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SERVICE AGREEMENT

Our website www.beyondearth.com.my or Malaysia mobile (the Site) is operated by Beyond Earth Enterprise and its affiliated companies (hereafter called the COMPANY). This AGREEMENT is made and agreed to between YOU and the COMPANY.

Declaration

  1. YOU confirm that YOU have full knowledge, understanding, and acceptance of all the terms and conditions of this AGREEMENT upon registration. YOUR successful registration for and use of the SERVICE constitutes YOUR consent to be bound by this AGREEMENT.
  2. YOU agree that the COMPANY reserves the right to amend this AGREEMENT at any time, in the COMPANY’s sole discretion, by posting any such amendment(s) to the COMPANY's website without prior and separate notice. YOUR continued use of the SERVICE after amendment to the AGREEMENT is posted will be deemed as full knowledge and acceptance of the revised AGREEMENT. If YOU do not agree to any such amendment(s), YOUR sole recourse shall be to cease using the SERVICE.

Beyond Earth Member Account

1. Registration

YOU agree that:

  • YOU shall provide information as required to register for the SERVICE and ensure the information submitted is accurate, current and complete. If, on reasonable grounds, the information is suspected to be inaccurate, not current or incomplete, the COMPANY reserves the right to suspend or terminate, in part or in full, the SERVICE for YOU. Any direct or indirect expense incurred for reasons aforementioned shall be borne by YOU instead of the COMPANY.
  • In the event of non-performance of the SERVICE or mistakes involved as a result of YOUR failure to update YOUR personal information, YOU shall bear the full consequence and the COMPANY will not be liable for any responsibility.
  • YOU shall be responsible for YOUR Beyond Earth account, which is designated solely for YOUR own use and cannot be transferred, given as a gift or inherited. Should YOU lose all or part of the capacity for civil rights or civil conduct, the COMPANY reserves the right to take charge of YOUR Beyond Earth account pursuant to valid legal documents (including without limitation to effective court verdict, will, etc. )

2. Account Security

Taking full responsibility for YOUR actions concerning the Beyond Earth account and its password, YOU agree that:

  • YOU will not reveal YOUR password to others, nor will YOU use any other person's account and password.
  • Should YOU find YOUR password stolen or misappropriated, YOU shall notify the COMPANY immediately and effectively, and request for suspension of the SERVICE. YOU understand that the COMPANY needs reasonable time to process YOUR request. The COMPANY will not be liable for any executed instruction and (or) loss incurred prior to confirmation of YOUR request.

Privacy Protection

YOUR acceptance of this AGREEMENT or YOUR act of using the SERVICE constitutes YOUR consent to the use, application and disclosure of YOUR personal information by the COMPANY according to the following provisions and the Privacy Policy:

  • Password
    YOU are required to set a password upon registration as identification of YOUR Beyond Earth account. The password is the sole means by which YOU get access to YOUR account. Once YOU divulge YOUR password to others, YOUR personal identification information may subject to theft, thus leading to legal consequences to YOUR disadvantage. Should YOU sense any potential or realistic threat, arising from whatever reason, to the application of YOUR username and password, YOU shall contact the COMPANY immediately, and shall not hold the COMPANY liable for any loss or damage incurred prior to the COMPANY's action against the threat.

System Halt or Failure

  1. The COMPANY shall not be liable for any loss or damage in the event of system halt or non-performance of the SERVICE as a result of the following causes:
    • Servers are down for maintenance with relevant notice posted on the Beyond Earth website by the COMPANY;
    • Data communication fails as a result of telecommunication equipment failure;
    • The COMPANY’s system fails due to circumstances beyond its reasonable control, including typhoon, earthquake, tsunami, flooding, electrical power failure, war, acts of terrorism, and other force majeure incidents.
    • Service is interrupted or delayed for reasons such as hacker attacks, technical adjustment or system breakdown on the part of telecommunication providers, website upgrades, technical difficulties with banking systems, etc.

Limitation of Liabilities

  1. The COMPANY is responsible only for obligations expressly stated in this AGREEMENT.
  2. The Beyond Earth user data is offered by the user on voluntary basis. The COMPANY does not guarantee the accuracy, timeliness, completeness of any information provided in connection with the SERVICE. YOU shall take full responsibility for YOUR own judgment.
  3. Partners of the SERVICE are responsible for the quality and content of the service they provide, for which the COMPANY bears no liability.
  4. YOU must evaluate and bear all risks associated with the use of any content downloaded or acquired through the SERVICE. YOU shall take full responsibility for any damage or loss of data on YOUR computer system caused by YOUR decision to download the information.
  5. No advice or information, whether oral or written, obtained by YOU from the COMPANY or its staff, or through the service shall create any warranty on the SERVICE not expressly stated by the COMPANY.
  6. To the extent permitted by law, the COMPANY shall in no event be liable for any indirect, punitive, special or incidental damages associated with or arising from this AGREEMENT, whether in breach of this AGREEMENT (including breach of warranty), tort or of whatever causes, even if the COMPANY has been advised of the possibility of such damages. The COMPANY disclaims any responsibility for the aforementioned damages notwithstanding any claim that a sole or exclusive remedy provided in this AGREEMENT may or does fail of its essential purpose.

Trademark and Intellectual Property Rights Protection

  1. All intellectual property rights (including without limitation to trademark, patent, copyright, trade secret, etc.) of the Beyond Earth website and its content (including without limitation to the texts, photos, documents, information, reference, website framework, website graphics and webpage design) are owned by the COMPANY or its affiliated companies as permitted by law.
  2. None of the programming information or content of the Beyond Earth website may be used, revised, copied, transmitted, altered, disseminated, distributed or publicized without prior written consent from the COMPANY or its affiliated companies.
  3. YOU are obliged to respect intellectual property rights, the breach of which may render YOU liable for damages incurred.

Jurisdiction

The law of Malaysia governs this AGREEMENT, the effectiveness, interpretation, modification, application and dispute resolution of which shall be dealt with in accordance with relevant provisions thereby, or pursuant to applicable international business convention and (or) prevailing industry practices in cases where the law of Malaysia fails to provide.

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