not be liable in any way to you or any third-party for any termination of your access to the Service.

You may at any time discontinue the use of the Service by (1) visiting our Website and utilise the online termination function on the Website , or (2) contacting our PENTAIP Customer Care Support who shall assist you with the refund of available balance in your Account subject to the terms and conditions determined by PENTAIP. PENTAIP shall at its sole discretion confirm the unutilized available balance in your Account and refund monies due to you within 30 days from receiving a duly completed Refund Form together with the relevant documents made available to you through your registered email by our PENTAIP Customer Care Support.

You further agree that if PENTAIP terminates or suspends the service or any part thereof for any fraudulent use of the services, PENTAIP shall not be obliged to refund or return any balance of monies in the Account until and unless clearance has been obtained from the relevant authorities, if applicable.


Dealings with Third Parties

Your correspondence or business dealings with, or participation in promotions of, other parties found on or through the service (including without limitation advertisers and other users of the service), including fund transfer, payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other party. You agree that PENTAIP shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings with such other parties, as the result of the presence of such other parties on the service, or as the result of the use of the service in any way by such other parties.


Links

The service may provide, or third parties may provide, links to other World Wide websites or resources. You acknowledge and agree that PENTAIP has no control over such websites and resources, and that PENTAIP is therefore not responsible for the availability of such external websites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that PENTAIP shall not be responsible or liable in any way for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such website or resource.


PENTAIP’s Proprietary Rights

You acknowledge and agree that the Service and any necessary software/system used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by PENTAIP or advertisers, you agree not to modify, adapt, rent, lease, loan, sell, distribute or create derivative works based on the service, the software or the Content, in whole or in part.

PENTAIP grants to you a personal, non-transferable and non-exclusive right and license to use the object code of its software/system on a single device; provided that you do not (and do not allow any third party to) copy, modify, adapt, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software/system. You agree not to modify the software/system in any manner or form, or to use modified versions of the software/system, including (without limitation) for the purpose of obtaining unauthorized access to the service. You agree not to access the service by any means other than through the interface that is provided by PENTAIP for use in accessing the service.


Disclaimer of Warranties

You expressly understand and agree that:

  • Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. PENTAIP expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement (other than any warranty the exclusion of which is not lawful).
  • PENTAIP makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software/system will be corrected.
  • Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  • No advice or information, whether oral or written, obtained by you from PENTAIP or through or from the service shall create any warranty not expressly stated in the ToS (save for any fraudulent misrepresentation by PENTAIP).

PENTAIP’s Proprietary Rights

You acknowledge and agree that the Service and any necessary software/system used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by PENTAIP or advertisers, you agree not to modify, adapt, rent, lease, loan, sell, distribute or create derivative works based on the service, the software or the Content, in whole or in part.

PENTAIP grants to you a personal, non-transferable and non-exclusive right and license to use the object code of its software/system on a single device; provided that you do not (and do not allow any third party to) copy, modify, adapt, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software/system. You agree not to modify the software/system in any manner or form, or to use modified versions of the software/system, including (without limitation) for the purpose of obtaining unauthorized access to the service. You agree not to access the service by any means other than through the interface that is provided by PENTAIP for use in accessing the service.


Disclaimers and Exclusions

You acknowledge that the disclaimers and exclusions of liability represents a fair and reasonable allocation of the risks and benefits of the agreement between PENTAIP and you, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to PENTAIP and the availability and costs of insurance with respect to the said risks. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.


Notice

Notices to you may be made via your PENTAIP ID. PENTAIP may also provide notices of changes to the ToS or other matters by displaying notices or links to notices, to you via your PENTAIP ID. You agree that such notices will constitute sufficient and adequate notice to you of the matters contained therein. All notices, requests and/or other communications from you to PENTAIP under these ToS shall be communicated to our PENTAIP Customer Care Support.


Intellectual Property Rights

PENTAIP respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright, trademark or other intellectual property infringement, please provide PENTAIP Customer Care Support, the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
  • a description of the intellectual property right that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Website;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property right owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property right owner or authorized to act on the intellectual property right owner's behalf.

General Information

The ToS constitute the entire agreement between you and PENTAIP and govern your use of the service, superseding any prior understandings and agreements between you and PENTAIP and any previous statements or representations from either party to the other party. You also may be subjected to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The ToS and the relationship between you and PENTAIP shall be governed by the laws of Malaysia without regard to its conflict of law provisions. You and PENTAIP agree to submit to the non-exclusive jurisdiction of the courts of Malaysia. The failure of PENTAIP to exercise or enforce any right or provision of the ToS shall not constitute a waiver of such right or provision. If any provision of the ToS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and to construe such provision to the maximum extent permitted by law so as to render that provision valid and enforceable and that the other provisions of the ToS shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the ToS must be filed within one (1) year after such claim or cause of action arose or be forever barred.


The section titles in the ToS are for convenience only and have no legal or contractual effect