Important - please read these terms carefully. By using the Service (as defined below), you hereby agree that you have read, understood, accepted and agreed with the Terms of Use (as defined below). You hereby declare that you have read and understood the Representations and Warranties (as set out below) and have agreed to the same. Should you disagree with or do not wish to be bound by the Terms of Use of the Service, please discontinue using the Application (as defined below) or the Service and uninstall the said Application accordingly. Please do not use this Service/App if you do not agree to the Terms and Conditions.

The Terms of Use provided herein (collectively, the “Terms of Use”) constitute a legal and binding contract between you and Ahaloz Sdn Bhd (the “Company”). In order to use the Service, you must agree to the Terms of Use as set out below. By using the mobile application supplied to you by the Company (the “Application”), and downloading, installing or using any associated software supplied by the Company (the “Software”) for purpose to enable consumers enjoying the usage of TrackGo App provided by the Company. You hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time by the Company through the Application.

For the purpose of the Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a user of the Application by providing registration details while registering as a user on the Application. The term “We”, “Us”, “Our” shall mean the Company.

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and/or changes to the Terms of Use or its policies relating to the Service shall be effective immediately upon the publication of an updated version of the Terms of Use. You agree and understand that it shall be your sole responsibility to review the Terms of Use regularly and the Terms of Use are applicable regardless of the jurisdiction that you are situated at during the usage of the Service which may differ from the country where you have registered for the Application (the “Alternate Country”) whereupon the continued use of the Service after any such changes have come into force and effective, whether or not they have been reviewed by you, you are deemed to have given your consent and acceptance to such changes. You further agree that the usage of the Service in the Alternate Country shall be subject to the Terms of Use of TrackGo origin country law.

The Company is a company carrying on the technology related business and providing the Application for the User(s) for the convenient of recording their groceries items and sharing within family members, friends and peers.

The Company will not and does not have the obligation to assess the suitability, legality or compliance with the relevant laws and regulation of the users. The Company shall not be responsible or liable in any way whatsoever and howsoever for the usage of TrackGo App by users.

Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled and qualified to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true, accurate and not misleading. Your usage of the Service is for your own sole and personal use. You undertake not to authorize any other person to use your identity or user status, and you shall not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in your home jurisdiction or otherwise in the country, state and city in which you are present while using the Service.

You may only access the Service using authorized means. It is your sole responsibility to check and ensure that you have downloaded the correct Software for your device and the compatibility of your device with the Software. The Company shall not be liable in the event you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.

By using the Software or the Application, you hereby agree that:

1. You shall only use the Service for lawful purposes;
2. You shall only use the Service for the purpose for which it is intended to be used;
3. You shall at all material time comply with this TrackGo Terms and Conditions.
4. You shall not use the Service, the Application and/or the Software for sending or storing any unlawful material or for fraudulent purposes;
5. You shall not use the Service, the Application and/or the Software to cause nuisance, annoyance, inconvenience, vandalising or over purchase with intention;
6. You shall not use the Application and/or the Software for purposes other than obtaining the Service;
7. You shall not use the Service, or any content accessible through the Service, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant or other Application User(s) save for the prior written consent of the Company;
8. You shall not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Service except for your own personal and non-commercial use;
9. You shall not copy any content displayed through the Service and/or the Application for republication in any format or media;
10. You shall not try or to do any act that is capable, potentially capable or harmful to the Service, the Application and/or the Software in any way whatsoever;
11. You shall not copy, or distribute the Software or other contents therein without the prior written consent from the Company;
12. You shall only use the Software and/or the Application for your own use and shall not resell or transfer or dispose of either the Software or Service to a third party. For the avoidance of doubt, you further understand and hereby declare that you do not own any right (in law or personal) in the Software or Service;
13. You shall keep secure and confidential your account password or any identification provided by the Company to you which grants the access to the Service;
14. You shall provide the Company with proof of identity as it may reasonably request or require of you;
15. You agree to provide accurate, current, not misleading and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current, not misleading and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current, not misleading and complete. You acknowledge that if your information is untrue, inaccurate, not current, is misleading or incomplete in any respect, the Company has the right but not the obligation to suspend and/or terminate this Agreement and your use of the Service at any time with or without further notice;
16. You shall only use an access point or data account which you are authorized to use;
17. You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing customers;
18. You are aware that when You are using the Service, standard telecommunication charges will apply;
19. You shall not cause nuisance or behave in an inappropriate, malicious, harmful or disrespectful manner towards the Company regardless of any misgivings that you may have against the Company;
20. You shall not impair or circumvent the proper operations of the network which the Service operates on;
21. You agree that the Service is provided by the Company to the best of its ability and on a reasonable effort basis;
22. You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time; and
23. You agree to assume full responsibility and liability for all loss or damage suffered by yourself as a result of any breach of the Terms of Use;

License Grant & Restrictions

The Company, where applicable, hereby grants you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal and non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way whatsoever; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software; (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software; (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.

You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity or (vii) engage in any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

Intellectual Property Ownership

The Company, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors. The Company’s name, the Company’s logo, the Service, the Software and/or the Application and the Merchants’ and Delivery Service Providers’ names, logos and images and the product names associated with the Software and/or the Application are trademarks or otherwise subject to intellectual property rights of the Company or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.

Content Posted by Other Users

The Company shall not and will not responsible for, and does not endorse, any content in any posting made by other users on the Application. Under no circumstances shall the Company be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any content posted by a third party on the Application. If you become aware of misuse of the Application by any person, please contact the Company by mail at: support@trackgo.com.my or other means of communication as may be provided by the Company from time to time.

If you feel threatened or believe someone else is in danger, you should contact the local law enforcement authority immediately.

Confidentiality

You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of the continuance of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose.

The above obligations of confidentiality shall not apply to the extent that you can show to the satisfaction of the Company that the relevant information:

• was at the time of receipt already in your possession;

• is, or becomes in the future, public knowledge through no fault or omission of you;

• was received from a third-party having the right to disclose it; or

• is required to be disclosed by law or competent authority in Malaysia.

Indemnification

By agreeing to the Terms of Use upon using the Service, you hereby agree that you shall defend, indemnify and hold the Company its subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including solicitors’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Software and/or the Application in your dealings with the third party merchants, transportation and/or delivery service providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including any merchant, or third party transportation and/or delivery service providers arranged via the Service, or (d) your use or misuse of the Service, the Software and/or the Application.

Internet Delays

The Service, the Application and/or the Software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range, switched off or not functioning. The Company is not responsible for any delays, failures, damages or losses resulting from such problems.

Assignment

This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written consent of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

General

1. This Agreement shall be governed by the laws of Malaysia, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms and Conditions or the Service shall be subject to the exclusive jurisdiction of the courts of Malaysia to which you hereby agree to submit to.
2. No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service.
3. If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.
4. The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.
5. You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you.