Terms of Services

Getr By Findd Techonology (“Getr”) located at No. 51B, Jalan Mutiara 1/11 Taman Mutiara Mas, Skudai Johor, Malaysia provides an ecommerce solution under the brand Getr that enables you to build an online store (“Store”) through which you may sell your products and services (“Getr Services”). By signing up for Getr Services, you acknowledge that you have read and understand, and agree to be bound by the terms and conditions set forth below and any future amendments thereto (“Terms of Service”). IF DO NOT WISH TO ACCEPT THESE TERMS OF SERVICE, PLEASE DO NOT PROCEED WITH SIGNING UP. Eligibility Getr Services are available only to and may only be used by individuals who can form legally binding contracts under the applicable law of the jurisdiction in which they reside. Without limiting the foregoing, Getr services are not available to persons under the age of EIGHTEEN (18) YEARS. These Terms of Service are binding on you, the user, and such person, company or other business entity (“principal” or “employer”) you represent. If you are registering on behalf of your principal or employer, you represent and warrant that you have the authority to bind them to these Terms of Service. Unless the context requires otherwise, all references to “you” or “your” include references to your principal or employer. Getr By Findd Techonology uses many techniques to verify the accuracy of information provided when registering for Getr Services and reserves the right to terminate the provision Getr Services to you if it believes for any reason that such information may be incorrect. Features and Services Getr Services’ features (excluding payment gateway services and third party plug-ins) are listed on the Getr official website and are available according to the package you sign up for. For full details, please refer to our webpage at http://www.getr.my/seller/pricing. Getr By Findd Techonology will inform you by email of important information such as service outages, updates, modifications or new developments to Getr Services and any changes to these Terms of Service. Getr By Findd Techonology may within THIRTY (30) DAYS’ notice to you: Modify or discontinue any or all aspects of the Getr Services or restrict your use of Getr Services in whole or in part for any reason at our convenience; or Change our pricing or these Terms of Service. If you find any change unacceptable, you may cancel your account (please see Section 6 below on the cancellation of accounts). Your continued use of Getr Services after the coming into force of the change (expiry of the notice) constitutes your continued acceptance of the Terms of Service as amended. Getr By Findd Techonology maintains a strict no refund policy and does not provide refunds. Customer Content and Intellectual Property Rights Getr By Findd Techonology does not claim any intellectual property rights over your information or material submitted to Getr Services and you retain ownership over and responsibility for your Store’s content. However, you agree to grant Getr By Findd Techonology the non-exclusive right and licence to use your Store’s name, trademarks and content on our Getr website or in printed or online advertisements or other publications describing Getr Services. Also, you represent and warrant that you have all necessary rights to display and distribute your Store’s content whether as author or having possession of the requisite distribution rights, licenses or permission to use from the relevant owner(s). “Getr” and its logos are trademarks of Getr By Findd Techonology and the compilation, collection, selection, arrangement, assembly and coordination of all content available on the Getr website are the exclusive copyright of Getr By Findd Techonology. You acknowledge that these Terms of Service does not grant you any title or proprietary right or interest over Getr Services’ software and technology, and any other ecommerce solutions or services provided by Getr By Findd Techonology. You shall not perform or attempt to perform any of the following actions: Subleasing or otherwise offering for access any of the Getr Services to any third parties; Reverse engineering, reverse compiling or otherwise deriving the underlying source code, structure or sequence of Getr Services’ software and technology; or Deleting or altering author attributes or copyright notices (unless expressly permitted in writing by the author or owner). User Restrictions and Indemnity You shall not use Getr Services in any manner that, as determined by Getr By Findd Techonology in its reasonable discretion, whether actual or potential: Involves false, inaccurate or misleading advertisement, is fraudulent or involves the sale of counterfeit or stolen goods; Infringes or misappropriates any person’s copyright, patent, trademark, trade secret or other proprietary rights; Violates any law, statute, ordinance, regulation, governmental guideline or policy in your jurisdiction or in Malaysia; Displays content that is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person or otherwise infringes the requirements of the Content Code published by the Malaysian Communications and Multimedia Commission. Without limiting the foregoing, this shall include content that: Is defamatory, trade libellous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities; Display material containing pornography of any kind or any that exploits children under age of eighteen (18) years; or Displays content advocating, promoting or otherwise encouraging violence against any governments, organizations, groups or individuals or cruelty towards animal or that provides instruction/information or assistance in carrying out the same; Accesses illegally or without authorisation any computers, servers, accounts or networks of Getr By Findd Techonology or any other Getr users, or attempts to hack into Getr By Findd Techonology’s security systems, having Getr By Findd Techonology host or distribute any internet viruses or other harmful code, pinging, flooding, mail bombing or denial-of-service attacks, or disrupting others from effectively using Getr Services; Involves the transmission of unsolicited commercial or bulk email (spamming) whether from or to Getr servers; Participates in any activities relating to pyramid or ‘Ponzi’ schemes; Is harmful to Getr servers (including without limitation overloading the Getr Services’ servers or other technical infrastructure); Involves activities in the nature of gambling, sweepstakes, raffles or lotteries; or Otherwise creates liability for Getr By Findd Techonology or its affiliates or contractors or exposes them to undue risk or otherwise is harmful to the Getr operations, reputation, or goodwill. Where your intended use of Getr Services require any licence, consent, authorisation, permission or approval from any government, governmental, supranational or trade agencies, courts or other regulatory body (“Licence(s)”), you agree not to operate such business via Getr without having first obtained the appropriate Licence(s). You agree that your use of Getr Services including information transmitted to or stored at Getr servers are governed by our privacy policy at http://www.getr.my/legal/terms You agree to indemnify and hold Getr By Findd Techonology, its suppliers, advertising and promotional partners, and service providers including their respective officers, directors, agents, and employees harmless from any and all losses, costs (including reasonably legal costs and expense), liabilities or other expenses incurred or arising from: Your breach of any provision of these Terms of Service (including without limitation, from any infringement or misappropriation of any person’s copyright, patent, trademark, trade secret or other proprietary rights); and Your use of Getr Services (including without limitation, from any of your Store’s content or any claims arising from the sale goods or services on your Store). Privacy Policy Getr By Findd Techonology values your privacy. You agree with and accept all the terms and conditions of our privacy policy at http://www.getr.my/seller/pricing For your information, Getr By Findd Techonology employs Secure Socket Layers (SSL) to protect all your personal information. Getr By Findd Techonology uses designated processors to handle all credit card payments and does not store any credit card information in any format or record. Cancellation of Your Account You may cancel your account at any time by emailing us at support@Getr.co. However, you are liable for the charge(s) for the 12 months during which you have cancelled your account. Upon cancellation, Getr By Findd Techonology may delete any data file associated with your use of the Getr Services. Site Content Modification and Termination of Service Getr By Findd Techonology may make changes to your Store to rectify the infringing content if you breach any of the provisions of these Terms of Service and: You fail to remedy it within the time period set out in our email notification to you; or You fail to conform to the instructions in our notification to our absolute satisfaction. You agree that Getr By Findd Techonology shall not be liable for any damage, foreseeable or unforeseeable, direct or indirect, that may result from the changes made to your Store under this section 7.1. Getr By Findd Techonology reserves the right to discontinue your use of any or all aspects of Getr Services without prior notice if we have determined in our reasonable discretion that: You have breached any provision in our Terms of Service (including without limitation, if we receive information that your use of Getr Services is in violation of any third party’s intellectual property or other proprietary rights); or It is necessary for security reasons or for the proper continuance of the operations of Getr Services; You are not using Getr Services for a legitimate business purpose. If at any time Getr By Findd Techonology is unable to charge your credit card (e.g. your credit card information provided has expired) or if you otherwise fail to make any payment due to us, and fail to remedy the same within FORTEEN (14) DAYS’ from our notice, we may discontinue your use of any or all aspects of Getr Services. In the event Getr By Findd Techonology discontinues your use of Getr Services entirely for reasons of sections 7.2 or section 7.3: You agrees not to re-register for or otherwise obtain access to Getr Services without our written approval; and Getr By Findd Techonology reserves the right to delete your account (including any data file associated with your use of the Getr Services). Disclaimer of Warranties Exabytes Ecommerce provides Getr on an “as is” basis and, to the widest extent permitted by law, expressly disclaims any and all implied or statutory warranties, including the warranties of reasonable care and skill, merchantability, fitness for a particular purpose, quiet enjoyment, title, non-infringement, and warranties arising from a course of dealing, usage or trade practice are excluded. Without limiting the foregoing Getr By Findd Techonology gives no warranty: That the Getr and its other software or services will be error-free or uninterrupted; Regarding uptime, use, data security, accuracy and reliability of Getr Services; That our security procedures will prevent the loss of, alteration of, or improper access to your information; In relation to any third party offerings or products available via Getr Services; In relation to the availability of external sites or resources (normally provided in Getr Services), or for any of its content, advertising, products or other materials. Getr By Findd Techonology provides domain name registration and renewal services only as a value added service to an active Getr user. It is your responsibility to ensure that your domain(s) are renewed on time. Getr By Findd Techonology does not guarantee successful renewal of domain(s) once the domain goes into the domain redemption period. You acknowledge and agree that this is a reasonable and an essential element of these Terms of Service and that in its absence, the economic terms of these Terms of Service would be substantially different. Limitation of Liability To the widest extent permitted by law, Getr By Findd Techonology (including its directors, officers, employees and agents) shall not be liable for any loss of profit or any direct, indirect, special, incidental, consequential or other damages arising out of or in connection with your use of Getr Services (however arising, whether as a result of your contractual relationship with Getr By Findd Techonology or negligence). Notice Any notices in connection with Getr Services or these Terms of Service will be sent by Getr By Findd Techonology to your email provided to us during registration. The notice will be deemed to have been received on the day it is sent out from our electronic mail server. Assignment You may not assign, transfer or delegate your account or any rights or obligations under these Terms of Service. Governing Law These Terms of Service shall be governed by and construed according to the laws of Malaysia. Force Majeure Getr By Findd Techonology’s delay in or non-performance of any duties or obligations under these Terms of Services will not be considered a breach of these Terms of Services if such delay or non-performance is caused by a labour disputes, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond our control. Miscellaneous These Terms of Services does not create any relation of agency, partnership, joint venture, employee-employer or franchiser-franchisee between you and Getr By Findd Techonology. These Terms of Service, our Privacy Policy and our terms and conditions set out at http://www.getr.my/seller/pricing represent the complete agreement between you and Getr By Findd Techonology, and supersedes all prior agreements and representations. If any provision of these Terms of Services is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable. In particular, and without limitation to the foregoing, any provision that potentially violates the provisions of the Consumer Protection Act 1999 (in particular Part IIIA – “Unfair Contract Terms”) shall be read to include the qualifying phrase “to the widest extent permitted by law”. No failure or delay on the part of Getr By Findd Techonology to exercise any right or remedy under these Terms of Service shall operate as a waiver thereof.