If you are still unsure or would like more clarifications, send us a note at firstname.lastname@example.org
SaphX Technologies is located at C-19-08 KL Trillion Jalan Tun Razak, Kuala Lumpur. Malaysia.
SAPHX TECHNOLOGIES SDN BHD THE HOLDER OF POD STORED VALUE FACILITY. USERS ARE ADVISED TO READ THE TERMS AND CONDITIONS CAREFULLY.
These Terms of Service set out the terms which SaphX Technologies Sdn Bhd (“SaphX”, “pod”, “we”, “us”) provides its services (“Services”) to you (“you”, “User”) in handling any and all matter(s) relating to the internet location, all pages and content for pod, accessed via desktop or Mobile App, located at www.usepod.com (the “App”). In accessing the App, you hereby agree to comply with and be bound by the terms and conditions set out herein.
- Relationship to Other Agreements
- User Account Limitation
Please note that the monetary limit for each User account in the App will be set at RM10,000 in accordance with BNM regulation.
- Intellectual Property
The trade marks, service marks, trade names and logos used and displayed on the App (the “Trade Marks”) are registered and unregistered trade marks of SaphX, our related corporations and/or third parties. Nothing on this App should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any Trade Marks displayed on the App, without the written permission of SaphX or any other applicable trade mark owner. The name of SaphX and/or pod may not be used in any way without the prior written permission of SaphX.[Text Wrapping Break][Text Wrapping Break]The App may include, at any given time, content, information, applications, programmes, text, graphics, logos, icons, images, sound clips, video clips, data compilations and/or other materials displayed therein, as well as the App’s page layout, underlying code and software (collectively, the “Content”). All of the Content is the property of, or licensed by, SaphX, our related corporations and/or third parties with whom we do business, and is protected by the relevant intellectual property laws of Malaysia, and other relevant laws. You may not reproduce, republish, copy, display, broadcast, hyperlink, mirror, frame, transfer, transmit, distribute, store or, in any other fashion, re-use the Content in any manner or by any means unless otherwise indicated on the App, or unless given express written permission to do so by SaphX.[Text Wrapping Break][Text Wrapping Break]Aside from the content, trade marks owned by third parties, and the other names of companies, products, programmes, applications, systems (including messaging systems) and solutions may be mentioned or referred to on the App. These marks are, and remain entirely, the trade marks of their respective owners or holders. SaphX does not represent itself as being connected, associated or affiliated in any way with the owners or licensees of those marks.
- Rules of Registration
Access and use of secure areas of the App is restricted to authorised Users only. You may not obtain or attempt to obtain unauthorised access to such parts of the App, or to any other protected information, through any means not intentionally made available by us for your specific use.
You must register as a natural person above 18 years old, residing or domiciled in Malaysia, and the holder of a Malaysia-regulated bank account. All registration information provided by you must be complete and accurate as at the time of registration, and that you will update the said information from time to time, should any change occur. SaphX may, at its full discretion, at any time, revoke your User registration request in the event it finds you have violated the above registration requirements.
As a verified and approved User of the App, you agree and warrant that you will not disclose (wilfully, negligently, or otherwise) credentials of your User account to any third party, or otherwise allow any third party to use you User account or access the App and/or Services. If you have reason to believe that a third party has gained access to your User account, you must immediately inform SaphX by way of written notice.
- The Services
SaphX provides registered Users with automated savings from their daily spending that is collected on the App. Users will be entitled to a “programmable” debit card (“WireCard”) for access to their automated savings managed on the App.[Text Wrapping Break][Text Wrapping Break]Operation of the App[Text Wrapping Break][Text Wrapping Break]SaphX reserves the right to control the look and feel of the App.[Text Wrapping Break][Text Wrapping Break]SaphX shall be entitled to publish any notices or disclaimers on the App in connection with a User, in the manner and to the extent deemed necessary by SaphX, at its sole discretion.[Text Wrapping Break][Text Wrapping Break]SaphX may also, at its sole discretion, deny you access to the App and/or Services for any reason, including if SaphX believes that you have violated or acted inconsistently with this Terms of Service, any of the other App agreements, or, if in SaphX’s opinion or the opinion of any regulatory authority, SaphX is not suitable to continue providing you access to the App and/or Services.[Text Wrapping Break][Text Wrapping Break]User Materials[Text Wrapping Break][Text Wrapping Break]The App may include content, information, text, graphics, logos, icons, images, data compilations and/or other materials submitted by a registered User, for inclusion in and/or posting on a User account belonging to the User or other Users through the App or Services, which may include the App’s ‘Group Savings’ service (the “User Materials”).[Text Wrapping Break][Text Wrapping Break]SaphX neither endorses nor assumes any responsibility in respect of the User Materials. The Users submitting their User Materials: (i) are solely responsible for their own User Materials; (ii) warrant and represent that they have the right and authority to submit their User Materials, and that their User Materials do not infringe the intellectual property rights or any other rights of any third party; and (iii) hereby grant to SaphX a non-exclusive, world-wide royalty-free, irrevocable licence and right to host, transmit, distribute or use (which will include the right to copy, reproduce and/or publish) the User Materials in connection with the operation of the App and the provision of the Services to Users and for the purposes such Users have instructed or requested.
- Rules of Conduct
You agree and warrant that you will not (and will not permit any third party to) publish, post, transmit, transfer, distribute or upload any content data, information and/or materials on your User account or another User Account, through the App and/or the Services which: (i) is or may be false, indecent, misleading, untruthful or inaccurate; (ii) promotes or encourages, or may promote or encourage illegal activity (including the breach of any financial regulatory licensing requirements); (iii) is or may be racially or ethnically or otherwise offensive; constitutes or may constitute agitation against a minority (such as a national or ethnic group); (iv) constitutes or may constitute defamation; contains or may contain pornography or is in any other way sexually explicit; (v) attacks or may attack sexual orientation or religion, or is or may be discriminating in any other way; (vi) may not be lawfully disseminated under applicable laws; (vii) you know or have reason to suspect contains any viruses or damaging components which may detrimentally interfere with the App and/or the Services; (viii) is or may in any way be harmful, abusive, offensive or illegal; (ix) or infringes the rights of any third party (including intellectual property rights).[Text Wrapping Break][Text Wrapping Break]You agree and warrant that you will not (and will not permit any third party to): (i) use the App and/or the Services to defame, harass, discriminate or threaten another person/company or in any other way violate rights; (ii) distribute or reproduce all or any part of the App and/or the Services; (iii) alter, disassemble, decompile or reverse engineer any part of the App and/or the Services, unless explicitly permitted by mandatory law; (iv) use software that reads data on the App and/or the Services automatically; (v) use the App and/or the Services to request or encourage other users to breach any provision of this Terms of Service and/or any terms and conditions applicable to the App and/or the Services; (vi) abuse the App and/or the Services; (vii) use the App and/or the Services for any unlawful or unauthorized purpose or other than in conformance with the acceptable policies of any connected computer networks and any applicable Internet standards (which includes transmitting any computer viruses through the App, or using the App and/or the Services in a manner which violates or infringes the rights of anyone else); or (viii) use any software or material or upload any materials which contains a virus or damaging component which may corrupt this App’s data or interfere with the operation of this App and/or the Services.[Text Wrapping Break][Text Wrapping Break]SaphX reserves the right to immediately remove any User Materials or other content from the App that SaphX, at its sole discretion, deems to be in breach of this Terms of Service and/or any terms or conditions applicable to the App and/or the Services, or otherwise harmful for SaphX or its Users.[Text Wrapping Break][Text Wrapping Break]As a registered User, you hereby undertake to fully cooperate with SaphX (including providing all requested information) to: (i) facilitate SaphX with the provision of the Services with respect to Users; (ii) enable SaphX to comply with all applicable laws, regulations and other requirements; (iii) and enable SaphX to comply with requests by any regulator and/or its obligations under this Terms of Service and/or any term and conditions applicable to the App and/or the Services.[Text Wrapping Break][Text Wrapping Break]You shall strictly comply with all applicable laws, treaties, ordinances, codes and regulations in your access and use of the App and/or Services.
- Liability and Indemnification
Users[Text Wrapping Break][Text Wrapping Break]You represent, warrant and fully understand and agree that the provision of the App and the Services are not: (i) a representation that SaphX has performed any due diligence on any User; or (iii) a representation by SaphX that any information provided by the User is complete, accurate, clear, fair and not misleading. The use or reliance on any such information is at your own risk and SaphX shall not be liable for any losses arising from or incurred by you in connection therewith. SaphX is not responsible or liable for the accuracy and completeness of any such information and for the performance or outcome of any investment made by you after receipt of such information.[Text Wrapping Break][Text Wrapping Break]You agree that you are solely responsible for the use of the Services and agree to be solely liable for all consequences arising therefrom.[Text Wrapping Break][Text Wrapping Break]You shall be liable for any damage caused to SaphX or any third party due to your breach of this Terms of Service and/or any terms and conditions applicable to the App and/or Services, including the access to or use of the App and/or Services in breach of this Terms of Service and/or any terms and conditions applicable to the App and/or Services. Furthermore, you agree to fully indemnify SaphX and hold SaphX harmless from and against all claims, costs (including reasonable legal costs), damages, expenses, liabilities and losses that SaphX may sustain or incur, directly or indirectly, by reason of our having: (i) made available the App and/or Services to you; (ii) entered into this Terms of Service or other SaphX agreements with you; (iii) enforced or attempted to enforce our rights under this Terms of Service or other SaphX agreements with you; (iv) or acted upon any instructions which you may give in relation to the App and/or Services, or any negligence, fraud and/or misconduct on your part or your breach of this Terms of Service and/or any terms and conditions applicable to the App and/or Services.[Text Wrapping Break][Text Wrapping Break]SaphX’s Liability[Text Wrapping Break][Text Wrapping Break]The App and Services are provided on an ‘as is’ and ‘as available’ basis. SaphX does not make any warranty or representation (express or implied or otherwise) as to the accessibility, quality, suitability, accuracy, adequacy or completeness of the App and/or Services, and expressly disclaims any liability for errors, delays or omissions in the App and/or Services, as well as for any action taken in reliance on the App and/or Services. No warranty of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with the App and/or Services. Further, no warranty is given that the App and/or Services are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros.[Text Wrapping Break][Text Wrapping Break]There are situations when the App and/or Services will be inaccessible, unavailable, or disrupted, including: (i) necessary maintenance; (ii) circumstances outside the control of SaphX (i.e., external causes such as net access failure, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship); and (iii) modification, upgrading, suspension, discontinuation of the provision of or removal of the App and/or Services (whether in whole or in part), from time to time and without SaphX giving any reason or prior notice. SaphX shall not be liable for any such inaccessibility, unavailability and/or disruption. SaphX does not guarantee that any identified defects, errors and/or faults will be corrected. In the event where the App and/or Services is/are inaccessible, unavailable, or disrupted, you may still view the balance on your User Account by e-mailing email@example.com.[Text Wrapping Break][Text Wrapping Break]SaphX does not warrant the security of any information transmitted by or to you through the App and/or Services. You accept the risk that any information transmitted or received through the App and/or Services may be accessed by unauthorised third parties and/or disclosed by SaphX to third parties purporting to be you or purporting to act under your authority. Transmission over the Internet and e-mail may be subject to interruption, transmission blackout, delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet.[Text Wrapping Break][Text Wrapping Break]You acknowledge and agree that user authentication on the Internet is generally difficult to establish, and hereby accept the risk that online activities may be subject to fraudulent or deceptive activity. SaphX does not warrant and/or confirm: (i) each User’s purported identity; and (ii) that Users have not misused the usernames or passwords; (iii) or that Users have complied, fully or otherwise, with this Terms of Service or any terms and conditions applicable to the App and/or Services. SaphX consequently will not be held liable where there is a dispute or claim involving or relating to the identity of any User.
- Third Party Content, Systems and Transactions
The App may contain, and/or the Services may provide, links to other websites or content on the Internet that are owned or operated by third parties. Unless we expressly say otherwise, you should assume that these other apps or websites are not under the control of SaphX or our related corporations. We assume no responsibility and shall not be liable for any errors or other consequences arising from accessing or delays in accessing such apps, websites, content, or any actions taken in reliance thereon, and we disclaim liability for any and all forms of loss or damage arising out of the use of those apps, websites, and their content. Any link to another app, website or content featured on the App does not constitute SaphX’s endorsement, recommendation or verification of that other apps, websites or content. Under no circumstances shall it be construed that, in case of your access to and use of systems (including messaging systems), services, content, materials, products, applications or programmes of any third party (“Third Party Systems”), SaphX is a party to any transaction, if any, between you and such third party or that SaphX endorses, sponsors, certifies, or is involved in the provision of such Third Party Systems accessible at the App or through the Services. SaphX shall not be liable in any way for your access to and use of the systems or for any products obtained and/or purchased from or services rendered by any such third party, and you agree that the same shall be your responsibility or that of the relevant third party.[Text Wrapping Break][Text Wrapping Break]You acknowledge and agree that you will be solely responsible for any access to or use of Third Party Systems through the App or Services. If you access or use any Third Party Systems through the App or Services, you must comply with the relevant terms and conditions for the access or the use of such Third Party Systems and be responsible for the registration and use of any user names or passwords required to connect to any Third Party Systems. In particular, should access to and use of Third Party Systems through the App or Services be prohibited (whether in full or in part) by such third party terms and conditions, please discontinue any such access and use as soon as possible upon becoming aware of or receiving notice of such prohibition from the relevant third party.[Text Wrapping Break][Text Wrapping Break]You acknowledge and agree that SaphX and its agents may, subject to your authorisation, receive data from Third Party Systems for the purposes of performing the Services. You hereby appoint MooLah and its agents as your agent for the aforementioned purpose. In addition, each time you submit your user name or password to access or use your designated Third Party Systems for the specific purpose of providing SaphX with access to your designated Third Party System, you shall be deemed to have authorised SaphX and its agents to process your request and use information submitted by you and which is retrieved using your user name or password.
We make no warranty or representation (express or implied) that the Services and App will: (i) meet your requirements; (ii) be of satisfactory quality; (iii) be fit for a particular purpose; (iv) not infringe the rights of third parties; (v) be compatible with all systems or be secure; (vi) or that all information provided is accurate. We make no guarantee of any specific results from the use of the Services and App. All Content contained in the App and/or Services are provided for informational purposes only. No part of the App and/or Services is intended to constitute advice (financial or otherwise), reviews, and/or recommendations, and the App and/or Services should not be relied upon when making any decisions or taking any action of any kind. To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from your use of the App and/or Services or any information contained in it, and you use the App and/or Services at your own risk. This is not intended to exclude or restrict our liability for death or personal injury arising from your use of the App and/or Services. You should be aware that you use the App and/or Services at your own risk.
In the event that any of these provisions are found to be or become unlawful, invalid or otherwise unenforceable, that provision is to be deemed severed from this Terms of Service and shall not affect the legality, validity and enforceability of the remaining provisions of this Terms of Service. The Terms of Service shall continue in force as if such unlawful, invalid or unenforceable provision was severed from this Terms of Service. This clause shall apply only within jurisdictions where a particular term is illegal.
- No Waiver
Any failure or delay by yourself or SaphX in exercising or enforcing any right or remedy contained in this Terms of Service does not constitute a waiver by the party responsible for such delay or failure. It shall also not constitute a bar to the exercise or enforcement at any subsequent time or times. Waiver of any right arising from a breach or non-performance of this Terms of Service or arising upon default under this Terms of Service shall be in writing and signed by the party granting the waiver.
From time to time we may vary or update this Terms of Service to take into account changes in the law or for any other reason, such variation or update to take effect on the date SaphX specifies. If we vary or update this Terms of Service, we will publish a new version on the App, and as soon as you access or use the App after the new version has been published, you will be deemed to have agreed to the varied or updated version. Nevertheless, you will still be bound by the terms of any previous versions to which you have agreed or been deemed to agree. If there is a conflict or inconsistency between the terms and conditions of two or more versions of this Terms of Service to which you have agreed and/or been deemed to agree, the terms and conditions in the most recent version shall take precedence unless it is expressly stated otherwise. If you do not accept the varied or updated version, you should stop accessing or using of the App and terminate this Terms of Service. SaphX’s right to vary or update this Terms of Service in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to this Terms of Service.
All notices between you and SaphX provided for or permitted under this Terms of Service or by law shall be in writing and shall be deemed duly served when: (i) delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; (ii) when sent, if transmitted by fax or e-mail; (iii) on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or (iv) on the tenth business day following mailing, if mailed by airmail, postage prepaid; (v) in each case addressed to the most recent address, e-mail address, or facsimile number notified to you or SaphX.
If you wish to communicate with us about anything related to this Terms of Service or the App, you may do so by sending an e-mail to firstname.lastname@example.org.
- Choice of Law
This Terms of Service, and the relationship between you and SaphX created by it, shall be governed by and construed in accordance with Malaysia Law.
You agree to submit to the exclusive jurisdiction of the courts of Malaysia in relation to any dispute arising out of or in connection with this Terms of Service.
No person may assign any of his rights, or delegate the performance of any of its duties, under this Terms of Service, without prior written consent of SaphX.
This Terms of Service constitutes the entire agreement between you and SaphX, relating to the provisions set out in this Terms of Service. This Terms of Service supersedes all prior communications, contracts, or agreements, written or oral, between you and SaphX with respect to the provisions set out in this Terms of Service.
Rights of Third Parties
A person or entity who is not a party to this Terms of Service shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Malaysia or any similar legislation in any jurisdiction to enforce any term of this Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this provision shall affect the rights of any permitted assignee or transferee of this Terms of Service.
This Terms of Service was last updated on 1 August 2018.