These Terms of Use (together with the Privacy Policy) tell you the terms on which you may use our website https://vicinity.centre/ (our “site”) and mobile application (our “app”) whether as a guest or registered user, including accessing and browsing our site and/or app and registering via our website or app to receive updates from us about our products and services (together our “Services”). Please read these Terms of Use carefully before you start to use our Services, as these will apply to your use of our Services. By using our Services, you confirm that you accept these Terms of Use and agree to comply with them. If you do not agree to these Terms of Use, you must not use our Services. We recommend that you print a copy of these terms for future reference.

These Terms of Use refer to the following additional terms, which also apply to your use of our Services: Our Privacy Policy, which sets out how we handle the personal information we collect from you, or that you provide to us. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate.

We consider ourselves a progressive company and, therefore, we may amend these Terms of Use from time to time. Changes to the law, technology, services and responses to your feedback may all influence our evolution and, therefore, the relevant changes will be made. Every time you wish to use our Services, please check these Terms of Use to ensure you understand the terms that apply at that time, as they are binding on you. We may update or change the content on our site or app from time to time. These terms were most recently updated on 20 September 2023.

Our site is directed to people residing in Malaysia. You must be 18 or over and resident in Malaysia to register for our Services. By doing so, you confirm that you are of the required age and a Malaysian resident.

We do not guarantee that our Services, or any content on them, are free from errors or omissions, nor do we guarantee that our Services will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. We will not be liable to you if for any reason our Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Services. To the extent we process any data submitted by you, we will process that data in compliance with the appropriate data protection legislation then in force and our Privacy Policy. You are also responsible for ensuring that all persons who access our Services, our site or app through your internet connection are aware of these Terms of Use and other applicable terms & conditions and that they comply with them.

To set up a personal data account (PDA) with Dataswyft Sdn Bhd (“Dataswyft”) you must agree to Dataswyft’s separate PDA terms and conditions and privacy policy (Dataswyft’s Terms). You can use your PDA to store, manage and share your personal data in a secure way. Once you have registered on our site or app and accepted Dataswyft’s Terms, we will arrange with Dataswyft for your PDA to be created. You are responsible for all activities that take place in your PDA account, whether or not they are carried out by you. You must not disclose any username or password you may create for your PDA account to any third party. We have the right to withdraw our Services if, at any time, in our reasonable opinion you have failed to comply with these Terms of Use. Dataswyft may take similar action under its terms – please see their terms for details.

Vicinity is a community-based technology vehicle to help micro and small businesses save on app costs, while allowing us who have better capacity than them to protect your data. 

Hence, any links to other services, websites and resources are provided by third parties which you have subscribed to. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. While we have processes in place to review third parties' access to Vicinity on a periodic basis, we have no control over the contents of those sites or resources. You should take precautions when downloading files from all service providers and websites to protect your computer from viruses and other destructive programs. If you decide to access any external sites, you do so at your own risk.

Our Services may include information and materials uploaded by other users, including any information uploaded by other users in connection with our online community. This information and these materials have not been verified or approved by us. The views expressed by other users do not represent our views or values.

You may not use our Services to transmit, retrieve or store any communications or other content of a defamatory, discriminatory, harassing or pornographic nature. No messages with derogatory or inflammatory remarks about an individual’s race, age, disability, religion, national origin, ethnicity, nation of citizenship, physical attributes, political affiliation, socio-economic status, or sexual preference may be transmitted. Harassment of any kind is prohibited. Use of our Services for any illegal or unauthorised activities, including piracy, cracking, extortion, blackmail, copyright infringement and unauthorised access is forbidden. You may not modify, adapt or hack our site, app or Services or modify another website so as to falsely imply that it is associated with us.

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Malaysian law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services or any content on them, whether express or implied. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use or our Services. We only provide our Services for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of sales, loss of business, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of websites linked on our site, app or within our Services. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

We will only use your personal information as set out in our Privacy Policy.

We do not guarantee that our Service will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software. You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our site and are stored or any server, computer or database connected to our site or app. You must not attack our site or app via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site or app in any website that is not owned by you. Our site or app must not be framed on any other website/service, nor may you create a link to any part of our site or app other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our site or app other than that set out above, please contact us.

Comments and suggestions for improvements (“Feedback”) are always welcome. You acknowledge and expressly agree that any contribution of Feedback by you does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback will become the sole and exclusive property, and we may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary rights, or other right or claim. By submitting the Feedback to us, You are assigning any and all right, title and interest to any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property rights that you may have in and to any and all Feedback.

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These Terms of Use, their subject matter and their formation, are governed by Malaysia Law. You and we both agree that the courts of Malaysia will have jurisdiction.