TERMS OF SERVICE

1.   INTRODUCTION AND APPLICATION

• Pingo Sdn. Bhd. (Registration No. 201701040957 (1255130-M)), who is the owner and operator of the e-commerce platform known as “PINGO” (hereinafter “PINGO”) allows its users to advertise, list, offer, sell or make available or buy any of the products and/or services at its website (the “Site”) or its mobile device application (the “App”) (hereinafter, the Site and the App collectively referred to as the “Platform”) in accordance with this Terms of Service ("Terms of Service"), and any other terms and conditions and privacy policy posted on the Platform.
• This page explains the terms by which you may use and access our online services and the Platform (collectively "Services"). Please read the terms and conditions as set out herein carefully and thoroughly before using the Platform or opening an account with us. You may use the Services only if you agree to and comply with this Terms of Service and all applicable laws, rules and regulations. If you are under 18, your parent or guardian must agree to this Terms of Service on your behalf, and will be responsible for your use of and access to the Services; this includes financial responsibility for any services you purchase through the Platform.
• By accessing or using the Platform, you agree that you have read, understood and agreed to be bound by this Terms of Service, PINGO Delivery Policy, found here [insert hyperlink] (“Delivery Policy”), Refund Policy, found here [insert hyperlink] (“Refund Policy”), PINGO Membership Policy, found here [insert hyperlink] (“Membership Policy”), PINGO Points Policy, found here [insert hyperlink] (“Points Policy”), PINGO Activity Policy, found here [insert hyperlink] (“Activity Policy”) and PINGO Privacy Policy, found here [insert hyperlink] (“Privacy Policy”) (collectively, “Policies Terms”).
• This Terms of Service is issued in both the English and Chinese languages. In the event of any inconsistency between these two versions, the English version shall prevail.

2.   VARIATION

• PINGO may at its sole discretion to change, amend, modify, add or remove this Terms of Service at any time and the revised version will be effective immediately that it is displayed on the Platform with no other notices provided to the users. By continuing to use the Platform, the users shall be bound by any revisions to this Terms of Service. You may discontinue using the Platform if you disagree to be bound by such new Terms of Service. It is your responsibility to review this Terms of Service on each occasion you visit the Platform. 

3.   DEFINITIONS AND INTERPRETATION

• In this Terms of Service:-

  • “Affiliate Store” means the affiliate store in the Platform set up and managed by a user, for the purpose of promoting and selling the products and/or services offered by PINGO;
  • "Applicable Laws" means, with respect to any person, any and all applicable constitutions, treaties, statutes, laws, by-laws, regulations, ordinances, codes, rules, rulings, judgments, rules of common law, orders, decrees, awards, injunctions or any form of decisions, determinations or requirements of or made or issued by, governmental, statutory, regulatory, administrative, supervisory or judicial authorities or bodies (including without limitation, any relevant stock exchange or securities council) or any court, arbitrator or tribunal with competent jurisdiction to which such person is subject;
  • "Business Day" means a day on which banks are open for business in Kuala Lumpur (other than a Saturday or Sunday);
  • “Force Majeure” means an event arising out of or caused by, directly or indirectly, beyond a party’s reasonable control, including, without limitation, strikes, lock-outs, work stoppages, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or the acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents and/or any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication services;
  • "Normal Member” means a normal member on the Platform pursuant to the Membership Policy;
  • “Order” means an order placed by a user for any goods and/or services provided, supplied and offered on the Platform;
  • "Personal Data" has the meaning ascribed to it in the Malaysian Personal Data Protection Act 2010;
  • “Pingo Activity” means events and activities in any form as it deems appropriate for the user to participate on the Platform to promote its products and/or services and encourage and sustain user’s interest in such products and/or services;
  • “Referee” means any individuals referred and introduced by the user to register as a member on the Platform as a Normal Member or VIP Member (as the case may be);
  • “Referral Benefits” means the benefits awarded by PINGO to any user who successfully refers and introduces individuals to register as a member on the Platform as a Normal Member or VIP Member (as the case may be);
  • "Service" means any service provided by us under this Terms of Service and/or on the Platform;
  • “Transaction Value” means the face value of Order paid by the user to PINGO in connection to any transaction made on the Platform;
  • “VIP Member” means a VIP Member on the Platform who enjoys certain privileges and benefits pursuant to the Membership Policy.
• The words "we", "us", "our" or any of their derivatives refer to PINGO and its successors and permitted assigns and any reference to PINGO includes a reference to such successor and permitted assign.
• The words “user”, "you", "your", "yours" or any of their derivatives refer to the person/ user using or accessing our Platform and shall include, as the context may require, personal representatives (as the case may be).

4.   ACCOUNT AND SECURITY

• An user is required to create an account at the Platform in order to gain access to the use of any services and functionality at the Platform that PINGO may establish and maintain at all material times and in its sole discretion.
• The user’s permission to use the Platform and/or the Services is conditional upon the user’s agreement that the user will provide accurate information when creating an account or registering with PINGO. PINGO has the absolute discretion to reject, approve, suspend or terminate the user’s creation of an account with PINGO and/or the user’s usage of the Platform and/or Services.
• By creating an account, the user agrees to receive weekly email newsletter and communication by PINGO. The user hereby acknowledges and consents that PINGO may access, preserve and disclose the user account information and Content (as defined below) to any legal regulatory, or government authority, the relevant rights owner, or third parties if required to do so by the Applicable Laws pursuant to an order of court or lawful request by any governmental or regulatory authority having jurisdiction over PINGO in accordance with the terms of the Privacy Policy.
• The user is solely responsible for the activity that occurs on the user’s account even if such activities or uses were not committed by the user, and the user must keep its account password secure. If a legal disputes or law enforcement action is commenced related to the user’s account for any reason, PINGO may terminate the user’s account immediately with or without notice. PINGO shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, the user’s failure to comply with this Clause.
• The user must notify PINGO immediately of any breach of security or unauthorized use of its account. PINGO shall not be liable for any losses caused by any unauthorized use of the user’s account.
• You must not misuse the Platform by deliberately introducing viruses, malwares, trojans, worms or other material that is malicious or technologically harmful designed to interfere with, destroy or limit the functionality of the Platform.

5.   CONDITIONAL USE OF OUR PLATFORM AND SERVICES

• PINGO grants the user a non-transferable and revocable license to use the Platform and/or the Services, subject to this Terms of Service. Any breach of this Terms of Service shall result in the immediate revocation of the license granted herein without notice to the user.
• Submissions or opinions expressed on the Platform are those of the individual posting such content and may not reflect PINGO’s opinions. PINGO is not liable for any loss or damage a user may suffer as a result of the publishing of inaccurate, misleading or fake information by any other user or any omission of information.
• PINGO cannot guarantee continuous or secure access to our Services, and operation of the Platform may be interfered with by numerous factors outside of PINGO’s control. Accordingly, to the extent legally permitted, PINGO makes no representations or warranties of any kind with respect to the systems operated by PINGO or any software and hardware provided, or any part thereof, express or implied, and shall not be liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages which may be suffered or incurred by the users or any third party in connection with the use of the Platform including (without prejudice to the generality of the foregoing) any loss of profit in consequence of a breakdown in providing the Services or part thereof.

6.   RATINGS AND REVIEWS

• The user may submit content to the Platform, including but not limited to any questions, ratings, reviews, communications, comments, texts, photographs, videos, sound, music, graphics, suggestions, ideas, code or any other data or materials pertaining to the goods and/or services and/or promotions provided, supplied and offered on the Platform (collectively, “Content”).

• By posting or otherwise making available any Content via the Platform, the user represents and warrants to the following:

  • The user shall not use a false e-mail address, pretend to be someone other than the user or otherwise mislead PINGO or any third party as to the origin of any Content.
  • That the Content supplied by the user constitutes personal and true opinion based on the user first-hand experience on such goods and/or services and/or promotions.
  • All content that the user submits is true, accurate, current and complete.
  • The content the user supplies do not breach any of this Terms of Service.

• The user further agrees and warrants that the user shall not submit any Content:

  • That is known by the user to be false, inaccurate or misleading.
  • That infringes any third party's copyright, patent, trademark, trade secret or any other intellectual or proprietary rights or rights of publicity or privacy.
  • That breaches any law, statute, regulation or ordinance (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
  • That discloses private information of any third party, including without limitation, addresses, phone numbers, email addresses, national insurance numbers and credit card numbers, or otherwise violates the rights of any third party, including without limitation, privacy rights.
  • That is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or harassing or discriminatory based on sex or gender to any other users and/or third party.
  • That is offensive, profane, vulgar, obscene or inappropriate language.
  • That impersonates, or misrepresents the user’s connection with, any entity or person.
  • That contains any computer viruses, worms or other potentially damaging computer programs or files.
• The user agrees that the user shall be solely responsible for the Content of its submission, and any comments the user makes. The user shall be solely liable for any damages resulting from any breach by the user from any harm resulting from the user’s submission of Content. PINGO does not represent or warrant that any Content submitted by the user is accurate, and or that it is free from mistakes, omissions, falsehoods, defamation, obscenity, pornography or profanity.
• The user agrees to indemnify PINGO (and its officers, directors, employees, affiliates, agents, subsidiaries, joint ventures, and any third-party service provider) and keep PINGO indemnified from any and all losses, damages (actual and consequential), liabilities (whether criminal or civil), claims, disputes, demands, causes of actions, costs and expenses (including reasonable legal fees and expenses), fines, or penalties of every kind and nature, known and unknown, arising out of, in connection with, or related to: (i) the user Content; (ii) any breach of the user’s representations and warranties as set out above; and/or (iii) any breach of any Applicable Laws, or the user’s interference with the rights of a third party.

• The user understands the Platform is public and that if the user posts any Content, PINGO may use, modify, edit, delete , translate or republish such Content and that the user agrees that any submission is non-confidential and non-proprietary and may be used in any manner or medium whatsoever by PINGO. For the avoidance of doubt, PINGO shall have the right, but not the obligation, to pursue any one or more of the following actions with regard to the user’s submissions and the user’s interactions via the Platform:

  • to monitor or review the user’s submission of Content;
  • to remove or refuse to post any Content within the Platform that PINGO deems, in its sole discretion, which violates the submission guidelines as may be prescribed by PINGO;
  • to suspend or terminate the user’s access to the submission of Content on the Platform as PINGO deems appropriate in the circumstances; and
  • to suspend the user’s account that violate the submission guidelines noted in this Clause 6.
• Provided that the Content does not violate any of PINGO’s content policy, PINGO reserves its right, and at its sole discretion, to maintain any negative Content pertaining to any goods and/or services unless it is proven otherwise by any of the users in writing to PINGO that the Content contains mistakes, omissions, falsehoods, defamation, obscenity, pornography or profanity, any breach of law or interference with the rights of a third party.
• PINGO reserves the right at any time, at its sole discretion, to change or otherwise modify any part of this Terms of Service with notice to the user, and the user’s continued submission of Content signifies the user’s acceptance of the updated or modified terms.

7.   PROMOTIONAL EVENTS

• PINGO may also, at its sole discretion, from time to time offer various promotions in any form as it deems appropriate to the user to create, encourage and sustain user’s interest in the goods and/or services and/or promotions provided, supplied and offered on the Platform.
• PINGO reserves the rights to introduce the promotion (individually or collectively) at intervals of its choice. PINGO may also provide separate terms and conditions governing each one of its promotion. While choosing to participate in the promotion, the user is, apart from these terms, requested to peruse and understand the separate terms which governs each individual promotion. Under certain circumstances, PINGO may, at its sole discretion, at any time and with prior notice to the user, withdraw, modify, suspend, cancel or delete all, or a part of the promotion or the terms and conditions governing such promotion.

8.   ELECTRONIC SIGNATURES

• For the purposes of the Applicable Laws and all other purposes, selecting ‘Submit’ or “Accept” when you are logged in as yourself is the electronic method for you to sign a form that you submit via the Platform.‌

9.   DISCLAIMERS AND LIABILITIES

• The information contained in the Platform is intended for general information only without any representations or any kind of warranties whatsoever (whether expressed or implied by law) about the completeness, accuracy, reliability, suitability or availability with respect to the Platform or the information, products, services, or related graphics contained on the Platform for any purpose.

• To the maximum extent permissible by Applicable Laws, in no event shall we be liable under any circumstances for:-

  • any loss or damage including but not limited to, incidental, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data, revenue, profits, goodwill or reputation arising out of, or in connection with, the use of the Platform;
  • other third party's content, actions or inactions, or vehicles/ services that are offered on third party sites linked through the Platform; or
  • the quality, safety, suitability or legality of products/ services advertised, the truth or accuracy of third party's content or listings, the ability of vendors to sell such products/ services; or
  • any liability at common law; or
  • in any other way.
• The Platform may contain links to other websites and other resources provided by third parties which are not under the control of PINGO. We have no control over the nature, content and availability of such sites and resources, and you acknowledge and agree that we shall not be liable for any damages or injury arising from the availability or contents of those websites. Any links to other websites are provided for your information only, and does not imply a recommendation or endorse the views expressed within them (which are not investigated, monitored or checked for accuracy or completeness by PINGO). We disclaim all responsibility and liability in respect of your use of or reliance on any such content available on or through any such site or resource. You agree that such site or resource shall be accessed and used at your own risks.
• PINGO takes no responsibility for, and will not be liable for, the Platform being temporarily unavailable due to technical issues beyond our control. We reserve the right to restrict, suspend or terminate the Services at any time without incurring liability of any kind to you.
• Commentary and other materials posted on this Platform are not intended to amount to advice on which reliance should be place. We are not liable or responsible for any reliance placed on such materials by you or anyone who you may inform of any of its contents.
• PINGO does not warrant that the Platform and any and all of its related facilities or services will be free of interruption or error, that defects will be corrected, or that the system running the Platform is free from bugs, viruses or other harmful components.
• Subject to the provisions under this Clause 9, our total liability to you arising under this Terms of Service shall not exceed the total amount payable under the relevant transaction value.

10.   PERSONAL DATA PROTECTION

• Information provided to us through the Platform may include Personal Data. We will collect and use Personal Data in accordance with our Privacy Policy. Our Privacy Policy also contains information about how we handle and safeguard Personal Data, rights to request access to and correction of Personal Data and to withdraw the consent given to PINGO. You further acknowledge and agree that any data and/or documents which you provide to the Platform may be transmitted and provided to PINGO.

11.   SUSPENSION AND TERMINATION OF YOUR ACCOUNT

• PINGO reserves all rights to terminate this Terms of Service, in whole or in part, or revoke any or all of the user rights granted under this Terms of Service (a) at any time, without assigning any reasons; and/or (b) in the event you have breached any of the provisions of this Terms of Service. Any termination of this Terms of Service shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

• PINGO may also cancel or suspend the user’s account at any time with or without notice if PINGO reasonably believe that:

  • the user has breached any of the provisions of this Terms of Service; and/or
  • the user has given us incomplete, inaccurate, false or misleading information during the registration process or in any form submitted to us; and/or
  • the user or someone else is improperly using the Platform.
• Without limiting other remedies available to us, we may limit, suspend, or terminate our Services and your accounts, prohibit your access to the Platform and its content, delay or remove hosted content, and take technical and legal steps to keep you off the Platform if we believe that you are creating problems or possible legal liabilities, infringing our Intellectual Property (as defined below) and/or the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-site transactions, feedback manipulation, circumventing temporary or permanent suspensions or users whom we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and in our discretion, suspend or terminate accounts of users who may be repeat infringers of our Intellectual Property (as defined below) and/or the intellectual Property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
• You may cancel your account at any time by writing to us via email to enquiry@pingo.shopping.

12.   INTELLECTUAL PROPERTY RIGHTS

• All proprietary content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Platform are the property of PINGO and where applicable, third party proprietors identified in the Platform. No right or licence is granted directly or indirectly to any party accessing the Platform to use or reproduce any Intellectual Property, and no party accessing the App shall claim any right, title or interest therein. By using or accessing the Platform and/or Services, you agree to comply with the copyright, trademark, service mark, and all other Applicable Laws that protect the Services, the Platform and its content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Platform or its content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of the Platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our content, without our prior written consent (such consent is deemed given for standard search engine technology employed by internet search websites to direct internet users to the Platform).
• If you reasonably believe someone is infringing your Intellectual Property in any content published in our Platform, please make a report with details of the alleged infringement to our Customer Service. We will look into the matter and take actions as we deem necessary at our sole discretion.

13.   CONTENT AND LINKS

• Parties other than PINGO may list products and/or services on the Platform, and the Platform may link to the sites of PINGO’s affiliated companies and certain other companies. PINGO is not responsible for examining or evaluating, and does not warrant the information of such business or individual or the content of their websites. PINGO does not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
• The Services may contain information supplied by third parties and links to internet sites maintained by third parties. PINGO does not, in any respect, control such content or operate such sites and does not guarantee the availability of any email from or links to third-party sites. Third-party’s content and links are included solely for the convenience of users, and do not constitute any endorsement by PINGO.

14.   COMPLAINT

• PINGO places great value on our customer satisfaction and take complaints seriously. A user may report any user behaviour that you deem as inappropriate by making a report through our in-app reporting function, and we will review each complaint and remove accounts which have violated our Terms of Service.
• PINGO aims to respond to the customer complaints within three [3] business days. All complaints should be addressed to PINGO Customer Service at: (a) our page at http://pingo.shopping; (b) our helpline: +603-2202 3222; or (c) our email: enquiry@pingo.shopping. For additional help or queries, you may also contact our Customer Service, and we will provide you with additional information and address any concerns which you may have.

15.   ACCESS AND INTERFERENCE

• The Platform contains robot exclusion headers. Much of the information on the Platform is updated on a real-time basis and is proprietary or is licensed to PINGO by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Platform for any purpose without our express written permission.

• Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion) any unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Platform without the prior expressed written permission of PINGO and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.

16.   NO WARRANTIES

• You will not hold us responsible for other users' content, actions or inactions, or items they list, including things they post. We are merely responsible for operating and managing the Platform and make reasonable efforts in order to maintain efficient services.
• We cannot guarantee continuous or secure access to our Services, and operation of the Platform may be interfered with by numerous factors beyond our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Platform and Services.
• All materials, information, software, products, services and other content contained in the Platform, or obtained from a linked in the Platform is provided to the user “as is” without warranty or conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. PINGO has made reasonable efforts to post current and accurate information on the Platform; however, we assume no responsibility for any errors, omissions or inaccuracies whatsoever in the information provided in the Platform. Under no circumstances will PINGO be liable for any loss or damage caused by the user’s reliance on information obtained through the Platform. It is the user’s responsibility to evaluate the accuracy, completeness and usefulness of any information provided, and use of the Platform is solely at the user’s own risk. Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to some users.

17.   LIMITATION OF LIABILITY

• The user specifically agrees that PINGO shall not be responsible for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Platform. The user specifically agrees that PINGO is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. The user specifically agrees that PINGO is not responsible for any content sent using the communication services and/or included in the Platform by any third party.
• In no event shall PINGO be liable for any special, incidental, indirect, punitive or consequential damages of any kind, or any damages whatsoever, whether in contract, tort, strict liability or otherwise, (including without limitation, those resulting from: (1) reliance on the materials presented, (2) performance of the services by the users, (3) loss of use, data or profits, (4) delays or business interruptions, and (5) any theory of liability) arising out of or in connection with the use of, or inability to use the Platform, whether or not PINGO has been advised of the possibility of such damages.
• PINGO shall not be liable for any damages, liability or losses arising out of your use of or reliance on the services or your inability to access or use the services, even if PINGO has been advised of the possibility of such damages. PINGO shall not be liable for delay or failure in performance resulting from causes beyond PINGO's reasonable control.

18.   FORCE MAJEURE

• Neither party shall be liable to the other party or be deemed to be in breach of this Terms of Service by reason of any delay in performing, or any failure to perform, any of that party’s obligations under this Terms of Service, if the delay or failure was due to a Force Majeure, provided that such party shall:

  • as soon as practicable, serve on the other party written notice thereof specifying the particulars of the Force Majeure event, the extent to which such party is unable to discharge or perform its obligations, the cause(s) for the inability of such party to perform or discharge its obligations and the estimated period during which such party is unable to perform or discharge its obligations; and
  • where applicable, promptly take and continue to take all action within its powers to minimise the duration and effect of the Force Majeure event on such party.
• The party that may invoke this Clause 18 shall make commercially reasonable efforts to reinstate its ongoing obligations to the other party as soon as practicable.

19.   NOTICES

• The users hereby consent to all notices and other communications which are required under this Terms of Service can be given by PINGO in any one of the following manners:

  • By ordinary post to the user’s last known address in our records and such notification shall be deemed received two (2) days after posting;
  • By electronic mail to the user’s last known email address in our records and such notification shall be deemed received twenty-four (24) hours after sending;
  • By being displayed on the Platform and such notification shall be deemed effective upon such display;
  • By notification in whichever form as PINGO deems fit to the user’s account on the Platform; or
  • By notification to the user in any other manner as PINGO deems fit.

• Any notice to be given to PINGO shall be in writing and shall be delivered by hand or by prepaid, registered or recorded delivery post or by electronic transmission to the following address and/or email address:-

  Address: B03-C-09, Menara 3A, KL Eco City, No.3 Jalan Bangsar, 59200 Kuala Lumpur. Email: enquiry@pingo.shopping

20.   GENERAL

• Indemnity

  • You agree to indemnify, defend and hold PINGO and any of its directors, agents and employees harmless from and against any threatened or actual claims, actions, suits and demands and any resulting losses, liabilities, costs and expenses, including but not limited to attorneys’ fees on solicitor-client basis, which arise in connection with or are related to (a) your breach of this Terms of Service, (b) your negligence or misconduct, (c) your violation of any Applicable Laws or (d) PINGO’s enforcement or attempt to enforce the obligations of the user; other than where any such claim, liabilities, damages, costs, judgments losses or expenses arises solely as a result of PINGO’s negligence.
  • Notwithstanding any other provision herein, it is agreed that neither party shall be liable to the other party for any loss of profit, goodwill, business opportunity, and anticipated savings or for any indirect, special or consequential loss or damage suffered or flowing from this Terms of Service, even if reasonably contemplated or if such other party has been advised of the possibility of such loss or damage.

• Governing Law And Jurisdiction

  • This Terms of Service shall be governed and construed in accordance with the laws of Malaysia, without regard to the conflicts of law rules of such jurisdiction.

• Assignment

  • You shall not assign any or all of its rights or obligations under this Terms of Service without the written consent of PINGO. PINGO is entitled at any time to assign to any other party all or any part of a debt and/or PINGO’s rights and/or obligations pursuant to this Terms of Service.

• Third party rights

  • This Terms of Service is entered into between you and PINGO. No other third party has any rights to enforce any of the terms under this Terms of Service.

• Unenforceable provision

  • If a provision in this Terms of Service is wholly or partly invalid or unenforceable, the provision or the part of it that is invalid or unenforceable must, to that extent, be treated as deleted from this Terms of Service. This does not affect the validity or enforceability of the remaining provisions.

• Survival of provision

  • All disclaimers, indemnities and exclusions herein shall survive the termination of this Terms of Service.