s GK-End-User License Agreement

End-User License Agreement

End-User License Agreement
IMPORTANT – READ CAREFULLY

YOUR USE OF THE APP DOWNLOADABLE TO YOUR APP-ENABLED MOBILE DEVICE (THE “GOODKREDIT APP”) IS CONDITIONAL UPON YOUR COMPLIANCE WITH, AND ACCEPTANCE OF, THE TERMS AND CONDITIONS SET OUT IN FOLLOWING AGREEMENT. YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE ACCEPT BUTTON OR SIMILAR BUTTONS OR LINKS AS MAY BE DESIGNATED BY GOODKREDIT APP TO SHOW THESE TERMS AND/OR TO INSTALL THE GOODKREDIT APP, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT. YOU WILL NOT BE PERMITTED TO USE THE GOODKREDIT APP AND THE ASSOCIATED GOODKREDIT APP SERVICES UNLESS AND UNTIL YOU ACCEPT THIS AGREEMENT AND ANY OTHER RULES OR POLICIES THAT GOODKREDIT APP MAY CREATE AND MAKE AVAILABLE ON ITS WEBSITE FROM TIME TO TIME.

This End-User License Agreement (the “Agreement”) is made between you (“You”) and FORTUNE TREE CAPITAL SDN BHD (the “Company”), stating the terms that govern your use of the GoodKredit App (referred to in this agreement as the "Licensed Application").

WHEREAS, the Licensed Application is licensed, not sold, to You for use only under the terms of this license, unless a Company product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement.

WHEREAS, the Company reserves all rights not expressly granted to You.

WHEREAS, this Agreement is subject to occasional amendment by the Company.

NOW THEREFORE, the parties hereby covenant with each other and agree to be bound by the following terms and conditions:

  1. Scope of License. This license granted to You for the Licensed Application by the Company is limited to a non-transferable license to use the Licensed Application on any supported version for any mobile device that You own or control. This license does not allow You to use the Licensed Application on any mobile device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You shall not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You shall not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Company. The terms of the license will govern any upgrades provided by the Company that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

  2. Consent to the Use of Data. You agree that the Company may collect and use personal, technical, and such other related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. The Company may use this information to improve its products or to provide services or technologies to You.

  3. Consent to Background Credit Checks and the Dissemination of Information. You agree that the Company may perform credit background checks on You from all legal and available databases including but not limited to CTOS and may collect and use and disseminate any such data obtained from the credit background checks to any third party including but not limited to, our sponsors, sub-sponsors and/or merchants in the course of the business of the Company.

  4. Services; Third Party Materials. The Licensed Application may enable access to Company’s and third party services and web sites and any other features, content, or services offered from time to time by the Company in connection with its website or Licensed Application (collectively and individually, "Services").

    1. You understand that by using any of the Services, You may encounter contents that may be deemed unlawful, offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Company shall not have any liability to You for the contents that may be found to be unlawful, offensive, indecent or objectionable.

    2. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Company, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.

    3. You agree that any Services which contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Company is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.

    4. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the mobile device are not available in all languages or in all countries. The Company makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Company reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Company be liable for the removal of or disabling of access to any such Services. The Company may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

  5. No Warranty. You expressly acknowledge and agree that use of the Licensed Application is at Your sole risk and that the entire risk as to the satisfactory quality, performance, accuracy and effort lies with You. To the maximum extent permitted by applicable law, the Licensed Application and any services performed or provided by the Licensed Application (“Services”) are provided on a “AS IS” and “AS AVAILABLE” basis and the Company hereby disclaims all warranties and conditions with respect to the Licensed Application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. The Company does not warrant against interference with Your enjoyment of the Licensed Application, that the functions contained in, or Services performed or provided by, the Licensed Application will meet Your requirements, that the operation of the Licensed Application or Services will be uninterrupted or error-free, or that defects in the Licensed Application or Services will be corrected. No oral or written information or advice given by the Company or its authorized representative shall create a warranty. Should the Licensed Application or Services prove to be defective, You shall assume the entire cost of all necessary servicing, repair or correction.

  6. Limitation of Liability. To the extent not prohibited by law, in no event shall the Company be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to the use or inability to use the Licensed Application, howsoever caused regardless of the theory of liability (contract, tort, or otherwise) and even if the Company has been advised of the possibility of such damages.

    You shall hold the Company free and harmless from any damages, liability, or responsibility to any person or property arising out of or as a consequence of the access and use of the Licensed Application by any third party including any of their agents, employees or guests.

  7. Non-assignment. You shall not transfer, convey, assign or encumber Your right under this Agreement, whether in whole or in part, to any third person, heirs, successors and/or assigns.

  8. Non-Waiver. The failure of either party to insist upon a strict performance of any of terms, conditions, stipulation or covenants hereof shall not be deemed a relinquishment or waiver of any right or remedy which that party may have nor shall it be construed a waiver of any subsequent breach or default of the terms, conditions, covenants hereof which terms conditions, stipulations and covenants shall continue to be in full force or effect. No waiver by either party of any of its rights under this Agreement shall be deemed to have been made unless expressed in writing by such party.

  9. Termination. This license is effective until terminated by You or the Company. Your rights under this license will terminate automatically without notice from the Company if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

  10. Miscellaneous Provisions

    1. Governing Laws. This Agreement is governed by and is to be construed in accordance with the laws of Malaysia. The parties agree that any action arising from, or in connection with this Agreement shall be filed only before the Courts of Malaysia, to the exclusion of all other courts.

    2. General Compliance with Laws. You warrant and agree that You have complied and will comply with all applicable laws. You agree to indemnify and hold the Company harmless from any claims, losses, damages, costs and legal expenses (including but not limited to attorneys’ fees), resulting from Your failure to comply with the foregoing, and in the event of such failure, the Company may, in addition to all other rights and remedies the Company may pursuant to this Agreement or otherwise in law or in equity, immediately terminate this Agreement and cease all use of the Licensed Application by you.

    3. Headings. The insertion of headings and the division of this Agreement into sections are for convenience only and shall not affect the interpretation hereof.

    4. Severability. If any part, term or provision of this Agreement shall become invalid or unenforceable, the validity or enforceability of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed as if this Agreement did not contain the particular invalid or unenforceable part, term or provision.

    5. Complete Agreement. This Agreement including the attachments thereto constitute the complete agreement of the parties relating to the matters specified in this Agreement and shall supersede all prior and contemporaneous representations or agreements with respect to such matters. No oral modifications or waiver of any of the provisions of this Agreement shall be binding on either party.