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TERMS OF USE


Please read these Terms of Use carefully before you start to access or use the site.

Welcome to easicircle. The following terms and conditions are the terms on which you may (i) access to our website www.easicircle.com in Malaysia (“the Site”), whether as a visitor or as an account holder; and /or (ii) purchase a easicircle Offering (as defined below) from the authorised Merchants (as defined below)(“Terms of Use”). Please read these Terms of Use carefully before you start to access or use the Site. By using and continuing to access or use the Site you are deemed to have read and agreed to these Terms of Use and that you agree to abide by them. Like all legitimate businesses we value your trust and loyalty and need a consistent set of rules to fairly, consistently and respectfully ensure that the Site is only used properly. If you have any questions about these Terms of Use contact us here.

These Terms of Use were last updated on 25th March, 2016.


These Terms of Use are organized as follows:

  1. Permitted Uses/Account Creation
  2. Availability of the Site
  3. Events Outside Our Control
  4. Ownership of the Site
  5. Transmission of Information
  6. Your Conduct on the Site
  7. Terms of Sale
  8. Making Claims
  9. easipoints
  10. Referrals
  11. Data Security and Privacy
  12. Links to Third Party Sites
  13. Modification of these Terms of Use
  14. Intellectual Property
  15. Claims of Copyright Infringement
  16. Disclaimer
  17. Indemnification/Release
  18. Reservation of Rights and Release
  19. Termination
  20. Choice of Law
  21. Additional


ACCEPTANCE OF TERMS OF USE

The Site (including the mobile and touch versions and derivative or white-label sites we have now or in the future) is operated by easicircle (S) Pte Ltd a company incorporated in Republic of Singapore with a business address at 2 Bukit Merah Central, #21-01, Singapore 159835 (referred to in these Terms of Use as “easicircle" or “we”, “us” or “our” or the “Company”). By accessing or using the Site and purchasing easicircle Offering through the Site, you (the term “you” in these Terms of Use refers to the person accessing or using the Site or purchasing easicircle Offering (as defined below), whether as visitors or account holders) agree to the terms and conditions set out in these Terms of Use, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any microsites, as any of the same may exist from time to time. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET OUT IN THESE TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ACCESSING THE SITE AND DO NOT USE ANY SERVICES OFFERED THROUGH THE SITE.


1. Permitted Uses/Account Creation
the Site, easicircle provides an online platform through which you can browse different types of basic insurance and savings products and related services (known as “easicircle Offering (s)” or “ Offering(s)”) offered by our selected insurance companies or financial institutions (individually and collectively known as the “ Merchant” or “ Merchants” ). The easicircle Offerings may be purchased by easicircle account holders from the authorised Merchants or other parties identified in the terms of the offer and subject to the Terms of Sale set forth below. As a condition of your use of the Site, you agree that:


Terms of Sale
  • You are an individual person at least 18 years of age;
  • You possess the authority to create a binding legal obligation;
  • Your use of the Site will at all times comply with the terms and conditions set out in these Terms of Use;
  • You will need to create an account with easicircle in order to obtain access to certain easicircle services including to purchase easicircle Offerings. If you elect to create an account with us, you agree that:
    • You may create only one account for your personal use and when you register, you will obtain unique log-in credentials(“User ID”);
    • You will automatically become a member of easicircle Sdn Bhd (Companies No. 1008378-A), a Malaysian company having an address at C-8-3, 8th Floor, Corporate Office Tower Block C, KL Trillion, 338, Jalan Tun Razak, 50400 Kuala Lumpur upon the creation of an easicircle account;
    • You are to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes;
    • You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
    • You may only make purchases through the Site for your own use and benefit, or, when offered, as a gift for another;
    • You must safeguard your password and supervise the use of your account, and understand and agree that you are solely responsible for your User ID and the activity that occurs while signed in to or while using easicircle using your User ID;
    • The bank account details you provide to us from time to time are up to date, valid and correct and that you have full authority to use the bank account; and
    • All financial transactions with us will be performed through your declared bank account and that you will bear all banking charges in relation to our performance of these transactions.

Your account is non-transferrable and may not be sold, combined or otherwise shared with any other persons. easicircle relies on User IDs to know whether the account holders accessing or using the Site are authorised to do so. If someone accesses the Site or easicircle services using a User ID that we have issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all use or access to the Site or use of the easicircle services or purchase of easicircle Offerings by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorisation.

If you violate any of the limitations set out in the above, we may terminate your easicircle account with an immediate effect and, without limitation, we may at our sole and absolute discretion forfeit any pending, current or future easipoints (as defined below) accumulated or to be accumulated in your easicircle account. Upon the termination of your easicircle account by us, you are not allowed to create or register a new easicircle account until and unless you are formally invited by us.

If you commit any fraud or falsify any information in connection with your use or access to the Site or in connection with your easicircle account, we may terminate your easicircle account with an immediate effect and, without limitation, we may at our sole and absolute discretion forfeit any pending, current or future easipoints (as defined below) accumulated to be accumulated in your easicircle account and/or to hold you liable for all claims and damages arises there from by pursuing legal action against you and to notify your internet service provider of any fraudulent activity(ies) associated with your use of the Site.


2. Availability of the Site
You acknowledge that easicircle provides the Site “as is”, “with all faults” and “as available”. While we use all reasonable efforts to keep the Site accessible, the Site may be unavailable and/or interrupted from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, your access to the Site may be interrupted, suspended or terminated. easicircle reserves the right to deny the use or access to the Site to anyone or any account holder , at any time and for whatsoever reason.


3. Events Outside Our Control
We will not be liable or responsible for the non- performance, or delay in the performance of, any of the terms and conditions set out herein as a result of an Event Outside Our Control. An Event Outside Our Control shall include:-

    (a) an act of war (whether declared or not), hostilities, invasion, act of foreign enemies, rebellion, revolution, insurrection, military or usurped power, civil war, terrorism;

    (b) ionising, radiation or contamination by radioactivity from any nuclear waste, from the combustion of nuclear fuel, radioactive toxic explosive, or other hazardous properties of any explosive, nuclear assembly or nuclear component thereof;

    (c) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds;

    (d) natural catastrophe including but not limited to earthquakes, typhoons, floods or other exceptionally inclement weather;

    (e) riot and disorders, criminal damage, sabotage, strike, lockout, labour unrest or other industrial disturbances (effecting the performance of these Terms of Use ) which are not due to the fault of easicircle, which causes, or can reasonably expected to cause easicircle to fail to comply with its obligation; and

    (f) other unforeseeable circumstances beyond our control against which it would have been unreasonable for us to take precautions and which cannot be avoided even by using our best efforts.

If an Event Outside Our Control takes place and it affects the performance of any of the terms and conditions set out herein:-

  1. we will contact you as soon as reasonably possible to notify you of the same; and
  2. our obligations set out in these Terms of Use will be suspended until the Event Outside Our Control is resolved or removed.
4. Ownership of the Site
The content and information of the Site as well as the infrastructure used to provide both, is proprietary to us and/or our authorised Merchants. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from or through the Site.


5. Transmission of Information
We do not have the control over the security of internet or other networks you may use to access the Site or communicate with us, we will not be responsible for the security of the information and/or any lost of data when it is being transmitted from you to the Site.


6. Your Conduct on the Site
The Site is a private property. All interactions and/or communications on this Site must be lawful and must comply with the terms and conditions set out herein. To the extent your conduct (which shall be judged by us in our sole and absolute discretion) restricts or inhibits any other user(s) from using or accessing or enjoying any part of the Site, we may at our sole and absolute discretion limit your use or access to the Site and/or seek other remedies. Examples of ACTIVITIES that are prohibited are as follows:

  • Submitting inaccurate information, committing fraud or falsifying information in connection with your use of the Site or in connection with your easicircle account;
  • Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
  • Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
  • Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by easicircle;
  • Attempting to interfere with service to any user in any manner, including, without limitation, by means of uploading or transmitting any form of virus , worm, Trojan horse, or other malicious code to the Site, or attempting to “ overloading ” , “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
  • Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with easicircle and/or the Company;
  • Reselling or repurposing your access to the Site or any purchases made through the Site;
  • Using the Site or any of its resources to solicit Site End Users, Merchants or other business partners of easicircle and/or the Company to become users or partners of other online or offline services;
  • Using the Site to collect any personal data, including but not limited to names and/or email addresses;
  • Exceeding or attempting to exceed quantity limits when purchasing easicircle Offerings, or for speculative, false, fraudulent or any other purpose not expressly permitted by the terms and conditions herein and the terms of a specific offer on the Site;
  • Accessing, monitoring or copying any content or information from the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site;
  • Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure(as determined in our sole discretion);
  • Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without our express written permission.
  • Deep-linking to any portion of the Site without our express written permission;
  • Acting illegally or maliciously against the business interests or reputation of easicircle and/or the Company, our Merchants or our services; or
  • Hyperlinking to the Site from any other website without our initial and ongoing consent.


7. Terms of Sale
Through the Site, easicircle provides an online platform through which you can browse easicircle Offerings offered by the authorised Merchants. By making a purchase of an easicircle Offering through the Site, you make an offer to apply for an insurance or savings product or service from the authorised Merchants at the price listed therein subject to the terms and conditions set out in the Offerings’ descriptions on the Site(“Offerings’ Terms”). In the event of inconsistency between the terms and conditions set out herein and the Offerings’ Terms , the provisions of the Offerings’ Terms shall prevail to the extent of such inconsistency.

By submitting an application for an easicircle Offering, you make an offer to purchase the Offering(s) you have selected on the terms, restrictions and conditions associated with the Offering(s). Once you have submitted your application, we will process the same and you will receive an email from the Merchants(“Confirmation”) as soon as your application is accepted by the Merchant(s). A binding contract will form between you and the Merchant(s) once payment is made by you in accordance with the terms set out in the said Confirmation.

The information about the easicircle Offerings and our authorised Merchants displayed on the Site is based on the information provided to us by the authorised Merchants, including but not limited to the insurance companies, banks, finance houses, other financial institutions and their representatives, distributors, channel managers, partners and etc. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete, correct or up to date, nor can we be held responsible for any errors (including manifest and typographical errors), interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Site or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Merchant remains solely responsible at all times for the accuracy, completeness and correctness of their Offerings’ information displayed on the Site. Changes in market conditions or circumstances may occur on short notice which may make information displayed on the Site inaccurate or not up-to-date and these may result in the withdrawal of any of the Offerings at any time, at the sole discretion and absolute of the Merchants.

The Site is not set up to assist you in analysing your financial or insurance needs and hence it does not constitute and should not be regarded as a recommendation or endorsement of the suitability or quality of any Offerings listed on the Site. We hereby expressly disclaim any representation, warranty or undertaking in relation to the suitability, quality or adequacy of any Offerings listed on the Site. If you have any doubt about the suitability, quality or adequacy of the Offerings displayed on the Site, you should seek the advice of an independent financial adviser.

You warrant that you will faithfully and accurately provide all the required information about yourself. Such information includes but not limited to your date of birth, sex, health and medical condition, ownership of related insurance policies and other information that may affect the pricing and underwriting acceptance of your application. In case an application is rejected or cancelled, easicircle and the Merchant(s) is not obligated to disclose any reason of such rejection or cancellation to you and if a payment has already been made by you, you will receive a refund of the same, less any bank charges.


8. Making Claims
If you encounter a claim event, first check your policy to ensure that your situation is covered under your policy. Then log into your easicircle account and go to MY PURCHASES and click on the name of the POLICY concerned from which you can click the “Make a Claim Button”. Your nominee/beneficiary or trustee may also make a claim by visiting our site and clicking on the "CLAIM" button. You will be guided to download the relevant form(s) from the Site in which you are to fill up and send to the relevant authorized Merchant(s) accompanied by any of the following documents:-

(a) Original/certified true copy of the death certificate

(b) Original/certified true copy of the identity card of the deceased

(c) Death claim form to be completed by the policy owner

(d) Doctor's Statement (whenever requested by easicircle and/or the underwriter)

(e) Post-Mortem Report (whenever requested by easicircle and/or the underwriter)

(f) Police Report (if death is due to accident) and/or;

(g) Any other documentation requested by easicircle and/or the underwriter in addition to, or in lieu of, the above documents for the substantiation of claims.

You are advised to make the claim as soon as possible. Please notify us upon your submission of the claim form so that we can assist you to monitor the status of your claim.


9. easipoints
“easipoints” are a form of the Site currency redeemable only toward purchases on the Site or for cash redemption according to the stipulated conditions as applicable from time to time. easicircle reserves the right at any time to modify or discontinue easipoints program(or any part thereof), either temporarily or permanently with or without notice. To accumulate and redeem easipoints, you must create, and maintain in good standing, an easicircle account registered with a valid bank account number. easipoints do not expire but all outstanding points will be invalidated upon the cancellation, suspension or termination of the easicircle account either by the account holder or easicircle. Unless specifically and expressly permitted by easicircle, easipoints are non-transferrable.

You can earn easipoints by participating in various activities and responding to certain offers (“Qualifying Activity(ies)”). In order to earn easicircle Points indicated in the Qualifying Activities materials, you must comply with the terms of the applicable Qualifying Activities. easicircle may credit easicircle Points into your easicircle account for the returns or refunded purchases or other reasons within our customer service team’s sole and absolute discretion.

Please note that the earned easipoints will only be deposited into your account at the end of the month and you are responsible to ensure that all earned easipoints are added into your easicircle account. easipoints in your account will automatically be the first form of credit to be applied toward any and all future easicircle payments due from you.

Please also note that easicircle reserves the rights to utilise the easipoints accumulated in your account to offset the outstanding premium due and owing from you to the Merchant(s) ("Outstanding Premium") PROVIDED THAT the easipoints accumulated in your account is sufficient to make good of the said Outstanding Premium. For the avoidance of doubt, the premium shall immediately become due and payable from you to the Merchant if it is not paid within the time period stipulated in the Policy. Your easipoints cannot be resold. Your easipoints cannot be combined or merged with easipoints in any other account registered by you or another account holder. easicircle reserves the right to cancel, revoke, or otherwise prevent the issuance of easipoints in cases of mistake and in any suspected cases of unauthorized or fraudulent use.


10. Referrals
Our Referral program is the main Qualifying Activity by which you may earn easipoints if your referral makes a purchase of an easicircle Offering through the Site. You may also earn easipoints for your referral’s referrals, up to a limit of certain rounds of connections (termed Circle #1, Circle #2, Circle #3 and so forth), according to the conditions stipulated in our easipoints microsite from time to time. The limit for the number of circles may varies from country to country. You must maintain your easicircle account in good standing to be eligible to earn easipoints through the Referral Program.

To participate, refer friends who are not easicircle account holders and who have never purchased an easicircle Offering through the Site (“New Users”) by sending them an invitation to join easicircle using the invitation feature available on the Site. You will earn easipoints if the New Users register themselves through the Site accepting you as their introducer, and whenever he/she makes purchase of a qualifying easicircle Offering.

easicircle and/or the Company reserves the right at any time to modify or discontinue the Referral Program (or any part thereof) either temporarily or permanently with or without notice. easicircle and/or the Company shall not be liable to you in the event of any modification, suspension or discontinuance of the Referral Program.


11. Data Security and Privacy
You understand that certain information that you submit to us is submitted precisely for the purpose of disclosure in a variety of ways by easicircle and/or the Company, and therefore such information is not subject to any confidentiality obligation. Other information, such as bank account and credit card information provided in connection with the purchase of the easicircle Offerings, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of an easicircle Offering, may be disclosed by us to the Merchants for purposes including to provide the easicircle Offering to you.

easicircle and/or the Company is committed to protect the security of your Personal Information, which is information about you that is personally identifiable such as your name, e-mail address, User ID number, delivery and billing addresses and other non-public information that is associated with the foregoing. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorised access, use, or disclosure. Even though we have taken significant steps to protect your Personal Information, no company, including us, can fully eliminate security risks associated with Personal Information.

In general, we collect Personal Information that you submit to us voluntarily through the Site. We also collect information that you submit in the process of creating or editing your account and account holders’ profile on the Site, for example, our registration and login process requires you to provide us with your name, valid email address and password of your choice. When you personalise your profile and use the features of your easicircle account, we will collect any information you voluntarily provide to easicircle.

Except as otherwise stated herein, we do not sell, trade, rent, or otherwise share for marketing purposes the Personal Information that we collect with third parties, unless you ask or authorise us to do so.

We do disclose your Personal Information to the employees of the Company on a need to know basis and in addition, we may disclose your Personal Information if we believe in good faith that such disclosure is necessary to:-

(a) comply with relevant laws or to respond to subpoenas or warrants served on us; or

(b) to protect and defend our rights or property, you or third parties.

You hereby consent to us sharing your Personal Information under the circumstances described herein.

As you use or access to the Site, certain information may also be passively collected and stored on the Site or our service providers’ server logs, including your internet protocol address, browser type, and operating system. We also use Cookies and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you have browsed. This type of information is collected to make easicircle more useful to you and to tailor the experience with easicircle to meet your special interests and needs.

Log Files - An “Internet Protocol Address” or “IP Address” is a number that is automatically assigned to your computer when you use the internet. We may track your IP Address when you access the Site to assist us with the analysing of trends, administering the Site, tracking account holders' visits, and gathering broad demographic information for aggregate use. IP Address is not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral link. This information is not shared with third parties and is used only within this Company on a need-to-know basis.

Cookies - “Cookies” are small pieces of information that a website sends to your computer's hard drive while you are viewing a website. Like most interactive websites easicircle may use Cookies to provide you with a more personal and interactive experience with easicircle.

We may also enable Merchants to promote their products and/or services by placing an advertisement on the Site. These advertisements and ad servers may use Cookies and/or “Web Beacons” in order to monitor information related to served advertisements. Clicking on such advertisements will direct you to the website of a third-party and the advertiser. The private policy set out herein does not cover the privacy practices of any advertisers or ad servers.

In addition, the Site may contain links to other websites. Please note that we are not responsible for the privacy practices or the contents of such other websites. We encourage our account holders to read the privacy statement of each and every website they visit. The private policy set out herein applies solely to information collected by us through the Site and does not apply to third party websites. The ability to access information of third parties from the Site, or links to other websites or locations, is for your convenience and does not signify our endorsement of such third parties, their products, their services, other websites, locations or their content.


12. Links to Third Party Sites
The Site may contain links to third party websites that are not owned, operated, or controlled by easicircle. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party websites. By using the Site you expressly relieve us from any and all liability arising from your use of any third party websites.

Your records maintained with us are regarded as confidential and therefore will not be divulged to any third party, other than the Merchants and if legally required to do so to the appropriate authorities. You have the right to request copies of your own records on the proviso that we are given reasonable notice of such a request. We strive to be paper free and will keep all communications and records in electronic form. If you insist on hard copies of the records, you may print it out on your own or reimburse us the cost of providing hard copies.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with your account and the offer and provision of our services and products.


13. Modification of the Terms of Use
The Company reserves the rights to change the terms and conditions set out herein from time to time on a going-forward basis, with or without notice, as it sees fit. Your use of the Site after any modifications to the terms and conditions set out herein indicates that you agree to such modified terms and conditions.

For existing account holders, if we make changes that materially affect your use of the Site or our services we will notify you by sending you an e-mail to the e-mail address that is registered with your easicircle account and/or by posting notice of the change on the Site. Any changes to these terms and conditions will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site.

It is your sole responsibility to check the Site from time to time to view such changes in the terms and conditions.

We also reserve the right to change or discontinue any aspects or features of our services or the Site including, but not limited to, requirements for access or use.


14. Intellectual Property
You acknowledge and agree that easicircle and/or the Company retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks and other proprietary rights. We are not granting any licence to you under any of those intellectual property rights by virtue of these terms and conditions, except for the limited right to use the Site in accordance with these terms and conditions. You are therefore not allowed to modify, publish, transmit, participate in the transfer or sale of, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in the terms and conditions set out herein.

Unless stated otherwise, the content on the Site, is owned by easicircle, the Company, its affiliated or associated companies, licensors, suppliers or providers. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein. easicircle and/or the Company do not assume any liability for copyrighted materials provided by third parties or any intellectual property right infringements by such third parties.

You may use information from the Site strictly for your own personal use only. You acknowledge that you do not acquire any ownership rights by downloading copyright material.

easicircle may provide links to other sites which are operated by third parties. By clicking on such a link, you acknowledge leaving the Site and proceeding at your own responsibility.


15. Claims of Copyright Infringement
If you are a copyright owner or an owner's agent and find the content of the Site infringes your copyrights, you (“the Complainant”) may notify us with the following information in writing:-

(a) the name and address of the Complainant;

(b) where the Complainant is not the copyright owner or exclusive licensee, the name and address of the copyright owner or exclusive licensee;

(c) where the Complainant does not reside in Malaysia, the Complainant's address for service in Malaysia;

(d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, facsimile number (if any) and an e-mail address;

(e) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(f) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

(g) a statement that the Complainant have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;

(h) a statement that the information in the notification is true and accurate to the best of your knowledge and belief; and

(i) a statement that the Complainant is (i) the owner or exclusive licensee of the copyright in the work identified in paragraph(e) above, or(ii) is authorized to act on behalf of such owner or exclusive licensee.

The notification must be signed by the Complainant and sent to us by any of the following methods: email to copyright@easicircle.com or by registered mail to the address mentioned under “Contact Us”, c/o Legal Department – Copyright Claims.

We will review and address all notifications that comply with the requirements above.

We suggest that you should consult your legal advisor before filing the said notification. Also, be aware that you may be guilty of an offence or liable for damages if you make a false claim of copyright infringement.


16. Disclaimer
The information on the Site is provided on an "as is" , “with all faults” and “as available” basis. To the fullest extent permitted by law, we, other members of our group of companies, our employees, agents, suppliers, merchants and third parties connected to us:

  • disclaim any implied contractual promises that the Site and service/products are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing;
  • do not promise or guarantee that the Site will meet your requirements, is error-free, be without interruption or available at all times;
  • disclaim any promises as to privacy and security other than expressly stated in our private policy;
  • disclaim any promises or guarantees that you will be able to access or use the Site at times or locations of your choosing;
  • exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
  • excludes all representations and warranties relating to the Site and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in the Site; and
  • excludes all liability for damages or injury arising out of or in connection with the use of the Site or the non-use including non-availability, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business, under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site, site-related services, or any products or services and claims of third parties damages or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting, in whole or in part, from or relating to any of the services offered or displayed on the Site (whether or not the loss of such profits was foreseeable, arose in the normal course of things or that easicircle and/or the Company has been advised of the possibility of such potential loss).


17. Indemnification/Release.
You agree to defend, indemnify and hold harmless easicircle, the Company, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all actions, proceedings, demands, losses, costs, charges claims and expenses, including attorneys’ fees, in the event any actions, proceedings, claims, demands is/are as a result of your use of the Site in violation of the terms and conditions set out herein and/or any act or omission on your part.

You are solely responsible for your interactions with the Merchants and other users of the Site. To the fullest extent permitted under applicable laws, you hereby release easicircle, the Company, its subsidiaries, affiliates and their respective directors, officers, employees and agents from any and all claims or liability related to any product or service of the Merchants, any action or inaction by the Merchants, including the Merchants’ failure to comply with applicable law and/or failure to abide by the terms set out by easicircle and/or the Company.

This compensation obligation will survive the termination or expiry of the terms and conditions set out herein and /or your use of the Site.


18. Reservation of Rights and Release
easicircle and/or the Company reserves the rights but has no obligation, to monitor, to take any action easicircle and/or the Company deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the fullest extent the law permits, you waive and release us from any and all claims or liability related to any content posted on the Site and from any and all claims related to the conduct of any other customers of ours or any Merchants.


19. Termination
easicircle and/or the Company reserves the rights and its sole and absolute discretion, to modify, suspend, discontinue or terminate the Site and/or any portion thereof, including any service and/ or product available through the Site, and/or your use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under the terms and conditions set out herein, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, easicircle and/or the Company shall not be liable to you or any third-party for any termination of your use and/or access to the Site. easicircle and/or the Company reserves the rights to amend or repeal the terms and conditions set out herein (or parts thereof) as it deems appropriate.


20. Choice of Law
These terms and conditions and the provision of our services shall be governed by and construed in accordance with the laws of Malaysia and parties hereby submit to the non-exclusive jurisdiction of the Courts of Malaysia.


21. Additional
For your convenience, the Site and the terms and conditions set out herein are provided in a number of languages and local versions (identified by different top level domain names in some cases), but have originally been drawn up in the English language. In case of conflict between the English language version and a translated version, the English language version of the terms and conditions shall prevail.

The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of these Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained herein, and the remaining portions of these terms and conditions shall continue in full force and effect.

Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights. We may amend these terms and conditions at any time by posting a variation on the Site. The latest version of the terms and conditions will supersede all previous versions.

The provisions of these terms and conditions apply equally to and are for the benefit of easicircle, the Company, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.