Favor Tech Terms Of Service
Version 1.00
Favor Tech Sdn Bhd (“Favor Tech,” “our,” “we,” or “us”) provides various communication tools,
e-payment platform and other services that we may, from time to time, provide to users around
the world (collectively, “FavorApp” ). Please read our Terms of Service so you understand your
use of FavorApp. You agree to our Terms of Service (“Terms”) by installing, accessing, or using
our apps, services, features, software, or website (collectively, “Services”).
About our services
1. Registration & Account
You must register for our Services using accurate data personal information including but not
limited to your name, correspondence address, email address and current mobile phone
number, and, if there is any changes to the information that you have provided to us, you
shall notify us through our in-app change details feature. You agree to receive text messages
and phone calls (from us or our third-party providers) with codes to register for our Services.
Your successful registration of such account may require you to comply with the terms of any
third party services as may be applicable (if any).
Upon the registration of our Services, an account will be created in favour of you wherein you
shall be solely responsible for maintaining the confidentiality and security of your account
and password and for all activities that occur under your account. You hereby expressly agree
and acknowledge that all activities that occur under your account shall be deemed to have
been duly authorised by you wherein you shall be solely responsible and liable in respect
thereof as if the same were carried out or transmitted by you. You further agree and
acknowledge that you shall be bound by and agree to fully indemnify us against any and all
liabilities, damages, losses, and expenses of any kind (including legal fees and costs) relating
to, arising out of, or in any way in connection with the use of the Services under your account.
2. Contact list
We may periodically access your contact list as contained in your mobile device and the
account that you have set up with us to provide our Services. You confirm that you are
authorised to provide us with such contacts and you hereby expressly acknowledge, agree
and give consent to us that in order to allow us to provide our Services.
3. Age
You must be at least 18 years old to use our Services (or such greater age required in your
country for you to be authorized to use our Services without parental approval).
4. Devices and Software
You must obtain or subscribe to certain devices, software and data connections in order to
use our Services, which we otherwise do not supply. For as long as you use our Services, you
consent to downloading and installing automatic updates to our Services.
5. Agent of a Company, Entity or Organisation
If you are using the Site and/or Services on behalf of a company, entity, or organisation
(collectively, “Organisation”), then you represent and warrant that you:
a. are an authorised representative of that Organisation;
b. have the authority to bind that Organisation to these Terms; and
c. agree to be bound by these Terms on behalf of that Organisation (as well as on your own
behalf).
6. Fees and Taxes
You are responsible for all carrier data plan and other fees and taxes associated with your use
of our Services.
You may, from time to time, make payments to us or third party as part of your use of our
Services or for the purchase of the products or services sold by third party within our Services
using the current payment method prevalent in the market including but not limited to
payment via bank transfer, credit card, debit card and any e-payment channel. We may set
out further terms applying to such payments [including in relation to refunds (if any)], billing
arrangements and any consequences of failing to make timely payments). You must comply
with all such terms in relation to your payments to us or the third party. You agree that you
are solely responsible for all fees and taxes associated with any such payments, and that
pricing and availability of the products and services sold within our Services by the third party
are subject to change at any time. In no circumstances will we be required to provide any
refunds for our Services or in relation to any products or services sold within our Services
(whether used or unused), except as required by law.
We may process payments from you through our Services via a third party service. Where
such third party payment processor is another third party, you agree to comply with that
relevant third party's terms and conditions in relation to the payment processing service and
we shall not be liable for any loss or damage that you may incur or suffer arising out your
breach of the third party’s terms and conditions.
7. E-payment
Favor Tech has obtained the consent and approval to operate the e-payment channel as part
of the Services to you from the authorised licensed holder in managing the e-payment
platform (“Licensed Holder”). You may make payments to us or third party as where
necessary using our built-in e-payment channel wherein the deposit of the funds into your e-
payment account can be made using either (i) a credit or debit card; (ii) a bank transfer; (iii)
transfer via e-payment by another user or (iv) other payment methods as approved by Favor
Tech from time to time. Neither Favor Tech nor the Licensed Holder has any obligation to
reverse or refund any unauthorised charges made using any available payment method.
Favor Tech and/or the Licensed Holder reserves the right to refuse the deposit, withdrawal
and/or of any funds for any reason. Any deposit, withdrawal and/or transfer of funds is made
solely at your own risk wherein Favor Tech and the Licensed Holder shall assume no
responsibility for any loss or damage that you may sustain as a result of using such e-payment
through our Services.
8. Upgrades to FavorApp and our Services
We may, from time to time, upgrade, add in new features and/or remove any functionalities
for FavorApp as well as our Services if is necessary to do the same. By your continuous use of
the FavorApp and/or our Services which shall include the said upgrades, additions and/or
removal of any features and/or functions to the FavorApp and/our Services, you agree to
comply to the Terms as stated herein when you use the same.
Privacy policy and user data
9. Our Privacy Policy at www.favortech.net describes our information (including message)
practices, including the types of information we receive and collect from you and how we use
and share this information. You agree, consent and acknowledge to our data practices,
including the request, collection, use, processing, and sharing of your information as
described in our Privacy Policy, as well as the transfer and processing of your information
within our group of companies and/or affiliates as well as to other countries globally where
we have or use facilities, service providers, or partners, regardless of where you use our
Services. You acknowledge that the laws, regulations, and standards of the country in which
your information is stored or processed may be different from those of your own country.
Acceptable use of our services
10. Our Terms and Policies
You must use our Services according to our Terms and posted policies. If we disable your
account for a violation of our Terms, you will not create another account without our
permission.
11. Legal and Acceptable Use
You must access and use our Services only for legal, authorised, and acceptable purposes.
You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate,
or infringe the rights of Favor Tech, our users, or others, including privacy, publicity,
intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory,
threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or
encourage conduct that would be illegal, or otherwise inappropriate, including promoting
violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading
statements; (d) impersonate someone; (e) promotes, encourages or engages in unsolicited
commercial transactions including but not limited to chain letters, pyramid schemes and
unauthorised investment proposals; (f) involve sending illegal or impermissible
communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f)
involve any non-personal use of our Services unless otherwise authorised by us.
12. Harm to Favor Tech or Our Users
You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works
based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit
our Services in impermissible or unauthorised manners, or in ways that burden, impair, or
harm us, our Services, systems, our users, or others, including that you must not directly or
through automated means: (a) reverse engineer, alter, modify, create derivative works from,
decompile, or extract code from our Services; (b) send, store, or transmit viruses or other
harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorised
access to our Services or systems; (d) interfere with or disrupt the integrity or performance
of our Services; (e) create accounts for our Services through unauthorised or automated
means; (f) collect the information of or about our users in any impermissible or unauthorised
manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services
available over a network where they could be used by multiple devices at the same time.
13. Keeping Your Account Secure
You are responsible for keeping your device and your FavorApp account safe and secure, and
you must notify us promptly of any unauthorised use or security breach of your account or
our Services. We shall not be liable for any loss or damage that you may incur or suffer arising
out of the unauthorised use of your account by any other persons.
14. No Access To Emergency Services
Our Services do not provide access to emergency services or emergency services providers,
including the police, fire departments, or hospitals, or otherwise connect to public safety
answering points. You should ensure you can contact your relevant emergency services
providers through a mobile, fixed line telephone, or other service.
15. Third Party Content and Services
We are not responsible for and we do not endorse, support or guarantee the lawfulness,
accuracy or reliability of any content submitted to, transmitted or displayed by or linked by
Favor Tech, including content provided by users of FavorApp or by our advertisers. You
acknowledge and agree that by using FavorApp, you may be exposed to content which is
inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any
content on or accessible from FavorApp by you is at your own risk. Your use of our Services
does not give you any rights in or to any content you may access or obtain in connection with
your use of FavorApp.
We also do not guarantee the quality, reliability or suitability of any third party content
and/or services provided or products sold, made available, advertised or linked through our
Services and we will bear no responsibility for your use of or relationship with any such third
parties or third party services.
We may review (but make no commitment to review) content or third party services made
available through our Services to determine whether or not they comply with our policies,
applicable laws and regulations or are otherwise objectionable. We may remove or refuse to
make available or link to certain content or third party services if they infringe intellectual
property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the
security or performance of our Services.
There may be, from time to time, third party content and services on FavorApp that are
subject to further terms. You agree to comply with any such further terms and conditions as
notified to you in relation to your use of such third party content and services.
16. Transactions Between Buyers and Sellers
We provide mobile application and electronic web-based platforms for exchanging
information between buyers and sellers of products and services. We also additionally
provide mobile application and electronic web-based transaction platforms for users to place,
accept, conclude, manage and fulfill orders for the provision of products and services online
within our Services.
Notwithstanding that, Favor Tech strictly does not represent either the seller or the buyer in
specific transactions and we do not control and are not liable to or responsible for the quality,
safety, lawfulness or availability of the products or services offered for sale on our Services
or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
You agree and acknowledge that you fully assume all the risks of conducting any sale and
purchase transactions through our Services including but not limited to misrepresentation of
products and services, fraudulent schemes, unsatisfactory quality, defective or dangerous
products, delay or default in delivery or payment, breach of warranty, injuries or harms
suffered relating to the products (“Transaction Risks”) and we shall not be held responsible
nor liable to any loss, damages, claims, liabilities, costs, harms, inconveniences, business
disruptions or expenditures of any kind that may arise as a result of or in connection with any
of the Transaction Risks.
You are solely responsible for all of the terms and conditions of the transactions conducted
through Services, including but not limited to the payment terms, returns, warranties,
shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and
storage.
You hereby agree to provide all information as may be reasonably required by us in
connection with your transactions conducted through Services. We shall reserve the right to
suspend or terminate your account if you fail to provide the required information.
In the event that you have a dispute with any party to a transaction, you agree to fully
indemnify us against any and all liabilities, damages, losses, and expenses of any kind
(including legal fees and costs) relating to, arising out of, or in any way in connection with
such transaction.
Licenses
17. Your Rights
Favor Tech does not claim ownership of the information that you submit for your FavorApp
account or through our Services. You must have the necessary rights to such information that
you submit for your FavorApp account or through our Services and the right to grant the
rights and licenses in our Terms.
18. Favor Tech’s Rights
All the copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other
intellectual property rights associated with our Services are owned or licensed to Favor Tech.
The Service is provided to you AS IS for your information and personal use only. Favor Tech
reserves all rights not expressly granted in and to the Service. You agree to not engage in the
use, copying, or distribution of any of the Service other than expressly permitted herein,
including any use, copying, or distribution of materials of third parties obtained through the
Service for any other use.
19. Your License to Favor Tech
In order to operate and provide our Services, you grant Favor Tech a worldwide, non-
exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute,
create derivative works of, display, and perform the information (including the content) that
you upload, submit, store, send, or receive on or through our Services. The rights you grant
in this license are for the limited purpose of operating and providing our Services (such as to
allow us to display your profile picture and status message, transmit your messages, store
your undelivered messages on our servers for up to three (3) days for mobile to mobile
devices as we try to deliver them, and otherwise as described in our Privacy Policy).
20. Favor Tech’s License to You
We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable
license to use our Services, subject to and in accordance with our Terms. This license is for
the sole purpose of enabling you to use our Services, in the manner permitted by our Terms.
No licenses or rights are granted to you by implication or otherwise, except for the licenses
and rights expressly granted to you.
Reporting third-party copyright, trademark, and other intellectual property
infringement
21. You shall report to us for any claims of third-party copyright, trademark, or other intellectual
property infringement at support@favortech.net We shall reserve the right to terminate your
account if you repeatedly infringe the intellectual property rights of others.
Disclaimers
22. YOU AGREE THAT YOUR USE OF THE FAVORAPP SERVICE SHALL BE AT YOUR OWN RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, FAVOR TECH, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICE AND YOUR USE OR INABILITY TO USE THEREOF. FAVOR
TECH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THIS SERVICE'S CONTENT (INCLUDING BUT NOT LIMITED TO ALL THE
INFORMATION POSTED BY USERS) AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
OUR SERVICE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) 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, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA FAVORAPP SERVICE. FAVOR TECH DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FAVORAPP SERVICE OR ANY
HYPERLINKED WEBSITE OR OTHER ADVERTISING, AND FAVOR TECH WILL NOT BE A PARTY TO
OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of liability
23. FAVOR TECH SHALL NOT BE LIABLE TO YOU FOR ANY LOSS PROFITS OR CONSEQUENTIAL,
SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR
IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, WHATSOEVER
RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT (INCLUDING
BUT NOT LIMITED TO ALL THE INFORMATION POSTED BY USERS), (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO
AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS
OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS
A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION
PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT FAVOR TECH SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD
PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY
WITH YOU.
YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF
ANY KIND INCURRED AS A RESULT OF ANY INACCURACY, INCOMPLETENESS OR
MISINFORMATION CONTAINED IN THE INFORMATION YOU HAVE PROVIDED TO US.
Indemnification
24. You agree to defend, indemnify, and hold harmless Favor Tech from and against all liabilities,
damages, losses, and expenses of any kind (including legal fees and costs) relating to, arising
out of, or in any way in connection with any of the following: (a) your access to or use of our
Services, including information provided in connection therewith; (b) your breach or alleged
breach of our Terms; (c) any misrepresentation made by you; or (d) your violation of any third
party right, including without limitation any copyright, property, or privacy right. You will
cooperate as fully as required by us in the defense or settlement of any claims that may be
brought against us.
Governing Law
25. The laws of Malaysia govern our Terms, as well as any Disputes, whether in court or
arbitration, which might arise between Favor Tech and you, without regard to conflict of law
provisions.
Availability and termination of our services
26. Availability of Our Services
Our Services may be interrupted, including for maintenance, repairs, upgrades, or network
or equipment failures. We may discontinue some or all of our Services, including certain
features and the support for certain devices and platforms, at any time. Events beyond our
control may affect our Services, such as events in nature and other force majeure events. We
shall not be liable to you in any manner whatsoever as a result of the interruption of our
Services.
27. Termination
We may modify, suspend, or terminate your access to or use of our Services anytime for any
reason, such as if you violate our Terms or create harm, risk, or possible legal exposure for us,
our users, or others.
Compliance of the laws and regulations other than in Malaysia
28. You hereby expressly acknowledge that Favor Tech may have to comply with the applicable
law and regulations of the country other than in Malaysia where the Services are being
provided with regards to the use of the Services as well as to the request, collection, use,
processing, and sharing of your information as described in the Privacy Policy and you hereby
expressly agree and consent to such compliance of the law and regulations of the country
other than in Malaysia.
Other
29. Unless a mutually executed agreement between you and us states otherwise, our Terms
make up the entire agreement between you and us regarding FavorApp and our Services, and
supersede any prior agreements.
30. We may ask you to agree to additional terms for certain of our Services in the future, which
will govern to the extent there is a conflict between our Terms and such additional terms.
31. Our Services are not intended for distribution to or use in any country where such distribution
or use would violate local law or would subject us to any regulations in another country. We
reserve the right to limit our Services in any country.
32. Any amendment to or waiver of our Terms requires our express written consent.
33. We may, from time to time, amend or update these Terms. We will provide you notice of
amendments to our Terms, as appropriate, and update the “Last Modified” date at the top
of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as
amended. If you do not agree to our Terms, as amended, you must stop using our Services. It
shall solely be your responsibility to review our Terms from time to time and we shall not be
liable to you in whatsoever manner in the event of your failure to review our Terms
periodically put you in any risk or damage whatsoever.
34. All of our rights and obligations under our Terms are freely assignable by us to any of our
affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by
operation of law or otherwise, and we may transfer your information to any of our affiliates,
successor entities, or new owner.
35. You will not transfer any of your rights or obligations under our Terms to anyone else without
our prior written consent.
36. Nothing in our Terms will prevent us from complying with the law.
37. Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
38. The failure by us to enforce at any time or for any period any one or more of the terms and
conditions as stipulated herein shall not be a waiver by us or of the right at any time
subsequently to enforce all terms and conditions of this Agreement.
39. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from our Terms and shall not affect the validity
and enforceability of the remaining provisions.
40. We reserve all rights not expressly granted by us to you.