Terms & Conditions
These terms of service set out the terms and conditions that are applicable to you as a Consumer regarding the use of Shariah Personal Financing – a financial product of the company Pod provided by Saphx Technologies Sdn. Bhd. through the Pod App. By using the Shariah Personal Financing, you are deemed to agree to these Terms and Conditions.
General
By accessing and using the Pod App, you agree to be bound by and to act in accordance with these Terms and Conditions and our Privacy Policy.
In the event where you breach the Terms and Conditions, we reserve the right to immediately cease your use and access of the Pod App.
We reserve the right to amend the Terms and Conditions from time to time without notice. Such amendments shall be effective from the date they are posted on the Pod App. Your continued use of the Pod App will constitute your acceptance of the amended Terms and Conditions.
You agree and undertake not to:
impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
use the Pod App or the Services for illegal purposes;
attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Pod App or the Services;
use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Pod App’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Pod App or the Services; and
use the Pod App or the Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
Eligibility
You are only eligible to use the Pod App if you:
Are an individual;
Are above the age of 18;
Have a valid and verifiable email address;
Have a mobile telephone number issued and registered in Malaysia;
Provide a valid address in Malaysia;
Are authorised to make payment under clause 5 below; and
Register for an Account on the Pod App in accordance with clause 3 below.
The Pod App
The Pod App is an online platform that, amongst others, offers users the ability to deposit funds into the platform as their personal savings. The Shariah Personal Financing is a financial product that is on the Pod App (“Services”).
In order to avail the Shariah Personal Financing, you will need to register for an account on the Pod App (“Account“). You must not misuse the Pod App by creating multiple user accounts. When you register, you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately through the Pod App. If you fail to comply with this clause, we may restrict or terminate your account immediately without notifying you.
You may at any time submit a request for us to close your Account by contacting us at info@usepod.com. It may take up to 30 business days from the date of your request for Pod to process your request and complete the Account closure. In the event that there are any:
outstanding amounts due to Pod;
outstanding disputes with Pod; and/or
investigations regarding your account or orders,
Pod will not process your request to close your Account until these matters are resolved. You remain liable for all obligations relating to your Account even after the Account is closed. Pod will retain your information in accordance with our Privacy Policy and any applicable regulations.
For the purpose of this clause 3(c), “business days” means a day (other than a Saturday, Sunday and public holiday) when commercial banks are generally open for business in Malaysia.
You acknowledge and agree that:
Pod is not a licensed moneylender under the Moneylenders Act 1951;
Pod assumes no advisory or fiduciary responsibility with respect to you in connection with the use of the Services;
Pod has not provided you with any legal, accounting, regulatory or tax advice with respect to the use of the Services; and
You have consulted your own legal, accounting, regulatory and tax advisors with respect to the use of the Services.
We aim to provide uninterrupted access to the Pod App but we give no warranty as to the uninterrupted availability of the Pod App. We reserve the right to suspend, restrict or terminate your access to the Pod App at any time.
We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on the Pod App and without notice from time to time.
Shariah Personal Financing
Under these Terms and Conditions, Pod will grant you access to and use of the Shariah Personal Financing under the Shariah principle of Commodity Murabahah via Tawarruq arrangement up to the amount set out by Pod when you have met the requirement of personal financing and submit the request of personal financing via the Pod App and such request by you has been irrevocably accepted by Pod.
Upon the submission and acceptance of the request for the Shariah Personal Financing by Pod, you irrevocably undertake to fulfil all the obligations set out under the Terms and Conditions.
Payment Terms
When you submit a request for processing via the Pod App, the payment method and a payment schedule for the Shariah Personal Financing will be displayed on the Pod App for your acceptance. You may only pay for the Shariah Personal Financing in accordance with such payment schedule accepted by you (“Payment Plan“).
The first payment will be made at the time you place your order and subsequent payments in accordance with the date specified in the Payment Plan.
You acknowledge and agree that Pod will apply payments made by you towards the Payment Plan (which will be computed based on the value of the Shariah Personal Financing and displayed on the Pod App).
If you fail to make payments in accordance with the Payment Plan, we may at any time without notifying you cancel the Payment Plan and demand that all amounts due from you under these Terms and Conditions are immediately payable.
Payments for the Shariah Personal Financing on each due date may be made using the payment method selected by you on the Pod App by providing your debit card and/or other payment details accepted by Pod. In using such payment method, you authorise and instruct us to automatically charge or deduct the amounts for the first and subsequent payments (including any amounts payable by you under these Terms and Conditions) from such payment method on each due date specified in the payment schedule.
You are responsible for ensuring that you have sufficient funds to meet your payment obligations on each due date specified in the payment schedule. If for whatever reasons your bank refuses to authorise any of your payments, we reserve the right to re-attempt to process the payment at a later date. We may contact you to inform you arrange for payment of the outstanding amount.
You may make payment for any instalment payment before its due date by making payment via the Pod App.
You must not violate any applicable laws or regulations when making payments for the Shariah Personal Financing using the payment method selected by you on the Pod App.
Late Payment Charges
If you fail to pay any amounts in accordance with the payment schedule, a late payment charge (“LPC”) will apply on each payment that is due on that date but not paid.
The LPC will be a fixed amount based on the value of the Shariah Personal Financing. The LPC will be displayed on the Pod App when you submit an order for processing.
Cancellation and Refunds
You may not cancel your Personal Financing application if we have approved your Payment Plan and the financing amount have been transferred into your chosen bank account. If you request for a cancellation but your financing amount has already been transferred, your cancellation request will be invalid.
If there is an issue that arises from the Shariah Personal Financing, the Payment Plan or other related matters (“Dispute“), it is your responsibility to contact Pod immediately via the Pod App within 60 days of the date of the order, upon which:
Pod may require you to provide documentation and/or other information in relation to the Dispute;
Pod will evaluate the Dispute and will retain full discretion to make a final decision on the Dispute (“Decision“);
Notwithstanding the outcome of the Decision, you acknowledge and agree to comply with the Decision; and
you acknowledge and agree that you shall nevertheless remain liable for any outstanding amounts due to Pod.
Assessments and Checks
You agree to provide information or documentation as reasonably requested by Pod to verify your identity and assess your capability to make payments in relation to any order made via the Payment Plan. You authorise us to make, directly or through third parties, any other inquiries we consider necessary to verify your identify and to assess your capability to make payments in relation to any order made via the Payment Plan (including any measures described under clause 3).
You authorise and give consent for us to conduct credit/litigation checks on you, including making inquiries with any credit bureau or other third parties in relation to this request, which Pod may consider necessary or deem fit subject to Pod’s discretion.
Promotions
Pod may run promotions, subject to additional terms and conditions, which can be found on the Pod App and are hereby incorporated by reference into these Terms and Conditions. The terms and conditions of the individual promotion has to be met before orders can be eligible.
Pod may run promotions including but not limited to limited-time sales, member-only discounts and promotion codes. We are under no obligation to place your order within a stipulated time, and we shall not be held liable should the order not be placed within the promotion period. While we try to reflect the promotion in your order, we cannot guarantee that the promotion will be available or applicable to your purchase. Payment Plans will be based on the final price listed in your order.
Permitted Use
You are only permitted to access and use the Pod App for your personal, non-commercial purpose. Access to and use of the Pod App other than for your personal, non-commercial purpose is strictly prohibited.
Indemnity
You agree to indemnify and hold Pod, their directors, officers and employees, harmless from any claim, demand, or damage, including legal fees, asserted by any third party due to or arising out of your access of the Pod App or your use of the Services.
Intellectual Property Rights
The names, images and logos (“Marks”) identifying Pod or third parties and their products and services are subject to copyright, design rights and trademarks of Pod and/or third parties, and all rights to the Marks are expressly reserved by Pod or the relevant third parties.
Nothing contained in this Agreement shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Pod or any other third party, without the prior written consent of Rely or such third party. The name of Pod or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of Pod.
Pod and its affiliates and licensors own and retain all rights, titles and interest in and to:
The Pod App;
All hardware, software and other items used to prove the use of the Services; and
All materials, including without limitation, the information, databases, data, documents, online graphics, audio and video, in the Pod App, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Pod, you shall not copy, modify, publish, transmit, distribute, perform, display or sell any of Pod’s proprietary information. You shall also not decompile, reverse- engineer or otherwise attempt to discover the source code of any content available on the Pod App except under the specific circumstances expressly permitted by law or in writing by Pod.
Exclusions of Liability
Nothing in these Terms and Conditions exclude or limit our liability for death or personal injury caused by our negligence or for our fraud, or excludes or limits our duties or any liability under any written rules, regulations or laws.
We use reasonable endeavours to ensure that the data, material and information on the Pod App are accurate and to correct any errors or omissions as soon as practicable after being notified of them. However, we are not able to guarantee that the data, material and information on the Pod App are accurate or that there are no errors or omissions in the data, material and information.
We do not monitor, verify or endorse data, material and information submitted or provided by third parties which is included on the Pod App and you should be aware that such information may be inaccurate, incomplete or out of date. In particular, we do not monitor, verify or endorse the information or quotations collected from the product and service providers as presented to you on the Pod App. We are not responsible for any data, material or information included on the Pod App which has been provided by third parties.
We do not give any warranty that the Pod App is free from viruses or anything else which may have a harmful effect on any technology.
We are not responsible for any losses or damages arising from an inability to access the Pod App, from any use of the Pod App or from reliance on the data transmitted using the Pod App where such losses or damages are caused by any event beyond our reasonable control including as a result of the nature of electronic transmission of data over the internet
We are not responsible or liable for any indirect losses or damages suffered or incurred by you or for any losses or damages suffered or incurred by you, which were not foreseeable by us through your access and use of the Pod App.
For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
Your Obligations
You are solely responsible and liable for your conduct on the Pod App and for the use of the Services.
You must take all reasonable precautions (including using appropriate virus checking software) to ensure that any information, content, material or data you provide is free from viruses, spyware, malicious software, trojans, worms, logic bombs and anything else which may have a contaminating, harmful or destructive effect on any part of the Pod App or the websites of third parties or any other technology.
You may complete a registration process as part of your use of the Pod App which may include the creation of a username, password and/or other identification information. Any username, password and/or other identification information must be kept confidential by you and must not be disclosed to, or shared with, anyone. Where you do disclose to or share with anyone your username, password and/or other identification information, you are solely responsible for all activities undertaken on the Pod App using your username, password and/or other identification information.
You must check and ensure that all information, content, material or data you provide on the Pod App is correct, complete, accurate and not misleading and that you disclose all relevant facts. We do not accept any responsibility or liability for any loss or damage you may suffer or incur if any information, content, material or data you provide on the Pod App is not correct, complete and accurate or if it is misleading or if you fail to disclose all relevant facts.
You must ensure all information you provided during checkout and application on the Pod App are true and accurate.
Privacy
We are committed to protecting your privacy and we treat your privacy very seriously. By using the Pod App (including the Payment Plan), you agree and consent for us to process your personal data and information about you in line with Pod’s privacy policy (“Privacy Policy“).
The Privacy Policy is incorporated by reference to and forms part of these Terms and Conditions and is available at [INSERT LINK]. The Privacy Policy may be amended from time to time.
We may disclose your personal information or access your account if required to do so by law, any court, or any other applicable regulatory, compliance, Governmental or law enforcement agency.
Transfers or Assignment
You shall not transfer or assign any rights and/or obligations you may have under these Terms and Conditions without our prior written consent.
We may transfer, assign or novate these Terms, and any rights, obligations and conditions under these Terms and Conditions, to a third party without your consent or notice.
Variation
We reserve the right to amend these Terms and Conditions and our policies at any time at its sole discretion without prior notice. All amendments to these Terms and Conditions, including our policies will be posted on our Pod App and be effective immediately.
Your continued use after such amendments will constitute your acceptance and agreement to be bound by such amendments of these Terms and Conditions.
Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Pod App with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on the Pod App immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Pod App. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by us in connection with such termination or suspension.
Governing Law
Any dispute arising out of or in connection with this Agreement shall be referred to and resolved by the Courts of Malaysia. You hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the Courts of Malaysia.
Miscellaneous
You agree that no joint venture, partnership, or employee relationship exists between you and us as a result of these Terms and Conditions or as a result of the use of the Services.
The Pod App is only intended for use by residents of Malaysia. We make no warranty or representation that residents living outside Malaysia will be able to purchase products through the Pod App. If you choose to use the Pod App from locations outside Malaysia, you shall be responsible for compliance with all applicable local laws.
Except as otherwise expressly provided herein, this Agreement represents the entire agreement between you, Pod and regarding the subject matter hereof and supersedes any prior agreement between you, Pod as well as all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between us.
All disclaimers, indemnities and exclusions in this Agreement shall survive the termination of this Agreement by any reason.
If any provision of this Agreement or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and, for the avoidance of doubt, the rest of this Agreement shall continue in full force and effect and the legality, validity and enforceability of the whole of this Agreement in any other jurisdiction shall not be affected.
Notices
We may give notice by means of a general notice on the Pod App, or by electronic mail to your email address associated with your Account, or by written communication sent by registered mail or pre-paid post to your address associated with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 24 hours after sending (if sent by email).
Terms & Conditions
If you are still unsure or would like more clarifications, send us a note at info@usepod.com
Pod Capital Sdn Bhd (Pod), a subsidy fully owned by SaphX Technologies Sdn Bhd is located at C-19-08 KL Trillion Jalan Tun Razak, Kuala Lumpur. Malaysia.
Pod Technologies Sdn Bhd is THE HOLDER OF POD STORED VALUE FACILITY. USERS ARE ADVISED TO READ THE TERMS AND CONDITIONS CAREFULLY.
Application
These Terms of Service set out the terms which Pod Capital Sdn Bhd (“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
This Terms of Service shall be read together with Pod’s Privacy Policy and any other agreement(s) that you agree to be bound by in the course of your use of the App. If there is a conflict between any of these agreements, the latest of the agreements into which you have entered shall take precedence.
User Account Limitation
Please note that the monetary limit for each User account in the App will be set at RM10,000.
Intellectual Property
4.1 The trade marks, service marks, trade names and logos used and displayed on the App (the “Trade Marks”) are registered and unregistered trademarks of Pod, our related corporations and/or third parties. Nothing on this App should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the App, without the written permission of Pod or any other applicable trademark owner. The name of Pod may not be used in any way without the prior written permission of Pod.
4.2 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, Pod, 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 Pod.
4.3 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. Pod does not represent itself as being connected, associated or affiliated in any way with the owners or licensees of those marks.
Rules of Registration
5.1 Access and use of secure areas of the App are restricted to authorized Users only. You may not obtain or attempt to obtain unauthorized 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.
5.2 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 changes occur. Pod 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.
5.3 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 your 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 Pod by way of written notice.
THE SERVICES
6.1 Pod 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.
6.1.1 Operation of the App
Pod reserves the right to control the look and feel of the App. Pod 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 Pod, at its sole discretion. Pod may also, at its sole discretion, deny you access to the App and/or Services for any reason, including if Pod believes that you have violated or acted inconsistently with this Terms of Service, any of the other App agreements, or, if in Pod’s opinion or the opinion of any regulatory authority, Pod is not suitable to continue providing you access to the App and/or Services.
6.1.2 User Materials
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”).
6.2 Pod 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 Pod 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
7.1 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).
7.2 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. Pod reserves the right to immediately remove any User Materials or other content from the App that Pod, 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 Pod or its Users.
7.3 As a registered User, you hereby undertake to fully cooperate with Pod (including providing all requested information) to: (i) facilitate Pod with the provision of the Services with respect to Users; (ii) enable Pod to comply with all applicable laws, regulations and other requirements; (iii) and enable Pod to comply with requests by any regulator and/or its obligations under this Terms of Service and/or any terms 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
8.1 Users
You represent, warrant and fully understand and agree that the provision of the App and the Services are not: (i) a representation that Pod has performed any due diligence on any User; or (iii) a representation by Pod 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 Pod shall not be liable for any losses arising from or incurred by you in connection therewith. Pod 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. You agree that you are solely responsible for the use of the Services and agree to be solely liable for all consequences arising therefrom. You shall be liable for any damage caused to Pod 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 Pod and hold Pod harmless from and against all claims, costs (including reasonable legal costs), damages, expenses, liabilities and losses that Pod 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 Pod agreements with you; (iii) enforced or attempted to enforce our rights under this Terms of Service or other Pod 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.
8.2 Pod’s Liability
The App and Services are provided on an ‘as is’ and ‘as available’ basis. Pod 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.
8.2.1 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 Pod (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 Pod giving any reason or prior notice.
8.2.2 Pod shall not be liable for any such inaccessibility, unavailability and/or disruption. Pod 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 info@usepod.com. Pod 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 unauthorized third parties and/or disclosed by Pod 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.
8.2.3 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. Pod 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. Pod 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
9.1 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 Pod 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 Pod’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”), Pod is a party to any transaction, if any, between you and such third party or that Pod endorses, sponsors, certifies, or is involved in the provision of such Third Party Systems accessible at the App or through the Services. Pod 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.
9.2 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.
9.3 You acknowledge and agree that Pod and its agents may, subject to your authorization, receive data from Third Party Systems for the purposes of performing the Services. You hereby appoint Pod 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 Pod with access to your designated Third Party System, you shall be deemed to have authorised Pod and its agents to process your request and use information submitted by you and which is retrieved using your user name or password.
Disclaimers
10.1 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.
10.2 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.
Severability
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 Pod 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.
Revisions
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 Pod 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. Pod’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.
Notices
All notices between you and Pod 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 Pod.
Communications
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 info@usepod.com.
Choice of Law
This Terms of Service, and the relationship between you and Pod created by it, shall be governed by and construed in accordance with Malaysia Law.
Jurisdiction
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.
Miscellaneous
18.1 Assignment
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 Pod.
18.2 Entire Agreement
This Terms of Service constitutes the entire agreement between you and Pod, 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 Pod with respect to the provisions set out in this Terms of Service.
18.3 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 February, 2022.