User Terms

User Terms

SAHARO BOOKING SERVICES (hereinafter defined) is offered by Saharo Booking Services Sdn Bhd (201901011666 (1320994-M)) subject to the following terms and conditions: By accessing and/or use of the Platform (hereinafter defined) User and Visitor(s) (as applicable) agree to be governed and bound by the following terms and conditions:

  1. Definition

    1. In this Agreement, unless there is something in the subject or context inconsistent with such expression or unless it otherwise expressly provided:
      1. "Agreement" or "these Terms" mean the terms and conditions hereunder applicable to User(s) and Visitor(s).
      2. "Application" refers collectively to Saharo’s mobile, tablet and other smart device applications, and application program interfaces.
      3. "Excluded Losses" means includes loss, damage, costs, risks, charges and/or expenses of whatsoever nature and howsoever arising, inclusive of delays, loss of opportunities and inconveniences, whether direct, indirect, joint, several, actual, contingent or otherwise (including loss of profits, consequential loss and legal fees on a full indemnity basis).
      4. "Fee" refers to such fee that Saharo impose upon the User(s) for any online booking for Product(s) under the Services.
      5. "Law(s)" means the laws, regulations, policies, guidelines, rules and requirements (whether or not having the force of law) in Malaysia governing Saharo, the Services and the User(s) (as may be applicable).
      6. "Personal Data" or "personal data" or "personal information" means personal data as defined in Malaysia Personal Data Protection Act 2010.
      7. "Platform" means Saharo's online marketplace platform that enables User(s) to place bookings for purchase of Product(s) directly with the Vendor(s).
      8. "Product(s)" refers to products and/or services offered by the Vendor(s) published in the Platform.
      9. "Saharo" refers to Saharo Booking Services Sdn Bhd bearing Malaysia Company Registration No.201901011666 (1320994-M)).
      10. "Saharo Booking Services" or "Services" shall mean online booking services offered by Saharo for Product(s) published by Vendor(s) in the Platform and as ascribed in detail in Clause 3.
      11. "User(s)" refers to any individual whose online registration to subscribe to the Services has been accepted and approved by Saharo.
      12. "User(s) Account" refer to User(s) account created simultaneously with the registration as a User(s) with Saharo.
      13. "User(s) Content" means such pictures, video or animation that Saharo permits the User(s) to post in the Platform.
      14. "Vendor(s)" refers to business entities, society or individual that list or publish their products and services at the Platform.
      15. "Vendor(s) Images" refers to such pictures, video or animation that Saharo permits the Vendor(s) to post in the Platform.
      16. "Vendor(s) Content" means such pictures, video or animation (including “Vendor(s) Images”) that Saharo permits the Vendor(s) to post in the Platform
      17. "Visitor(s)" refers to anyone who visits or access the Platform other than a User(s).

  2. Construction and interpretation

    1. In this Agreement, unless there is something in the subject or context inconsistent with such construction or unless it is otherwise expressly provided:
      1. words denoting one gender include all other genders;
      2. words denoting the singular include the plural and vice versa;
      3. where a word or phrase is given a defined meaning in this Agreement any other part of speech or other grammatical form in respect of such word or phrase has a corresponding meaning
      4. any reference to a sub-paragraph, paragraph, sub-clause, clause, Annex or party is to the relevant sub-paragraph, paragraph, sub-clause, clause, Annex or Party of and to this Agreement and any reference to this Agreement or any of the provisions hereof includes all amendments and modifications made to this Agreement from time to time in force;
      5. any reference to a statutory provision includes any modification, consolidation or re-enactments thereof for the time being in force, and all statutory instruments or orders made pursuant thereto;
      6. "Ringgit" and the abbreviation "RM" mean the lawful currency of Malaysia;
      7. any reference to "writing", or cognate expressions, include any communication effected by facsimile transmission or other comparable means
      8. if any period of time is specified from a given day, or the day of a given act or event, it is to be calculated exclusive of that day and if any period of time falls on a day which is not a Business Day, then that period is to be deemed to only expire on the next Business Day
      9. the headings in this Deed are inserted merely for convenience of reference and shall be ignored in the interpretation and construction of any of the provision herein contained; and
      10. any reference to a "day", "week", "month" or "year" is to that day, week, month or year in accordance with the Gregorian calendar

  3. Scope of Services

    1. The Services enables User(s) to place booking for Product(s) directly with Vendor(s) through the Platform.
    2. Saharo as the Platform provider does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any of the Product(s) published by Vendor(s) on the Platform.
    3. The Vendor(s) alone are responsible for the Product(s) published in the Platform. The User(s) in placing booking(s) for Product(s) through the Platform is entering into a contract directly with the Vendor(s). Saharo is not and does not become a party to the contract between the User(s) and Vendor(s) or any other parties.
    4. At Saharo’s absolute discretion, although under no obligation, it may facilitate resolution of any dispute between the User(s) and Vendor(s). In relation to Product(s) published by Vendor(s) in the Platform, Saharo has no control over and does not guarantee:
      1. the existence, quality, safety, suitability, or legality of any products and services.
      2. the truth and accuracy of any Product(s) published, ratings, reviews or other Vendor(s) Content (hereinafter defined) in the Platform.
      3. the performance and conduct of Vendor(s) or any third party.
      4. nor endorse any Vendor(s) (including without limitation their Product(s) published in the Platform.
    5. User(s) shall always exercise his/her own due diligence and care directly with the Vendor(s) on the Product(s). Any Vendor(s) Images published in relation to the Vendor(s) and their Product(s) in the Platform is only intended to indicate a photographic representation at the time the photograph was taken, and therefore not an endorsement by Saharo of any Vendor(s) of the Vendor(s) Images.
    6. The Platform may contain links to third-party platforms or resources (hereinafter collectively referred as “Third-Party Services”). The Third-Party Services may be subject to different terms and conditions, privacy practices and policies. Saharo is not responsible or liable for the availability or accuracy of such Third-Party Services, or the contents, products, or services available from such Third-Party Services. Links to such Third-Party Links are not an endorsement of Saharo of such Third-Party Services.
    7. Due to the nature of the internet, Saharo cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform and Services. Saharo at its absolute discretion may restrict availability of the Platform or any part of the areas or the features thereof, if Saharo views it necessary taking into account capacity limits, the security or integrity of Saharo’s servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform.

  4. Eligibility

    1. In order to register as User(s), the individual must be at least 18 years old and subject to identity verification by either NRIC or Passport.
    2. Saharo reserve sole and absolute discretion to decline any application by any individual(s) to become a User(s) without assigning any reason thereto.
    3. If User(s) access or download Application from the Apple App Store / Google Play Store, User(s) agree to Apple’s and Google Application End User License Agreement, User(s) use of Google Maps/Apple Maps Additional Terms of Service.

  5. User(s) Registration

    1. Any individual person may access or download Application from the Apple App Store / Google Play Store, User agree to Apple’s and Google Application End User License Agreement. User(s) use of Google Maps/Apple Maps Additional Terms of Service. Alternatively, an applicant may register as a User(s) by way of using your personal email address and creating a password.
    2. Applicant for registration as a User(s), must provide accurate, current and complete information during the registration process. Upon registration, the User(s) shall at all times keep the User(s) Account profile page information up-to-date. The User(s) shall be liable for all activities conducted under the User(s) Account.
    3. Unless authorized otherwise by Saharo, a User(s) is only entitled to maintain one (1) User(s) Account.
    4. The User(s) agree that it is his/her responsibility to keep the User(s) Account password confidential at all times, and undertakes to notify Saharo immediately if there are any reason to suspect of password having been compromised (without limitation disclosure to third party) or in case of any actual or suspected unauthorized use of the User(s) Account.
    5. Registration would require to provide IC
    6. Saharo reserves absolute discretion to decline any application for registration as User(s).
    7. Notwithstanding successful registration as User(s), Saharo at any given time, as it deems necessary, may impose such additional requirement(s) (e.g. completing any further verification process set by Saharo and/or the User(s)) prior to placing any online bookings for Product(s) under the Services.

  6. Content

    1. At its sole discretion, Saharo may enable User(s) to:
      1. create, upload, post, send, receive and store content through the Platform (“User(s) Content”)
      2. access and view User(s) Content and any content that Saharo by itself makes available on or through the Platform, which includes proprietary Saharo content and any content licensed or authorized for use by or through Saharo from a third party (“Saharo Content”). (Saharo Content and together with User(s) Content shall be referred hereinafter as “Collective Content”)
    2. The Platform, User(s) Content and Saharo Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Malaysia and other countries.
    3. User(s) acknowledge and agree that the Platform, User(s) Content and Saharo Content, including all associated intellectual property rights are exclusive property of Saharo and/or its licensor or authorizing third-parties.
    4. User(s) shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform, Saharo Content or User(s) Content.
    5. User(s) acknowledges that all trademarks, service marks, logos, trade names, and any other source identifiers of Saharo used on or in connection with the Platform and Saharo Content are trademarks or registered trademarks of Saharo in Malaysia or abroad.
    6. User(s) acknowledges that trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Platform, Saharo Content, and/or Collective Content are used for identification purposes only and may be property of their respective owners.
    7. User(s) will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform or Collective Content, except to the extent the User(s) is the legal owner of certain User(s) Content or as expressly permitted under these Terms.
    8. User(s) is not granted any licenses or rights by implication or otherwise under any intellectual property rights owned or controlled by Saharo or its licensors, except for the licenses and rights expressly granted under these Terms.
    9. Provided always, the User(s) complies with these Terms, Saharo grants the User(s) a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to download and use the Application on User(s)’s personal devices(s); and (ii) access and view any Collective Content made available on or through the Platform and accessible to the User(s), solely for the User(s)’s personal and non-commercial use.
    10. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Mobile Content on or through the Platform, User(s) grant to Saharo a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to such User(s) Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User(s) Content to provide and/or promote the Platform, in any media or platform. To the extent the User(s) Content includes personal information/data, such User(s) Content will only be used for these purposes if such use complies with the data protection laws and in accordance to Saharo’s Privacy Policy. Unless the User(s) provide specific consent, Saharo does not claim any ownership rights in any User(s) Content and nothing in these Terms will be deemed to restrict any rights that the User(s) may have to use or exploit his/her User(s) Content.
    11. User(s) is solely responsible for all User(s) Content that User(s) makes available on or through the Platform. In accordance thereto, User(s) represent and warrant that:
      1. the User(s) is either the sole and exclusive owner of the all User(s) Content that the User(s) makes available on or through the Platform or the User(s) has all the rights, licenses, consents and releases that are necessary to grant to Saharo the rights in and such User(s) Content contemplated under these Terms; and
      2. neither the User(s) Content nor the User(s)’s posting, uploading, publication, submission or transmittal of the User(s) Content or Saharo’s use of the User(s) Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable Law(s).
    12. User(s) shall not post, upload, publish, submit or transmit any User(s) Content that:
      1. is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
      2. is defamatory, libelous, obscene, pornographic, vulgar or offensive;
      3. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
      4. is violent or threatening or promotes violence or actions that are threatening to any other person or animal;
      5. Promotes illegal or harmful activities or substances;
      6. Violates Saharo Content Policy or any other Saharo Policy.
    13. Saharo may, without prior notice, remove or disable access to any User(s) Content that Saharo finds to be in violation of applicable Law(s), these Terms or, any Saharo’s then current policies or standards, or otherwise may be harmful or objectionable to Saharo, its User(s)s, third parties, or property.
    14. In the event the User(s) believe that any content on the Platform infringes the copyrights that the User(s) owns, the User(s) undertakes to notify Saharo immediately.

  7. User(s)(s) due diligence obligation on Vendor(s)

    1. User(s) acknowledges and agree that verification of Vendor(s) through the internet is difficult. Therefore, Saharo do not assume responsibility for the confirmation of Vendor(s) identity. Although for transparency and fraud prevention purposes, Saharo may but have no obligation to (i) ask Vendor(s) to provide National Registration Identity Card, Passport or other information or undertake additional checks designed to help verify the identities or backgrounds of Vendor(s), (ii) screen Vendor(s) against third party databases or other sources and request reports from service providers, and (iii) where Saharo have sufficient information to identify a Vendor(s), obtain reports from public records of criminal convictions if permitted by laws of Malaysia (collectively "Identity Verification") . Saharo is not under any obligation to carry out any such Identity Verification nor shall Saharo be liable for any Excluded Losses arising therefrom.
    2. User(s) shall always exercise its/their own due diligence and care in dealing with Vendor(s) in relation to any purchase of Product(s) from Vendor(s).

  8. Booking Process & Fee

    1. The typical process of booking for Product(s) under the Services by User(s) is as follow: -
      1. Upon registration as User(s), Saharo will allocate the User(s) with a designated User(s) Account.
      2. The User(s), from the list of Vendor(s) published in the Platform may select any of the Product(s) offered by Vendor(s).
      3. Upon the User(s)’s input of all the relevant details required for any selected Product(s), the Platform will provide the complete breakdown of applicable Fee (including any applicable taxes) payable by User(s) to Saharo and such amount payable by User(s) directly to the relevant Vendor(s).
      4. In confirmation of the such booking, the User(s) shall pay the Fee (including any applicable taxes) in full by way of FPX transfer to Saharo’s designated bank account.
      5. Upon receipt of the Fee (including any applicable taxes), the Platform will generate receipt together with the confirmation of the booking placed with the applicable Vendor(s).
    2. Saharo reserves the right to change the applicable Fee at any time. Any change in Fee shall not affect any bookings placed prior to the change in the Fees and accepted under the Services.

  9. Booking modification, cancellation and refund policy

    1. User(s) and Vendor(s), by and between them, are responsible for any modifications to a booking that they make via the Platform ("Booking Modifications"). Any such Booking Modification will not prejudice any Platform Fee that Saharo is entitled to receive under the original booking.
    2. If any Vendor(s) cancels a confirmed booking, the User(s) will be entitled to receive a full refund of the paid amount for such booking.
    3. In certain event, Saharo may at its sole and absolute discretion may cancel any pending or confirmed booking and initiate corresponding refunds and payouts where Saharo deems in its sole opinion necessary (whether or not it is reasonable) to avoid significant harm to Saharo, User(s), other Vendor(s), third parties or property, or (ii) for any of the reasons set out in these Terms
    4. If a User(s) or Saharo cancels a confirmed booking, the User(s) shall receive a refund in accordance with the User(s) Refund Policy or the applicable cancellation policy set by Saharo.

  10. Ratings and review

    1. After completing a booking and certain period thereafter, Vendor(s) or other User(s) may leave a public review (“Review”) and submit a star rating (“Rating”) of the Product(s) etc. Ratings or Reviews reflect the opinions of individual User(s) or Vendor(s) and do not reflect the opinion of Saharo. Ratings and Reviews are not verified by Saharo or accuracy and may be inaccurate, incorrect or misleading.
    2. Any Ratings and Reviews by User(s) must be accurate and may not contain any offensive or defamatory language.

  11. Prohibited activities

    1. User(s) is/are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply arising from User(s) use of the Platform. In relation thereto, the User(s) undertakes not to nor assist or enable others to:
      1. breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or these Terms
      2. use the Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Saharo endorsement, partnership or otherwise misleads others as to User(s) affiliation with Saharo
      3. copy, store or otherwise access or use any information, including personally identifiable information about any Vendor(s) or other User(s), contained on the Platform in any way that is inconsistent with Saharo’s Privacy Policy or these Terms or that otherwise violates the privacy rights of other User(s), Vendor(s) or third parties
      4. use the Platform in connection with the distribution of unsolicited commercial messages ("spam");
      5. unless there is a separate binding contract in writing with Saharo otherwise, not to offer nor make available any product or services through the Platform;
      6. use the Platform to make booking independent of the Platform, to circumvent any Fee or for any other reason place for booking Fees outside of the Platform. In default, the User(s) acknowledge and agree that it will be in breach of these Terms and accept all risks and responsibility associated therewith and undertakes to hold Saharo harmless from any liability for such payment.
      7. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior
      8. misuse or abuse any services associated with the Platform as determined by Saharo in its sole discretion
      9. use, display, mirror or frame the Platform or Collective Content, or any individual element within the Platform, Saharo's name, any Saharo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Platform, without Saharo's express written consent.
      10. dilute, tarnish or otherwise harm the Platform brand in any way, including through unauthorized use of Collective Content, registering and/or using Platform or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Platform domains, trademarks, taglines, promotional campaigns or Collective Content.
      11. use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose.
      12. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Saharo or any of Saharo's providers or any other third party to protect the Platform
      13. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform
      14. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform
      15. export, re-export, import, or transfer the Application except as authorized by applicable Laws (including Laws of Malaysia), the export control laws of Malaysia, and any other applicable Laws
      16. violate or infringe anyone else’s rights or otherwise cause harm to anyone.
    2. User(s) acknowledge that Saharo has no obligation to monitor the access to or use of the Platform by any User(s) or to review, disable access to, or edit any User(s) Content, but has the right to do so to (i) operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User(s) Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. User(s) agree to cooperate with and assist Saharo in good faith, and to provide Saharo with such information and take such actions as may be reasonably requested by Saharo with respect to any investigation undertaken by Saharo or a representative of Saharo regarding the use and abuse of Platform
    3. If any User(s) is of the opinion that any Vendor(s) that User(s) interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) User(s) suspect of stealing from the said User(s), or (iii) engages in any other disturbing conduct, User(s) should immediately report such person to the appropriate authorities and then to Saharo by contacting Saharo with your police station and report number (if available). User(s) agree that any report that User(s) makes will not obligate Saharo to take any action (beyond that required by law if any)

  12. Suspension or termination

    1. Saharo reserves the right at any time (in its absolute discretion and without giving notice thereof to the User(s) or assigning any reason therefor) to restrict or limit a User(s)’s access or to refuse or otherwise withhold all privileges whether permanently or temporarily or forthwith to determine usership and to withdraw all privileges whether attached to the use of the Services or otherwise.

  13. Disclaimers

    1. By opting to use the Services, the User(s) is deemed to do so voluntarily at his/her sole risk. The Services is provided “as is”, without warranty of any kind, either express or implied.
    2. User(s) agree and acknowledges that she/he have had the opportunity necessary to investigate the Services, the applicable Law(s) thereto and any Vendor(s) and the Product(s) the User(s) desire to subscribe/purchase. User(s) further agree that he/she is not relying upon any statement of law or fact made by Saharo relating to the Services.
    3. Saharo is under no obligation to conduct any identity verification or back ground checks on Vendor(s). If Saharo choose to conduct such verification or background checks on Vendor(s), to the extent permitted by applicable Law(s), Saharo disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Vendor(s) or guarantee that a Vendor(s) will not engage in misconduct in the future.
    4. User(s) agree that the Product(s) may carry inherent risk, and by purchasing and/or subscribing to the Product(s), the User(s) choose to assume those risks voluntarily. User(s) acknowledges that some of the Product(s) may carry risk of illness, bodily injury, disability, or death, and User(s) freely and willfully assume those risks by choosing to purchase/subscribe (as applicable) such Product(s). User(s) assume full responsibility for the choices he/she makes before, during after the purchase/subscribing of the Product(s).
    5. The disclaimers under Clause xx, shall apply to the maximum extent permitted by Law(s). Any statutory rights that the User(s) may have shall be limited to the maximum extent permitted by Law(s).

  14. Liability limitation and exclusions

    1. User(s)(s) acknowledge and agree that, to the maximum extent permitted by Law(s), the entire risk arising out of the User(s)(s) access to and use of the Platform, contents therein, booking of any Product(s) via the Platform or any other interaction the User(s)(s) may have with other User(s)(s) whether in person or online remain with the said User(s)(s).
    2. Neither Saharo nor any other party involved in creating, producing, or delivering the Platform or the contents therein will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or any damages for personal or bodily injury or emotional distress arising out of or in connection with the (i) these Terms, (ii) inability to use the Platform, (iii) from communications, interactions or meetings with other User(s)s or other persons with whom the User(s)(s) communicate, interact or meet with as a result of User(s)(s) use of the Platform, or User(s) booking or use of Product(s), whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Saharo has been informed of the possibility of such damage.
    3. Except for refund of any booking fee in accordance to clause xx, in no event will Saharo aggregate liability arising out or in connection with these Terms or the Services shall exceed RM100.00 (Ringgit Malaysia: One Hundred Only). [revisit]

  15. Indemnification

    1. To the maximum extent permitted by applicable Law(s), the User(s) agree to release, defend (at Saharo’s option), indemnify, and hold Saharo and its affiliates and subsidiaries, including their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, without limitation, reasonable legal and accounting fees, arising out of or in connection with (i) User(s) breach of these Terms or Saharo’s Policies or Standards, (ii) User(s)’s improper use of the Platform or the Services, (iii) User(s) interaction with any other User(s) including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection therefrom, or (v) User(s) breach or violation of applicable Law(s) or third party rights.

  16. Law

    1. These Terms shall be governed by the laws of Malaysia and the rights of all the Parties hereto and each provision hereof shall be construed and have effect only according to the laws of the Malaysia.
    2. With respect to any suit, action or proceedings relating to any dispute arising out of or in connection with these Terms, each Party irrevocably submits to the exclusive jurisdiction of the Malaysian courts.
    3. The Agreement between Saharo and the User(s) shall be deemed to be executed at Saharo head office in Kuala Lumpur and any breach of this Agreement shall be deemed to have arisen in Kuala Lumpur irrespective of where the User(s) resides, employed or carrying out his/her business.

  17. Variation to these Terms

    1. The User(s) agrees that Saharo shall be at liberty to vary, add to, or amend these Terms (collectively referred as “Changes to Terms”) herein set out. Changes to Terms will be posted in the Platform. If the User(s) do not terminate their usership by giving written notification to Saharo within 10 calendar days from the date of such posting, the User(s) shall be deemed to have accepted such Changes to Terms.

  18. Severability

    1. If any of the provisions of these Terms becomes or is deemed invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

  19. Entirety

    1. These Terms constitutes the entire understanding or agreement between Saharo and the User(s) in respect of the subject matter hereof. These Terms will supersede any and all previous agreements between the Parties in relation to the subject matter hereof.

  20. Independent contractor

    1. No joint venture, partnership, employment, or agency relationship exists between User(s) and Saharo as a result of these Terms or User(s) use of the Platform or Services.

  21. No third-party rights

    1. These Terms do not and are not intended to confer any rights or remedies upon any person other than the Parties.

  22. Non-waiver

    1. The rights of Saharo under these Terms are cumulative, may be exercised as often as it considers appropriate and are in addition to its rights under the Law(s).
    2. The rights of Saharo whether arising under these Terms or under the general law shall not be capable of being waived or varied otherwise than by an express waiver or variation in writing.
    3. In particular, and without limitation to the generality of the foregoing:-
      1. any failure to exercise or any delay in exercising any right, power or privilege shall not operate as a waiver or variation of that or any other such right, power or privilege;
      2. any defective or partial exercise of any right, power or privilege shall not preclude any other or further exercise of that or any other such right, power or privilege; and
      3. no act or course of conduct or negotiation by Saharo or on its behalf shall in any way preclude it from exercising any right, power or privilege or constitute a suspension or any variation of any such right, power or privilege.

  23. No assignment

    1. The User(s) is not permitted to assign this Agreement to any party; however, Saharo reserves the right at any time without the User(s)’s consent to assign the whole or any part of Saharo’s rights and obligations under this Agreement with or without notice to the User(s).

  24. Consent to disclosure of information and Saharo’s right to disclosure

    1. The User(s) agree to be bound by the Declarations and the disclosures set for in the pre-requisite application to be registered as a User(s) for the Services including all disclosure provision in relation to personal data and disclosure for purposes of marketing and promotions of any existing or future services that Saharo may offer from time to time if the User(s) has opted for the same. Further, the User(s) hereby consent and authorizes Saharo and/or its officer(s) to disclose as Saharo deems fit to:
      1. any bodies or authorities governing Saharo and/or the businesses of Saharo
      2. any enforcement agencies including without limitation Royal Malaysia Police, Malaysian Anti-Corruption Corporation etc
      3. agent(s), authorized and appointed outsourcing agents for the purpose of providing the Services or integrated services, maintaining and storing records, at any time and without liability, any information relating to User(s) affairs and/or User(s) Account
    2. In the User(s) at any time wishes to remove his/her name from any marketing or promotional list referred in Clause 25.1, the User(s) is required to write to Saharo at address :xxxxxxxx
    3. The User(s) irrevocably authorizes and consents to the disclosure by Saharo at any time to any party of any information or documents pertaining to the User(s) particulars and affairs, the User(s) Account and/or any other information which Saharo deems necessary to facilitate the Services or the processing of any transactions effected or to be effected through the use of the Services or for any other purposes which Saharo may require the disclosure, subject to prevailing regulations.
    4. In addition, the User(s) hereby authorizes Saharo to disclose any information concerning the User(s) to any of Saharo’s existing or future business partners for the purpose of providing information about the User(s) Account or services to the User(s) or for any other purposes.
    5. The User(s) hereby warrants and undertakes that all personal information provided to Saharo is true, correct and complete. The User(s) shall ensure that all information provided to Saharo are current and updated at all times, and Saharo shall not be liable for the consequences arising out of erroneous/incomplete/incorrect information supplied by the User(s).
    6. The User(s) agrees that Merchantrade shall not be liable for any disclosure by Saharo in Clause ss and the User(s) undertakes to hold Saharo harmless and keep Saharo fully indemnified from and against all claims, losses, damages (including direct or indirect damages) or liability whatsoever and howsoever arising out of such disclosure of information by Saharo or any error, inaccuracy or misstatement of such information whether caused by Saharo or any other third party’s omission or due to system or technical default or failure or otherwise.
    7. Disclosure of information pursuant to Clause 24 herein shall survive the termination of this Agreement or the User(s) Account.

  25. Communication to User(s)

    1. General communications and notices to the User(s) shall be displayed on the Platform, and it is the User(s) responsibility to check regularly for such notices on the Platform.
    2. Specific notices or communication to the User(s) shall be sent to the User(s) last known address by personal delivery, facsimile transmission, email, ordinary post and/or SMS or in any manner as Saharo deems fit.
    3. Communication and notices displayed on the Platform shall be considered to have been received by the User(s) on the date of posting on the Platform. Communication and notices sent by facsimile or electronic mail or SMS shall be considered to have been sent and received by the User(s) on the same day. Communication and notices sent by ordinary post shall be considered to have delivered three (3) days after the date of posting if sent by post to an address within Malaysia, and considered delivered five (5) calendar days after the date of posting if sent outside of Malaysia.
    4. The User(s) hereby agrees that the service of any notices or any legal process in respect of any claim arising from or connected with this Agreement may be effected on the User(s) by sending a copy of the same by prepaid ordinary post to the User(s) last known address and such postings shall be deemed good and sufficient service thereof on User(s) whether or not the same shall be returned undelivered. Any failure by the User(s) to notify any change of User(s) address resulting in the delay or return of notices, correspondences, and legal process shall not prejudice the rights and entitlement of Saharo under this Agreement.

  26. Tax

    1. All amounts expressed to be payable under the Services by User(s) to Saharo shall be deemed to be exclusive of any Indirect Tax. If any Indirect Tax is chargeable on any service or supply made by Saharo in connection with these Terms, User(s) shall pay to Saharo (in addition to and at the same time as paying the consideration) an amount equal to the amount of the Indirect Tax
    2. Where these Terms requires User(s) to reimburse Saharo for any costs or expenses, User(s) shall also at the same time pay and indemnify Saharo against all Indirect Tax incurred by Saharo in respect of the costs or expenses to the extent Saharo reasonably determines that it is not entitled to credit or repayment in respect of the Indirect Tax.
    3. In this Clause, “Indirect Tax” means any applicable service tax, goods and services tax, consumption tax, value added tax or any tax of a similar nature.

  27. Time

    1. Time wherever and whenever mentioned herein in these Terms, or any variation agreed between the Parties hereto shall be of the essence.

  28. Survivorship

    1. Notwithstanding anything in this Agreement, Saharo’s rights and entitlement under this Agreement shall continue to remain in full force and effect and shall survive any cancellation, termination, revocation or suspension of the User(s) Account.

  29. Certificate of Indebtedness

    1. A statement or certificate by Saharo certifying the amount of monies owing and payable by the User(s) to Saharo shall be final and conclusive evidence of the matters so certified and be binding on the User(s), save for manifest error.

  30. Discrepancy and ambiguity

    1. Should there be any conflict or discrepancy between the terms and conditions appearing in any other documents originating from Saharo and these Terms, the User(s) agrees that the terms and conditions more favourable to Saharo shall prevail and be deemed as the governing and operative provision binding on the User(s).
    2. In the event of any ambiguity arising from these Terms, such ambiguity shall be resolved by Saharo, and any construction of the meaning of any provision by Saharo shall be final and binding on the User(s).

  31. Force Majeure

    1. Saharo shall not be responsible or liable for any loss or damage sustained by the User(s) for failing or delaying to perform in whole or in part any part of its obligations under this Agreement, attributable directly or indirectly to service failures, delays or disruptions as a result of circumstances, including without limitation, unavailability, malfunction and failure of computer system, data and telecommunication, or electricity failures, Acts of God, riots, civil commotions, insurrections, wars, strikes, terrorism, material shortages, natural calamities, civil unrest, regulatory and government action or other industrial action or trade disputes and any other causes beyond Saharo’s or its agents’ or service providers’ reasonable control or any fraud or forgery. Saharo’s obligations, as far as affected by such acts or occurrences, shall be suspended during the continuance of any delay or failure in performances so caused, and such delay or failure shall not be a breach of this Agreement. of any delay or failure in performances so caused, and such delay or failure shall not be a breach of this Agreement.