Terms And Conditions
Ver: Sep 1, 2024
- General
- In using Byte Harvest Sdn Bhd's (BH) websites, which include but are not
limited to “htps://www. bytepay.my/” (the “Website”) and BH's products and services
(“Services”), you accept and agree to be bound by the following terms and conditions
(“Terms”). If you do not accept these Terms, you may not use this Website and/or BH's
Services.
- The Terms form part of (and should be read in conjunction with) the terms
and conditions governing your contractual and commercial relationship with us and under
which BH provides its Services to you.
- By accessing and browsing through the website, or otherwise purchasing
BH's products and services: (a) you agree to be bound by the Terms and any of the related
policies and/or guidelines, including any subsequent changes or modifications to them; and
(b) you agree and consent to BH as well as its authorised agents, authorised service
providers, related and/or associated companies and relevant third parties collecting, using,
disclosing and/or sharing your personal data in the manner set forth in these Terms.
- These Terms supplement but do not supersede nor replace any other
consent(s) which you may have previously provided to BH.
- BH may from time to time update these Terms, at its sole discretion and
without prior notice. The amended Terms shall be effective as soon as it is published on the
Website. Please review these Terms periodically as your continued use of the Website and
BH's Services is deemed acceptance of any revised Terms in force at the time.
- You may terminate these Terms by giving fourteen (14) days' writen notice
to BH.
- If you have any queries about these Terms, you may email them to
admin@byteharvest.com
- Use of the Website and BH's Services
- Your attention is drawn to BH’s Privacy Policy as set out in BH’s Website.
This Website and/or BH’s Services is not directed at any person in a jurisdiction where
access to and/or use of BH’s Services is prohibited. You are responsible for ensuring that
you are in compliance with all laws, regulations and rules applicable to you in relation to
your use of the Website and/or BH’s Services.
- All content contained in the Website and/or provided to you in connection
with BH’s Services (the “Content”) may be viewed for your personal reference only. Such
permitted usage does not extend to the logos, name and branding of BH. The permitted usage
also does not include exploitation of the Content for commercial gain. All other uses of the
Content require the prior written consent of BH. BH is not obliged to give such consent.
- Without limiting your obligations under the applicable laws, you must not:
(a) use the Website or BH’s Services for any illegal purposes; (b) attempt to gain
unauthorised access to or otherwise interfere or disrupt other computer systems or networks
connected to the Website or BH’s Services; (c) interfere with another’s utilisation and
enjoyment of the Website and/or BH’s Services; (d) 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
Website’s data or damage or interfere with the operation of another person’s computer or
mobile device or the Website or BH’s Services; (e) engage in any activity or act that would
violate intellectual property rights in the Website and/or BH’s Services; and (f) use or
attempt to use another user’s account, service or personal information as they apply to the
Website and/or BH’s Services.
- You must keep confidential your usernames and passwords as they apply to
the Website and/or BH’s Services.
- BH’s Platform
- Certain services that may be made available on the Website may require
creation of an account with BH or for you to provide personal data. If you request to create
an account with BH, a username and password may either be: (i) determined and issued to you
by BH; or (ii) provided by you and accepted by BH in BH’s sole and absolute discretion in
connection with the use of the Website and/or BH’s Services. (a) You agree that as an
account holder, your access to the Website and/or BH’s Services is granted by BH to you
solely in your capacity as an account holder. You shall not provide such access to the
Website and/or BH’s Services to any third party, whether directly or indirectly. (b) You
agree that as an account holder, you will abide by such access restrictions as may be
stipulated by BH from time to time, including but not limited to the number of devices or
unique IP addresses that are used to access your account and the sharing of account
usernames and passwords with any third party. (c) In the absence of any access restrictions
otherwise expressly stipulated by BH, your access to your user account is limited to a
maximum of three (3) devices. At any point in time, only one (1) device will be provided
with access to live streaming of online courses, recorded lesson videos and course preview
videos. (d) You agree that you will not assume a false identity or the identity of another
user when using the Website and BH’s Services.
- BH User Accounts
- BH is in the business of providing an online marketplace for potential
vendors to market, distribute and sell web-based solution, items and services.
- You agree that you will not create an account, or multiple accounts: (a)
that is intended to
thwart a previous ban or suspension; (b) that is intended to circumvent any existing
referral programme(s) and the terms and conditions thereunder to which you are subject; and
(c) that breaches any terms and conditions applicable to you.
- BH may at any time in its sole and absolute discretion, request that you
update your
personal data or forthwith invalidate the username and/or password without giving any reason
or prior notice and shall not be liable or responsible for any losses suffered by or caused
by you or arising out of or in connection with or by reason of such request or invalidation.
- You agree to change your password from time to time and to keep the
username and password
confidential and shall be responsible for the security of your account and liable for any
disclosure or use (whether such use is authorised or not) of the username and/or password.
- You agree to notify BH immediately if you have knowledge or have reason
for suspecting that
the confidentiality of the username and/or password has been compromised or if there has
been any unauthorised use of the username and/or password or if your personal data requires
updating.
- Access to and use of password protected and/or secure areas of the Website
and/or services
provided by BH are restricted to users with accounts only. You shall not obtain or attempt
to obtain unauthorized access to such parts of the Website or BH’s Services, or to any other
protected information, through any means not intentionally made available by us for your
specific use.
- You agree and acknowledge that any access of the Website and/or BH’s
Services referable to
your username and password shall be deemed to be, as the case may be: (i) access to the
Website and/or BH’s Services by you; or (ii) information, data or communications posted,
transmitted and validly issued by you.
- You agree to be bound by any access of the Website and/or BH’s Services
(whether such access
or use are authorised by you or not) and you agree that BH shall be entitled (but not
obliged) to act upon, rely on or hold you 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 losses
attributable to any use of the Website and/or BH’s Services referable to your username and
password.
- You agree to be bound by any access of the Website and/or BH’s Services
(whether such access
or use are authorised by you or not) and you agree that BH shall be entitled (but not
obliged) to act upon, rely on or hold you 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 losses
attributable to any use of the Website and/or BH’s Services referable to your username and
password.
- Payments
- Payments of BH’s Services may be made directly on the Website via a credit
or debit card, or via such other method of making payment as is made available by BH.
- BH complies strictly with all applicable anti-money laundering and
anti-terrorism laws and adheres to these standards in preventing the use of its products and
services for money laundering purposes. BH may require that you submit additional
identification documents prior to you making a purchase at our sole discretion. You shall
ensure that any information or data you provide to BH in connection with your purchase is
accurate.
- Intellectual Property
- All copyright, patents, utility innovations, trademarks and service marks,
geographical indications, domain names, layout design rights, registered designs, design
rights, database rights, trade or business names, rights protecting trade secrets and
confidential information, rights protecting goodwill and reputation, and all other similar
or corresponding proprietary rights and all applications for the same, whether presently
existing or created in the future, anywhere in the world, whether registered or not, and all
benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for
any past, current or future infringement, misappropriation or violation of any of the
foregoing rights in the Website and/or BH’s Services are owned, licensed to or controlled by
BH (the “Intellectual Property”). BH reserves the right to enforce its Intellectual Property
to the fullest extent of the law.
- No part or parts of the Website and/or BH’s Services may be reproduced,
reverse engineered, decompiled, disassembled, separated, altered, distributed, republished,
displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any
manner or by any means or stored in an information retrieval system or installed on any
servers, system or equipment without BH’s prior written permission or that of the relevant
copyright owners. Subject to Clause 6.3 below, permission will only be granted to you to
view the Content for personal and non-commercial uses, provided that you do not modify the
Content and that BH or the relevant copyright owners retain all copyright and other
proprietary notices contained in the Content.
- All trademarks, service marks, trade names and logos used and displayed on
the Website and/or through BH’s Services (“Trademarks”) are registered and unregistered
trademarks of BH or third parties. Nothing on the Website, in BH’s Services and these Terms
shall be construed as granting, by implication, estoppel, or otherwise, any license or right
to use (including as a meta tag or as a “hot” link to any other website) any Trademarks
displayed on the Website and/or through BH’s Services, without BH’s written permission or
any other applicable trademark owner.
- You agree that in the event that any Intellectual Property is created,
maintained, kept in
your possession without BH’s written consent, used, exploited by you or any third party
through your consent or assistance, or disclosed by you to any third party whether directly
or indirectly, for any purpose other than the purpose other than the purpose expressly
consented to by BH in writing, you shall be liable to pay to BH: (a) a reasonable license
fee for the use, disclosure or exploitation equivalent to the loss suffered by BH for such
unauthorised use, disclosure or exploitation; or (b) a reasonable license fee for the use,
disclosure or exploitation equivalent to the profits or benefits gained by you for such use,
disclosure or exploitation.
- In the event that BH consents in writing to the use, disclosure or
exploitation of the
Intellectual Property by you, such consent shall be equivalent to a grant by BH to you of a
non-exclusive license to use the Intellectual Property in accordance with and limited to the
purposes stated in the written consent.
- When you participate in BH’s Services, including but not limited to BH’s
listing services,
you might be participating in an event where photography, video and audio recording may
occur. By participating in BH’s Services: (a) You consent to interview(s), photography,
audio recording, video recording and its/their release, publication, exhibition, or
reproduction to be used for promotional purposes, telecasts, advertising, inclusion on
websites, or for any other commercial purpose(s) that BH, its vendors, partners, affiliates
and/or representatives deems fit to use. You release BH, its officers and employees, and
each and all persons involved from any liability connected with the taking, recording,
digitising or publication of interviews, photographs, computer images, video and/or sound
recordings. (b) You waive all rights you may have to any claims for payment or royalties in
connection with any exhibition, streaming, webcasting, televising or other publication of
these materials, regardless of the purpose or sponsoring of such exhibiting, broadcasting,
webcasting, or other publication irrespective of whether a fee for access or sponsorship is
charged. You also waive any right to inspect or approve any photo, video, or audio recording
taken by BH or the person or entity designated to do so by BH. (c) BH’s Services will be
monitored for unauthorised recording. You agree not to record or digitise any parts of the
presentation. If you attempt to use a recording device, you consent to your immediate
removal from BH’s Services and forfeiture of the device. (d) You have been fully informed of
your consent, waiver of liability, and release before participating in any of BH’s Services.
- Third-Party Vendors
- You acknowledge that the Website lists and sell products from vendors
other than BH and its related parties (i.e. “Third-Party Vendors”) and they may list and
sell products on the Website. If you purchase product(s) sold by Third-Party Vendors, each
agreement entered into for the sale and purchase of a Third-Party Vendor’s product(s) shall
be an agreement entered into directly between you and the Third-Party Vendor only.
- Data Privacy and Confidentiality
- If you supply personal data and other information through the Website
and/or BH’s Services, then you consent to BH maintaining, using and disclosing such personal
data and other information as BH solely may deem necessary in order to maintain the Website
and/or provide BH’s Services.
- If you supply BH with information on behalf of another individual or about
your individual representatives, you are to ensure that such individual or representative
are aware (i) of these Terms and (ii) that they can contact BH by email to
admin@byteharvest.com
if they want to have access to the information that BH holds about them, to correct any of
that information or to request BH to cease using their contact details to send
communications to them.
- BH takes reasonable precautions to protect the security and privacy of
your use of the
Website and/or BH’s Services. However, BH reserves the right to disclose such information as
may be required by it under the law. 8.4 You agree to keep confidential any information
provided on the Website and/or through BH’s Services.
- Disclaimer and Limitation of Liability
- You should ensure that you have appropriate internet security arrangements
in place when accessing the Website and/or BH’s Services.
- The Website and/or BH’s Services contain information which are made available “as in” and
there are no responsibilities or warranties (express or implied) as to the accuracy, quality
or fitness for any particular purpose of the Website and BH’s Services or the contents
provided therein.
- The Website and/or BH’s Services may contain third party content, which is
provided “as is”,
without representation or warranty of any kind. BH does not warrant the accuracy,
timeliness, completeness, adequacy, truthfulness or fitness for any particular purpose of
any third-party content, and BH shall not be liable to any party with respect to any actual
or alleged inaccuracy, untimeliness, incompleteness, inadequacy, untruthfulness or
unfitness. Furthermore, whilst BH will exercise a reasonable degree of care and skill to
review third party content uploaded to Website, it shall not be liable for any breach of
intellectual property or other proprietary right asserted by a party who is not the
third-party content provider. If you are concerned about a potential breach of your
intellectual property rights, please let us know by email to admin@byteharvest.com
- BH shall not be responsible for the privacy policies and practices of
other sites even if
you access them using links from our Website and recommend that you check the privacy policy
of each site you visit and contact its owner or operator if you have any concerns or
questions. A link from the Website to an external website is not an endorsement or
recommendation
- If you have accessed this Website through a link from a third-party site,
BH shall not be
responsible for the privacy policies and practices of the owners or operators of that third
party site and recommend that you check the privacy policy of that third party site and
contact its owner or operator if you have any concerns or questions. 9.6 To the extent
permitted by law, BH shall not be liable under any circumstances for any loss or damage of
any kind including, without limitation, any direct, special, indirect or consequential loss
or damage, arising out of or in connection with the access or use of the Website and/or BH’s
Services, from any reliance that may be placed by any person on any information of whatever
nature which may be made available to that person as a result of using the Website and/or
BH’s Services, or from the violation of any of the provisions of these Terms by any users.
- No Recording or Copies
- Upon your successful registration to any solution, product, item or
service from the Website, you agree: (a) that you shall not whether directly or indirectly,
whether yourself or through third parties create, make, maintain or receive from third
parties, any copies and/or recordings or copies of any content distributed by the Website
and/or any party related to BH by photographic or electronic means whether electronic or
digital medium or otherwise on which an image is reproduced or from which an image may by
any means be produced and shall include any files, copies of documents, media or prints
howsoever stored or reproduced or any sound or video recordings made or created by BH and/or
any party related to BH including a recording of sound or image from which sounds or images
may be reproduced or a recording of the whole or part of a work or meeting or presentation
from which sounds or images reproducing any content created by BH and/or any party related
to BH may be produced (regardless of the medium in which the recording is made or the method
by which the sounds are reproduced or produced) (the “Prohibited Content”) without the
written consent of BH; (b) that if you have possession or custody of or control over, any
Prohibited Content, you shall immediately disclose such information in writing to BH,
immediately irreversibly destroy such Prohibited Content and furnish to BH objective
evidence that such irreversible destruction has been carried out; (c) that if requested to
do so by BH, you shall make a statutory declaration confirming that you do not have
possession, custody or control of any Prohibited Content or that you had completely and
irreversibly destroyed all Prohibited Content in your possession, custody or control; and
(d) that you shall not disclose to any third party or use any Prohibited Content without the
written consent of BH. 10.2 You acknowledge that the Prohibited Content are BH’s proprietary
products which are of significant commercial value and importance to BH and have been
provided to you by BH in confidence solely for the purpose authorised by BH and that the
Prohibited Content are provided to you by BH in good faith.
- Refund Policy
- BH’s refund policy is set out (if applicable) as follows: (a) You shall be
entitled to a refund, either full or partial, of payment made upon agreement and settlement
with the vendor to which payment was made to. (b) Deposit: You may be required to pay a
non-refundable deposit for certain solution, product, item or service from the Website (the
“Deposit”). You acknowledge and agree that in the event there are use of Deposits, Deposits
are strictly non-refundable. 11.2 In the event of over-subscription, or over-sale of any
solution, product, item or service from the Website purchasers who did not manage to secure
participation in the course shall have their payments fully refunded.
- Cancellation Policy (if applicable)
- Upon successful registration, you are deemed to have accepted all of the
terms and conditions contained in these Terms. Once your registration is successful, a
confirmation email will be sent to you via the contact details provided by you. In the event
of your failure to attend without any written notice in advance in accordance with the
provisions in Clause 11 above, you shall not be entitled to any refund.
- You acknowledge that BH reserves the right to make any amendments to the
delivery timing and or method of any solution, product, item or service from the Website. In
the event of any cancellation of delivery by BH, purchasers will be entitled to full refund.
- In the event that BH (for any reason whatsoever) is unable to deliver any
solution, product,
item or service from the Website as scheduled, BH reserves the right to reschedule the same
to an alternative date.
- Notices
- All notices or other communications given to you if: (a) communicated
through any print or electronic media as BH may select will be deemed to be notified to you
on the date of publication or broadcast; or (b) sent by post or left at your last known
address will be deemed to be received by you on the day following such posting or on the day
when it was so left.
- You may only give notice to BH in writing sent to BH’s registered address
as per listed on
the Website, and BH shall be deemed to have received such notice only upon receipt. BH shall
endeavour to respond promptly to notices from you but cannot guarantee that it will always
respond with consistent speed.
- Notwithstanding Clauses 13.1 and 13.2 above, BH may from time to time
designate other
reasonable modes of giving notices (including but not limited to e-mail or other forms of
electronic communication such as WhatsApp or Telegram) and the time or event by which such
notice shall be deemed given.
- Governing Jurisdiction
- These Terms shall be governed by and construed in accordance with the laws
of Malaysia. Any dispute arising out of the use or inability to use the Website and/or BH’s
Services shall be subject to the non-exclusive jurisdiction of the courts of Malaysia
