TERMS OF USE FORPARTNERS

General Terms

These Terms of use (“Terms”) govern your access or use by you of the information service platform (“Platform”) through our website and applications (together referred to as “Applications”) to receive services made available by Acorre Sdn. Bhd. (or referred to as “Acorre”, “we” or “us”),

The “Services” we provide or make available include (a) the Platform, and (b) the services provided by the Platform and/or by Acorre Partner and/or made available through the Platform. Any new features added to the Services are also subject to these Terms. These Terms govern your use of Services provided by Acorre Partner.

The word “Merchants”, “Services Providers”, “Sellers” or “Acorre Business Users” carries the same meaning and is referring to the Acorre Business Users who sells or markets certain products or services to the consumers in Acorre Community.

Please carefully read through and understand these Terms before accessing or using the Platform. These Terms, whether stated or otherwise referenced herein, set forth rights and obligations and constitute a legal agreement between Acorre and you.

By using or accessing the Platform, you hereby expressly affirm and declare that:

you have read and understood these Terms

you will comply with these Terms (including all other terms, policies, notices, guidelines, and forms referenced herein);

you are at the age of legal majority in your place of residence and otherwise legally competent to enter into contracts;

you have the authority to enter into these Terms personally; and

you agree that all agreements, notices, announcements, and any communications may be provided to you electronically and such communications shall be deemed to have satisfied any legal requirements for communications to be made in writing.

If you do not agree with the Terms, please do not access or use or continue using the Application, or the Services.

Through our Platform, the words “you” or “your” in these Terms refer to all individuals and other persons who access or use the Platform., including but not limited to any organizations or entities that enroll or otherwise access or use the Platform through their respective representatives or employees (“Users”).

In these Terms, “Applicable Law” means, unless stated otherwise, the applicable Malaysian laws, rules, regulations, directives, regulatory guidance, policies and/or orders governing payments and all services provided hereunder.

Acorre reserves the right to amend, vary, change or modify these Terms (including any additional terms and conditions or policies, which are published on the Platform and incorporated into these Terms) at any time. We encourage you to review these Terms regularly to stay informed and updated about our practices. The changes of the Term are effective when the revised Terms are published unless we notify you otherwise. You will be deemed to have agreed to the amended Terms (whether or not reviewed by you) by your continued use of the Platform following the date on which the amended Terms are published.

If you have any questions, you may reach out to us via the Support Center available on the Platform.

Our Services

2.1 Acorre Partner is a platform designed to connect you as a partner to our registered merchants or service providers (“Merchants/Service Providers”) to work together in the provision of services to customers. Acorre is not privy to any engagement of Acorre Partner by the Merchants/Service Providers and Acorre does not involve in any of the dealings between Acorre Partners and the Merchants/Service Providers.

2.2 These terms do not create an employment relationship, joint venture, partnership or agency relationship between you and Acorre.

2.3 Any services rendered by you are deemed as services rendered for the Merchants/Service Providers, and not Acorre. Acorre is merely a facilitator which provides you and the Merchant a Platform for ease of services arrangement.

2.4 You acknowledge and agree that the content on the Platform and any related service(s) is provided to you on an “as is” and “as available” basis, and that your use of or reliance upon the Platform and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion.

2.5 While Acorre makes reasonable efforts to ensure the provision of the Platform and the Services we offer, are available and up-to-date at all times, we do not warrant, represent or guarantee that the Platform shall be provided in a manner which is secured, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.

Registration of User Account

3.1 In order for you to use the Services, you are required to register for an account (“Account”) with Acorre Partner.

3.2 During Account registration, you are obligated to provide your personal information, including but not limited to your name and contact information directly or indirectly in accordance with Acorre’s Privacy Policy.

3.3 To increase protection of your account, Acorre implements Two Factor Authentication (TFA) whereby in addition to login credentials, you will also be required to enable a second validation through an authentication app set up in your mobile phone that will provide you with a validation code for login purpose.

3.4 Once the Account registration is successfully completed with Acorre, you will be provided with an Account, accessible with a password of your choice. No persons under the applicable age limitation should use the Services and failure to adhere to the age limitation or comply with the age limitation requirement will lead to cancellation or termination of account and/or any other legal liabilities.

3.5 You are only allowed to be enrolled as partner to one Merchant at a time. Both you and the Merchant has the discretion of terminating the enrolment at any time.

3.6 You agree that the details entered and maintained by you are accurate, complete and valid. Acorre is not liable for false, incomplete, old or incorrect registration information provided or misrepresented by you. Your failure to enter or maintain accurate, complete, and valid information may result in your inability to access and use the Services. You are responsible for all activity that occurs under your Account. Acorre is entitled to verify the information which you have provided to Acorre and deny your access to the Services without providing reasons and prior notice.

3.7 You acknowledge and agree that it is your responsibility to acquire and update a compatible hardware or device which is necessary to access and use the Services and the Applications. Acorre does not guarantee that the Services or Applications will function or run smoothly or without interruption on any particular hardware or device.

While using the Services you agree that:

you have attained the age of legal majority in your place of residence and otherwise legally competent to enter into contracts;

you will only provide true, accurate, complete information as required for the Services and Applications and it is your responsibility to maintain and update your information in a timely manner;

you will provide proof of identity or any other documents, permits, driving licences and/or approval which may be reasonably requested from the Acorre Merchants/Service Providers during enrolment;

you shall only access the Services using means explicitly authorized by Acorre;

the Platform and Services provided will solely be used by you, for your personal use and will not be resold to any third party;

you will not authorize or delegate others to use your Account;

you are only allowed to open a single Account;

you are not allowed to transfer your Account to any other person or legal entity;

you cannot use an account that is subject to any rights of a person other than you without appropriate authorization;

Acorre holds the right to include/exclude the Users from promotional offers;

you will only use the Applications, Platform and Services for their intended and lawful purposes;

to keep your account password or any identification credentials on the Platform and Applications secure and confidential.

to comply with all the Applicable Law while using the Services;

you shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. Acorre reserves the right to take legal action against any person who involves in such activity;

you shall not attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform;

shall not collect or harvest any personally identifiable information, including but not limited to account names, from the Platform;

you shall not commercially exploit any part of the Applications without Acorre’s permission;

you shall not engage in threatening, harassing, discriminatory (based on race, gender, age, disability, or any other protected classification) or any other behavior that Acorre deems inappropriate when using the Services;

you agree to notify us immediately of any unauthorized use of your account or any suspected breach of security; and

you agree to grant Acorre the rights to share your information and/or permitted information, with any third parties in accordance with Acorre’s Privacy Policy.

The Services cannot be used for unlawful purposes, including but not limited to –

violation of Applicable Law;

storing or sending any unlawful material;

sharing of sensitive personal information of others, without their consent

causing intentional harm, nuisance, inconvenience or annoyance, including sending spam or otherwise duplicative or unsolicited messages;

impairing, circumventing or harming the proper operation of the Services;

exhibiting the tenor of impersonating another person; or

copying or distributing the Services without the permission of Acorre.

Provisions of Services

4.1 By using the Services and in your provision of service as Acorre Partner, you also represent, warrant and undertake that:

You possess a valid driver’s license and/or any other applicable licenses or permits required in the jurisdiction to perform the relevant service. For avoidance of doubt, Acorre is not responsible and/or obligated to verify your personal information and/or such documents, licenses or permits prior to giving you access to the Services.

You have the legal right or authority to operate the vehicle, equipment and/or transport which is used in the course of your provision service as Partner;

You possess the required insurance policy including but not limited to liability insurance and vehicle insurance (according to industry-standard coverage amount);

You shall be solely responsible for any and all demands, claims, judgments and liabilities resulting from any accident, loss or damages including but not limited to personal injuries, death, losses and damages which is due to or is alleged to be a result of your provision of service;

In the course of providing service, you shall obey to all Applicable Laws;

You are prohibited from carrying, possessing and/or distributing prohibited items, including but not limited to illegal drugs;

You shall not contact consumer or customer for your own purpose other than those in connection with the Services; and

Any cost incurred in the course of communicating with the consumer or customer (including telco charges) shall be solely borne by you.

Acorre reserves the right to terminate your Account, the Services and/or your use of the Application in the event of complaint of non-compliance with any of the above requirements was received from Acorre Merchants/Service Providers or the consumers. Since Acorre is merely a facilitator in connecting the Acorre Partner to Acorre Merchant, Acorre is not obligated to investigate any complaint received prior to the suspension or termination of your account. Acorre reserves the right to modify, terminate or suspend the Services to you at any time, without prior notice, due to any changes in our internal policy or the Applicable Laws or any breach of these Terms by you, or for any necessary reason at Acorre’s sole discretion.

4.3 Any cancellation, modification or changes related to your Service shall be communicated directly between you and the Merchants/Service Providers, and not through Acorre.

Communication

By creating an Account, you electronically agree to accept and receive communications from Acorre and Sellers including via email, text message, calls, and push notifications to the mobile device or cellphone number you provide to Acorre.

Payments on the Services

6.1 Use of the Platform and/or Application as Acorre Partner is free of charge at the moment. However, Acorre reserves the right to impose fee or charges as it deems fit.

6.2 Since Acorre is merely acting as a venue to connect Acorre Partner to Acorre Merchants, any enrolment with Merchants/Service Providers, will be considered as Merchant’s responsibility. Acorre will not involve in the arrangement between Acorre Partner and Acorre Merchants/Service Providers, including the payment arrangement.

Personal Data (Personal Information) Protection

By registering an account and/or using the Platform and/or Services, you agree and consent to Acorre and any of its affiliate companies collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is incorporated by reference herein or via the links on our Platform.

You further acknowledge that in the course of your use of the Applications, Services and/or the Platform, Acorre may disclose Personal Data of other individuals to you and you represent and warrant that you will only use such Personal Data for the purpose of which it was disclosed to you for, and not for any other purposes.

Intellectual Property Ownership

8.1 Acorre shall exclusively own, whether registered or unregistered, all right, title and interest of all trademarks, logos, images, brand elements, service marks and/or any other related intellectual property rights in and to the Platform, as well as the Services (collectively referred to as “Intellectual Property”). Unless you have obtained our prior express written consent and/or authorization, you may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Intellectual Property owned by Acorre in any way. The use of the Intellectual Property on any other website not approved by us is strictly prohibited. Acorre will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Acorre neither warrants nor represents that your use of materials displayed on the Platform will not infringe rights of third parties not owned by or affiliated with Acorre. The use of any materials on the Platform is at your own risk.

Disclaimers

The Services are provided on “as is” and “as available” basis. Acorre makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any services requested through the use of the Services, or that the Services will be uninterrupted, virus-free or error-free.

Acorre does not in any way involve or interfere in the sale of Goods or provision of Services by the Sellers. You agree that the entire risk arising out of your use of the Services, and any service or good requested or rendered in connection therewith, remains solely with you, to the maximum extent permitted under Applicable Laws.

As Acorre Partner, you shall never hold yourself to be agent, staff, employee, representative of Acorre and any services provided by Acorre. Partners shall never be deemed to be provided by or associated with Acorre.

Limitation of Liability

Acorre shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have rendered service, including but not limited to –

loss, damage or injury arising out of the use of Services, Platform and/or Applications;

any reliance placed by you on the accuracy or existence of any advertising; and/or

as a result of any relationship or transaction between you and any consumer, merchant, vendor, partner or any other third-party, even if Acorre has been previously advised on the possibility of such damages.

Acorre will not be a party to disputes, negotiation of disputes between you and consumer/customer or other parties including merchants and/or vendor. You agree to expressly waive and release Acorre from any and all demands, claims, liabilities, causes of action or losses and damages arising from your use of the Services, Platform and/or Applications.

You expressly acknowledge and understand that it is entirely your responsibility as a Acorre Partner to schedule your service or appointment reasonably. Acorre shall not be held liable for any losses or damages caused by the delay and/or non-performance of your service.

In the course of your provision of service as Acorre Partner, you are required to comply with all Applicable Laws. Acorre shall not be held liable for any form of loss, damage, injury or death occurred in the course of your service rendered to Acorre Merchant.

Indemnity

You agree that you shall indemnify and hold Acorre, its affiliates, officers, directors, members, employees, agents harmless from and against any and all claims, damages, liabilities, losses and/or costs (including legal fees and/or costs) arising out of –

your use of the Platform and/or Acorre services;

breach or violation of these Terms.; and/or

infringement by you or other third party using your account or identity.

11.2 You further agree that you will use your best endeavour to co-operate and assist us in possible defences should the need arises.

12. Third Party Links and Websites

The Platform may contain links to other third-party products, websites, contents, services and offers and by clicking on these third-party links, you agree to do so entirely at your own risk. You acknowledge that these third-party links, products, websites and services are not owned or controlled by us. We do not control or endorse these third-party websites or links and shall not be responsible for the content, functionality, security, services, privacy policies, or other practices of these third party linked pages. We accept no liability or responsibility for any errors, omissions, defamation, libel, slander, obscenity, misrepresentation, inaccuracy, losses or damages which may be suffered by you in relation to your access and use of these third-party links and websites.

13. Termination

These Terms of Use will begin on the date of your completed registration of Acorre Partner Account (“Account”) and continue until terminated by us or by you based on the following terms.

Notwithstanding the above and without prejudice to our rights to other remedies, we may suspend or terminate your Account for any reason without notice and at any time if we reasonably suspect that you have engaged in fraudulent activity in connection with the use of our Services or considers your use of Account to be an abuse or misuse or breach of Terms of use by you.

Acorre may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Platform and we shall not be required to compensate you for termination.

Upon termination, you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of such termination.

Acorre is not obligated to intervene and/or involve in any dispute arising between you and Acorre Merchants and consumers.

14. Amendments

Acorre may amend these Terms at any time in its sole discretion, and the amended Terms shall be effective immediately upon posting. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platform immediately. By continue using our Platform, you are deemed to have understood, agreed and accepted our Terms

15. Severability

If any provision of these Terms is found to be invalid or unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision/term shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision in these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

16. Governing Law

These Terms shall be governed by and construed in accordance with Malaysian law. In the event any dispute arising out of or in connection with these Terms cannot be resolved via Acorre Support Centre, the Courts of Malaysia shall have exclusive jurisdiction in respect of any dispute arising out of or in connection with these Terms.

17. Prevailing Language

In the event of a dispute as to the Terms, the English version shall prevail in case of any inconsistencies with translated versions.

PERSONAL DATA PROTECTION AND PRIVACY POLICY

Published: dd/mm/yyyy

In compliance with the laws of Malaysia, in particular Personal Data Protection Act 2010 (“the Act”) and its regulations, this notice is issued to all our valued clients and/or prospective clients. This notice will inform you of your rights with regards to your personal data that has been and/or will be, collected and processed by us.

Acorre Sdn. Bhd. (referred to as “Acorre”,”our”, “us” or “we”) is committed to protecting your personal data and privacy.

What data or information do we collect?

In processing activities conducted on our Platform, we will need to collect, use, disclose and/or process data and information about yourself, your organization and/or your employees (“Personal Data”) to enable to such functions in Clause 2.

The Personal Data may include personal details such as name, identity card number, date of birth, gender, race, religion, contact details, residential address, office address, email address, occupation, designation, bank account details, marital status, information as to mental and physical health or other such data as necessary for the performance of our services to you.

If you provide us Personal Data about another person (“Data Subject”), you confirm that the other data subject has appointed you to act on his/her behalf and has agreed that you can:

Give consent on his/her behalf to the processing of his or her personal information;

Receive in his/her behalf any data protection notices; and

Warrant that you have obtained his/her consent for us to store his/her information.

Why do we collect Personal Data?

We however note that certain Personal Data provided by you does not require consent from the data subject as it falls within the exceptions provided by data protect legislations.

The Personal Data collected is relevant for the following purposes (“Purpose”) –

the delivery of services or marketing of such services whether present or future to you;

to facilitate payment of our services;

for internal user’s management, record keeping, audit, risk management and security purposes;

to comply with any legal or regulatory requirements in relation to our provision of services;

to make disclosures under the requirements of any applicable law, by-law, regulation, court order, direction, guideline, code, circular applicable to us; and

for or in connection with all other purposes necessary or incidental to our operations and purposes necessary for or related to any of the above Purposes.

The failure to provide such Personal Data may result in us being unable to provide you with the services requested.

Disclosure of Personal Data

We may share your Personal Data with:

Consumers, customers, merchants, vendors and/or third-party service providers for the purposes of performing service or supplying Goods;

service providers who help with our business operations (such as an accountant, auditor, insurer information and technology service provider);

any person to whom we are compelled or required to do so under law or in response to a competent regulatory authority or government agency or industry regulators;

third parties (including those overseas) who provide data processing services, any credit reference agencies or, in the event of default; and

any other person that may relevant to our business and functions or to carry our any of the Purposes.

We take every measure to provide a comparable level of protection for personal data should the information be processed by Merchant or other entities. Acorre is committed to complying with the laws of Malaysia, in particular Personal Data Protection Act 2010, in particular, its policies as well as corresponding guidelines and orders.

Transfer of Personal Data Overseas

In providing our services to you, it may be necessary for us to forward Personal Data to relevant overseas third-party service providers, under conditions of confidentiality and as allowed by our data protection laws.

Change to this Policy

We reserve the right to change, modify or update this Personal Data Protection & Privacy from time to time without prior notice.

Right to Access and Modifications

You have the right to request access to your Personal Data held by us and to correct it to ensure that it is accurate, complete and up-to-date.

If you have any requests (including to opt out from receiving any marketing materials) or any questions in relation to data protection at Acorre, you can contact us at privacy@acorre.com

By providing to us your personal data, you hereby consent to the processing of your personal data in accordance with all of the foregoing.

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