· Eazy Agents is a mobile telephone friendly and online concierge service that provides support to businesses and consumers (“the Client”) that require assistance with fulfilling some of their day to day needs or requirements. Depending on the support and assistance required, Eazy Agents may also act as an intermediary between the Client and a third party vendor to provide any such goods or services (“Third Party Provider”) as may be required by the Client (collectively referred to as the “Service”).
Eazy Agents is Only a Concierge Provider
· For the avoidance of doubt, Eazy Agents is not acting as an agent of sale or an agent of any merchant or provider of products or services. Eazy Agents does not have any responsibility for, or liability related to any products or services delivered or procured as a result of the Client’s use of the Service.
· Any complaints, questions or claims against any of the products or services delivered or procured as a result of the Client’s use of the Service should be directed to the relevant seller or service provider.
· In so far permitted by law, if you have a dispute with any of the seller or service provider of any goods or services delivered or procured by Eazy Agents as a result of the Service, you release Eazy Agents, its subsidiaries, affiliates, officers and employees and partners from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
Your Agreement and Acceptance
· Each time you use the Service or send us a Short Messaging Service (“SMS”), you agree to be bound by the terms and conditions (“Terms”) set out herein.
· If you do not agree with any of the Terms, you shall not use the Service and send us any SMS.
· By agreeing to these Terms, you represent that you are at least the age of majority in Malaysia or your country of residence and that you are able to form legally binding contracts. In the event any of your minor dependents engages the Service, you agree that you shall assume full responsibility for the use of the Service by the minor.
· Your use of the Service is subject to all applicable local, state, national and international laws and regulations.
· You must not:
use the Service for any illegal purpose or for the transmission of any material that is unlawful including but not limited to the sale of pornography, firearms and ammunition, living creatures and parts of endangered species, stocks and other securities, drugs and drug paraphernalia, human body parts and remains;
conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or interfere or attempt to interfere with the proper working of the Service
· Please see Eazy Agents’s Privacy
Notice and Statement. By accepting of these Terms, and each time you use the Service, you consent to Eazy Agents’s collection, use and disclosure of your information in accordance with the
Privacy Notice and Statement without any further notice or any liability to you or any other person.
Provision of Service by Eazy Agents
· The Service provided by Eazy Agents is on an “as is” and “as available” basis. Any engagement or use of the Service provided by Eazy Agents shall be at your own risk.
· More importantly, Eazy Agents does not provide or facilitate in any way, any goods or services that may violate any laws or regulations in your jurisdiction.
· Eazy Agents does not charge you any extra fee for sending your inquiries to Eazy Agents through SMS. However, the usual telecommunication rates charged by your service provider may apply when sending the SMS to our number.
· Any provision of the Service by Eazy Agents is subject to your prior agreement and acceptance of the cost involved, the Terms set out herein and your full payment of the said agreed cost.
· Eazy Agents does not condone any form of verbal, physical, written, or abuse (including any threats of abuse or retribution) made to any of Eazy Agents’s customer, employee, member, contractor, service provider or officer. Eazy Agents reserves the right to refuse provision of any Service to you in the event of any such abuse or threats of abuse.
· On your acceptance of these Terms and Eazy Agents commences the supply of the Service, you may not cancel following such Service commencement unless Eazy Agents agrees to the cancellation based on such terms to be discussed and agreed upon between you and Eazy Agents.
· In the event the supply of the Service involves the delivery or procurement of goods or service where cost has been incurred by Eazy Agents as a result, any cancellation requested by you and agreed by Eazy Agents in respect of such goods or services shall involve a ‘cancellation fee’ equivalent to the sum of the cost of the goods or the sum which has already been incurred by Eazy Agents.
· Eazy Agents reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. For instance, the Service may temporarily be disabled for occasional maintenance.
· Eazy Agents shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any goods or services procured through the Service.
Eazy Agents’s Representation
· Eazy Agents shall use its best endeavour in ensuring that the Service delivered to you meets your expectations and requirements. In the event a third party service provider is engaged to provide the Service required (“Third Party Providers”), Eazy Agents shall also use its best endeavour to engage only qualified and competed service providers.
Disclaimer of Warranties
· To the fullest extent permitted by law, Eazy Agents and any of the Third Party Providers:
a) expressly disclaim all representations and warranties, terms and conditions of any kind, whether express or implied (whether by statue or otherwise), including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
b) make no warranty, representation, term or other condition:
- that the Service will meet your requirements or that the Service will be uninterrupted, timely, secure, or error free; or
- as to the results that may be obtained from the use of the Service;
- as to the accuracy or reliability of any information obtained through the Service;
- that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and
- any errors in the Service will be corrected
Limitation of Liability
· To the fullest extent permitted by law, Eazy Agents and any of the Third Party Providers shall not be liable:
a) for any indirect, incidental, special or consequential damages or for cost of procurement of substitute goods and services resulting from:
- the use or the inability to use the Service;
- any goods or services purchased or obtained or messages received or transactions entered into through the Service; or
- unauthorised access to or alteration of your transmissions or data
including but not but not limited to, damages for:
- loss of profits (whether direct or indirect); and
- loss of use, data or other intangible, even if Eazy Agents or any of the Third Party Providers have been advised
of the possibility of such damages.
b) to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses and costs, whether in contract, tort or under other fault of wrongdoing by Eazy Agents or any the Third Party Providers or any person for whom either Eazy Agents or the Third Party Providers are responsible, in an amount exceeding the amount you paid to Eazy Agents for the use of the Service which is the subject of the claim.
· Nothing in these Terms shall exclude Eazy Agents’s liability for:
- death or personal injury caused by our negligence; or
- fraud or fraudulent misrepresentation
· You agree to indemnify and hold Eazy Agents, any of its subsidiaries, affiliates, officers and employees, and partners harmless from any claim or demand, including reasonable professional legal advisers' fees, made by any third party due to or arising out of your use of the Service, the breach of any of the Terms herein by you, or your violation of any law or the rights of a third-party.
Breach of the Terms
· If you breach any provision of the Terms set out herein, you may no longer use the Service. Eazy Agents may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person.
· If Eazy Agents terminates the Service for any reason, these Terms continues to apply and bind you with respect of your prior use of the Service, including payment of any charges accrued in connection with use of the Service.
· These Terms comprises the entire agreement between you and Eazy Agents Sdn Bhd a company registered in Malaysia having its place of business at [address].
· Eazy Agents may amend the terms and conditions set out in these Terms (the "Amended Terms") from time to time. If you continue to use the Service after the Amended Terms become effective, you are deemed to have agreed to be bound by the Amended Terms. If you do not agree to the Amended Terms, then you agree not to use the Service. Your continued use of the Service constitutes an affirmative:
- acknowledgment by you of these Terms and its Amended Terms; and
- agreement by you to abide and be bound by the Terms and its Amended Terms.
· These Terms shall be governed by and construed in accordance with the laws of Malaysia and shall be governed by the exclusive jurisdiction of the Malaysian courts.
· If any provision(s) of the Terms is held contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
· Eazy Agents’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Eazy Agents in writing.
· The section titles in the Terms are used solely for the convenience of the parties and have no legal or contractual significance.
· A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.