Terms & Conditions
Platform Terms & Conditions of Service
The platform of GoGet.my and GoGet Recruit (“Platform”) provides a means to enable an individual or persons (“posters”) who seek delivery to certain destinations and real time fulfillment of an errand or errands at a specific location to be matched and flexible hiring with persons with experience, capacity and/or ability to fulfill these tasks ("GoGetters") or potential job applicants with the requirements of the posters' job posting. The Platform also offers information and a method to connect GoGetters, job applicants and posters with each other but does not provide delivery and manpower services or acts in any manner as a delivery carrier or manpower supplier. That being the case, the Platform allows for posters and GoGetters or job applicants to switch roles from time to time during the fulfillment of a task or job listing.
The services as mentioned above shall collectively be defined as the "services". These terms and conditions shall govern your use of and participation as a user, poster, job applicant or GoGetter in the Platform. “Personal Data” refers to information about an identifiable individual, but excludes the designation, business address and/or telephone number of an individual who is an employee of an organisation.
General1. Below are the terms and conditions of the Platform, a community marketplace concept application and platform that is owned and operated by Eternal Meteor Sdn. Bhd. (Company no. 1026031-T), incorporated in Malaysia. By your sign up and/or usage of Platform services, website and products, you are legally and automatically bound to these terms and conditions without conditions.
2. By virtue of your sign up and/or usage, you as the poster, user and GoGetter (“you”) accept all terms and conditions of the Platform. This means that you affirm your understanding of the terms and conditions of Platform and are within full capacity to enter into a transaction with Platform and Eternal Meteor Sdn. Bhd for its services and/or products.
3. Platform does not provide direct carrier, transportation or delivery services and they do not employ people to carry out any task for any user or poster in the Platform. It is up to the GoGetter to decide whether or not to offer his, her or their services to a poster on the Platform. Similarly, it is up to the poster to decide whether or not to accept a service offer from any GoGetter over its poster or post, contacted through the Platform. Any decision to offer or accept delivery or task fulfillment services once such poster that is matched through the Platform is a mutual decision made directly between the poster and GoGetter without liability or responsibility to Platform and Eternal Meteor Sdn. Bhd. Additionally, Platform and Eternal Meteor Sdn. Bhd. shall not be liable for the actions and transactions of any user, the poster and GoGetter and must be treated as absolutely harmless and blameless at all times. Please read these terms and conditions carefully before signing up and using the services and Platform. If you do not agree to be bound by these terms and conditions, please do not use or access the Platform. Furthermore, you may elect to read these terms and conditions again at any time after signing up and/or using our services.
4. These terms and conditions, and its updates are subject to the discretion of the Platform and Eternal Meteor Sdn. Bhd. management team at any time. Any notice and updates thereof shall be posted on the Platform as and when needed. You are bound by all amended terms or updates of these terms and conditions, which become effective upon their posting on the Platform.
Purpose of Scope and OperationsThe purpose of the Platform is to be an online app/web-based communications platform that operates as an online marketplace for errands, tasks, deliveries and flexible job hiring. This is done by connecting potential clients (“posters”) with people (“GoGetters”) or job applicants who can accomplish or meet the requirements of any of the job types listed inside.
The categories may expand in the future, depending on the need and requirements of the poster.
The Platform does not undertake these jobs or tasks nor does it create employment relationships with individuals to complete jobs. Additionally, Platform does not supervise, direct, manage or control the jobs or tasks a GoGetter accepts to which the GoGetter and poster acknowledges.
User VettingUsers of Platform are subject to an extensive vetting process when they register to be a GoGetter, job applicant and/or poster during their use of the Platform including but not limited to a verification of identity and a comprehensive criminal background check. Those seeking to register to be a GoGetter and poster hereby consent to Platform conducting these background checks as often as necessary in compliance with Malaysia's state and federal laws or the relevant country of the office or group office of the Platform at the material time (if it is not in Malaysia). Once verified, aspiring GoGetters must attend a training session and complete a multiple choice test to validate their understanding of what is taught and to ensure their English competency skills are acceptable.
Contract Between GoGetter and Poster
By using Platform app and website you acknowledge that a service contract is formed when you agree to the terms of a job or task with another platform user. As a poster you acknowledge that you:
a. offer an agreed financial sum as payment to the GoGetter for a job that you have assigned which may include reimbursement for costs taken-on by the GoGetter;
b. are not creating an employment situation between the GoGetter and the platform and Eternal Meteor Sdn. Bhd. As a GoGetter you acknowledge that you will comply strictly with the poster's instructions in exchange for payment that you have agreed to, understanding that you will have to assume responsibility of your own costs and utilize your own method of transport in pursuit of completing the job.
Payments shall be made and processed through Platform Credits as per the terms and conditions under 'Platform Fees'. For certain jobs or tasks, cash on-hand or online banking may be acceptable depending on the mutual agreement of the parties. Both parties agree to notify Platform of any disputes arising from the job at least (30) days before initiating any proceedings or action against the other party, utilizing Platform as an intermediary and mediator to resolve aforementioned disputes.
Acceptable use PolicyUsers of GoGet.my may not in any way utilize the online platform for any activity that:
1. Violates any state and federal law or government regulation in Malaysia and/or that of the country where the delivery, job, task or service is to take place or be conducted.
2. Violates any rule or regulation stating the acceptable code of conduct enforced by Platform on its GoGetters.
3. Violates any rule or regulation by Visa, Mastercard or any Credit Card Network that is utilized by Platform on its platform for payment use.
4. Violates any rules or regulations dictated by our payment service provider.
5. Is fraudulent, deceptive, unfair or predatory.
6. Causes or threatens reputational damage to Platform or any Credit Card Network.
7. Involves any of the business categories which are age-restricted such as alcoholic beverage (exceptions apply if age is verified).
8. Results in or creates significant risk of chargebacks, penalties, damages or other harm or liability.
Termination and SuspensionPlatform reserves the right to terminate or suspend your right to use the online platform in the event we believe that you have breached this Agreement by providing you with a written or email notice of such breach/termination/suspension that will be effective immediately upon delivery. If your right to use Platform is terminated or suspended, this agreement will remain enforceable against you. You may terminate this agreement at any time by ceasing all use of the Platform. All sections which by their nature should survive the expiration or termination of this agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this agreement.
Eligibility and Representations
1. Our services at Platform and through the Platform are available only to, and may only be used by individuals of 18 years of age and above. By signing up and/or participating as a poster or GoGetter, you represent and warrant that you meet this requirement. You also represent and warrant that you have the right, authority and full capacity to be a poster, job applicant or GoGetter on the Platform and comply with all their terms, conditions and updates. Furthermore, you represent and warrant that you have the right, authority and full capacity to sign up for and utilize any Platform education lessons, programmes, rewards and benefits offered on the Platform (“benefits”) as a GoGetter such as Pod Savings, SOSCO self-employment social security scheme and insurance and more of your choice at any time and cancel any participation or usage involved after the event. These benefits shall apply accordingly for you as a poster or job applicant.
2. Your information is any information you provide, publish or display ("publish") to the Platform or send to other posters in the registration or in any public message area (including, but not limited to the feedback section) or through any email feature ("your information"). Your information will be stored on computers and in our business server. However, any personal information provided by you shall be collected, stored and retained by Eternal Meteor Sdn. Bhd. in accordance of the provisions of the Personal Data Protection Act 2010, a copy of the act is available for view at the library records of the Bar Council of Malaysia or online. By your sign up and/or usage of the services, you consent to us using your information to create a poster account or GoGetter account that will allow you to participate in the services.
3. By signing up in the Platform and/or using the services, you agree that we may obtain personal information including and without limitation to your identification, contact details or points, driving record, references and/or credit information. You hereby authorize Platform and Eternal Meteor Sdn. Bhd. to perform necessary background checks for its purposes, and further agrees to provide any necessary authorization to facilitate our access to necessary information for the purposes of the business of Platform.
4. You are solely responsible for your information and your interactions with other people in the public, and we act only as a passive conduit for your online posting of your information. When you use the Platform, you agree to provide accurate, current and complete information as prompted by our registration form and to maintain and timely update your information to keep it accurate, current and complete at all times during the term of the agreement. You also agree that Eternal Meteor Sdn. Bhd, participants in the Platform and the public may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, we have the right to terminate your use of the services without notice to you.
5. You are allowed to one Platform account on the Platform or authority over one Platform account thereon. You are also responsible for maintaining the confidentiality of any password provided by you or Platform for accessing the services. Additionally, you are solely and fully responsible for all activities that occur under your password or account.
6. Platform represents that it has no control over the use of its GoGetter or poster's account at all times and expressly disclaims any or all liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact the Platform administrators immediately. Platform and Eternal Meteor Sdn. Bhd. reserves the right to take any legal action against you for misrepresentation for any loss or damage suffered as a result of any misuse or abuse of your account.
7. Platform tries its best to protect the privacy of data exchange in the Platform from misrepresentation, third party abuse or internal hacking but shall not be liable or claims no admission to liability in the event of any damage or loss occurs to the poster or GoGetter. All data exchange outside the Platform between the poster and GoGetter is strictly at the risk of the poster and GoGetter.
8. By using the Platform platform and the services, you as the poster, represents, warrants and agrees that:
a. The poster had made all necessary checks before posting tasks on the Platform;
b. The poster will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws including being involved in any scam, criminal, drug or unlawful activities;
c. The poster is solely responsible and shall indemnify all claimants including Eternal Meteor Sdn. Bhd. and its representatives against any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving Platform, the Platform in the posting of the poster up to the delivery of tasks mentioned in the poster for the poster at all times;
d. The poster shall not treat, name or hold Platform or Eternal Meteor Sdn. Bhd. responsible for any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving Platform, the Platform by the GoGetter;
e. The poster understands that Platform is just a platform to connect the poster and GoGetter and there shall not be any employer-employee relationship assumed or formed between the poster and Platform and/or the GoGetter and Eternal Meteor Sdn. Bhd.; and
f. The poster makes and will make all necessary declarations on the Platform or if asked from time to time by Eternal Meteor Sdn. Bhd. about restricted activities.
9. By using the Platform and the services, you as the GoGetter however represents, warrants and agrees that:
a. You have made and will make all necessary declarations on the Platform or if asked from time to time by Eternal Meteor Sdn. Bhd. about your background restricted activities. If you are legally impaired by reason that you do not have the correct permit, licence and/or allowance to accept any poster on the Platform before or after you become a GoGetter, it is your legal duty and responsibility to inform the Platform and Eternal Meteor Sdn. Bhd. fully and accurately of the case. You agree to hold the Platform and Eternal Meteor Sdn. Bhd. absolutely harmless and not responsible if you are an unauthorized person in Malaysia and/or for the purposes of Platform activities and posters;
b. You must possess a valid driver's license for the purposes of Malaysia and is authorized to operate a third party insured motor vehicle (“vehicle”) and has all appropriate licenses, approvals and authority to provide delivery to third parties in all jurisdictions in which such GoGetter uses the services. If you are a foreigner, the GoGetter must possess a driver's license which is valid for the purposes of possessing and driving a vehicle in Malaysia. Alternatively, you must possess a valid license of the appropriate country where the delivery, job, task or service is to take place or be conducted;
c. You own or have the legal right to operate the vehicle when making delivery tasks as per the poster and that such vehicle is in good operating condition including meeting the Malaysian vehicle safety standards in accordance with the Malaysian law. The same rule applies to the country where the delivery, job, task or service is to take place or be conducted;
d. Your vehicle has a valid policy copy of third-party liability insurance for the operation of such GoGetter's vehicle to cover any anticipated losses related to such GoGetter's provision of deliveries to posters;
e. You are and will be responsible for any and all damages, loss and harm which results from the operation of your vehicle including, but not limited to, personal injuries, death and property damages and absolutely indemnifies Eternal Meteor Sdn. Bhd. if damages, loss and harm occurs to it and the Platform;
f. You understand that the Platform is just a platform to connect you with posters. You agree that you are an independent contractor, not employees of the platform and Eternal Meteor Sdn. Bhd. You shall ensure that there is and will be no presumption or assumption of any employer-employee relationship assumed or formed with the Platform and/or Eternal Meteor Sdn. Bhd. by your words, actions, conduct and suggestions;
g. You are and will be solely responsible for its own work permit, health and safety in order to accept, carry out and complete properly the delivery of tasks accepted in the poster;
h. You will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws. If you are called by Eternal Meteor Sdn. Bhd. for a meeting or to answer an investigation in connection with your compliance, you shall provide your full co-operation towards the same;
i. You are solely responsible and shall indemnify all claimants including Eternal Meteor Sdn. Bhd. and its representatives against any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving Platform, the Platform in the discharge of its delivery or the services for the poster at all times;
j. You do not and shall not treat, name, defame or hold Platform or Eternal Meteor Sdn. Bhd. responsible or contributable for any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving Platform, the Platform and Eternal Meteor Sdn. Bhd. whether publicly, online or towards third parties. You do not and will make any outdated, inaccurate, untrue, false and defamatory statements about Platform, the Platform and Eternal Meteor Sdn. Bhd. at all times.
1. All GoGetters are independent contractors of Eternal Meteor Sdn. Bhd. only and have declared that there is no agreement whatsoever to enter into any employment relationship with the company.
2. All GoGetters understand that Eternal Meteor Sdn. Bhd. has no limit and/or control over any or all of the GoGetters in any manner. Each and all GoGetters have absolute freedom of their time and conduct over how they execute and complete each delivery and task under a poster in the Platform. All GoGetters accept and agree that the platform and Eternal Meteor Sdn. Bhd. are not the directing mind and controllers of all GoGetters and their work, performance and duties. All GoGetters legally assume their own risks and when they:
a. register with the platform as a GoGetter;
b. enter and use the platform;
c. accept a poster and task in the platform;
d. deal with any person, third party and authority connected with the poster;
e. carry out and complete any delivery and task from the poster;
f. receive payment and fees as a result of each completed delivery task.
Eternal Meteor Sdn. Bhd. warrants at all times that the Platform presents an opportunity where any GoGetter can earn more than one source, a side or second income. It is not to be seen as a full-time, part-time or contract source of employment and/or the only or major source of income for any GoGetter. Further, this representation goes to any third-party advertisement(s) posted by a poster. Similarly, Eternal Meteor Sdn. Bhd. is not responsible for the way and manner of how a GoGetter chooses to earn his, her or their income in life. It is the platform's public policy and encouragement that all GoGetters should be free to look for as much work opportunities as possible and to benefit as many income source providers as possible. For these reasons, there is no hours and time or date fixed by the platform and Eternal Meteor Sdn. Bhd. involving a poster and task. Furthermore, any and all payments from the Platform and Eternal Meteor Sdn. Bhd shall be taken that it or they do not constitute the whole and/or majority income of a or all GoGetters.
3. A GoGetter's relationship through the Platform and with Eternal Meteor Sdn. Bhd. shall not be assumed and treated as a taxable employee and/or partner of Eternal Meteor Sdn. Bhd. All GoGetters shall be responsible for all taxes and government payments in respect of fees and monies received as well as his, her or their own social security contributions. Any payment(s) towards the authorities for the GoGetter(s) has been and is purely based on the GoGetter's free will and elected choice on the platform. Further, the GoGetter undertakes to disclaim liability towards as well as absorb and compensate Eternal Meteor Sdn. Bhd. in full on demand for any liability suffered with any third-parties and any of the authorities or other relevant government department that incorrectly treats the GoGetter as a taxable employee and/or partner.
4.GoGetters shall be responsible for all tools, materials or equipment used, regardless of whether they are personal, provided for by Eternal Meteor Sdn. Bhd. or a third party in carrying out and completing the tasks of the posters in the Platform. Eternal Meteor Sdn. Bhd. provide such tools, materials or equipment, if any, for the objective of helping GoGetters carry out their tasks and not for employment purposes.
5. GoGetters understand that they are free to enter into any employment relationship with any person/authority/body and the service and tasks undertaken by GoGetters shall not be considered a full time and/or part time job that falls within the employment nature.
6. By being a GoGetter, Eternal Meteor Sdn. Bhd. is entitled to submit any necessary support, information and documents collected to the police, authorities or any other government department without needing to inform the GoGetter or a court order for the purposes of resolving any issue faced in respect to a GoGetter.
1. As a poster, there may be a fee for a delivery, job, task or service that a GoGetter has carried out and completed for you or an advertisement that you post on the Platform. The GoGetter or Eternal Meteor Sdn. Bhd. do not receive any compensation or consideration other than the amount (if any) of this fee over this delivery, job, task, service or advertisement unless it is with the mutual agreement of the poster. That being said, this fee is not to be considered as a fixed, substantial and/or main income source for a GoGetter at any time. The fee does not create, imply or suggest an employment relationship between you and the GoGetter and any such relationship does not involve Platform and Eternal Meteor Sdn. Bhd. at any time.
2. A fee may be in cash or through other payment means offered on the Platform. It can also take on any amount from RM0 up, as specified by the poster on the Platform. It is the poster's sole responsibility, and not the responsibility of the Platform or Eternal Meteor Sdn. Bhd., to decide whether and how much to fix the poster's fee for the GoGetter. Any expenses incurred by the GoGetter for the purposes of carrying out or completing a delivery, job, task or service on behalf of the poster will have to be reimbursed in full by the poster to GoGetter once the same is completed.
3. When a post is posted on the Platform for a delivery, job, task or service, Eternal Meteor Sdn. Bhd. will deduct a fixed sum as the posting fees from the poster's prepaid credits on the Platform and hold the same as stakeholder until a successful match is made between the poster and a GoGetter (“Platform Credits”). Platform Credits can be purchased on the Platform using authorized credit cards, e-wallet and any other payment means offered on the Platform. All Credits are non-refundable regardless of:
a. a poster's decision to terminate usage of the Platform;
b. our decision to terminate a poster's usage;
c. disruption caused to our services whether it was planned, accidental or intentional;
d. death, bankruptcy or incapacity; and/or
e. any other reason whatsoever.
4. Once a post successfully matches a poster with a GoGetter on the Platform, Eternal Meteor Sdn. Bhd, takes a cut from the Platform Credits as their fees for the match (“matching fee”). A post is deemed successful once a poster approves of a GoGetter to perform the requirements of his, her or their post or once an automatic task approval on the Platform is activated. To clear all doubt, each matching fee and any fee imposed by Eternal Meteor Sdn. Bhd. shall be regarded as a service fee of the providers involved in relation to the task performed. The Platform and Eternal Meteor Sdn. Bhd. offer no matching guarantee for posts that are posted.
5. The Platform, at its sole discretion, may make available promotional offers with different features at any time and fees may be impacted if you are a preferred partner of the Platform and/or have a Platform preferred partner account with Eternal Meteor Sdn. Bhd. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Platform may change its fees as we deem necessary for our business. We encourage you to check the Platform and its contents periodically if you are interested in keeping abreast of the rate of our fees.
6. In the event that a poster edits, changes, cancels, withdraws or terminates a delivery, job, task or service or a post on the Platform after a GoGetter has commenced with, carried out or completed the same, the poster must bear all expenses and third-party charges incurred by the GoGetter as evidenced by a valid receipt (“expenses”) and treat that the delivery, job, task or service or post had been done as per the original post. In the same way, the poster must pay the sums equal to the full job fee as per the time of the original posting to the GoGetter. In this event, the posting fee, expenses and full job fee shall be deducted from the Platform Credits of the poster by Eternal Meteor Sdn. Bhd. without further notice to the poster and any liability borne by us and the GoGetter unless the original post had stated that the full job fee and/or expenses is/are to be paid by him/her to the GoGetter by cash-on-hand. In such an event, an amount of Platform Credits equal to the full job fee and/or expenses shall be deducted from the account of the poster and temporarily held in the Platform until the full job fee and expenses are completely paid for by the poster to the GoGetter. If the poster fails to pay the full job fee and expenses to the GoGetter after a GoGetter has commenced with, carried out or completed a delivery, job, task or service or a post on the Platform, the Platform Credits that had been temporarily held in the Platform shall be immediately used to pay for the expenses and full job fee by Eternal Meteor Sdn. Bhd. without further notice to the poster and any liability borne by us and the GoGetter.
7. As a Gogetter, you agree to comply with and abide by the following Platform charges (“monetary penalties”) as per our Monetary Penalties Policy on the Platform. GoGet Recruit
8. When you, as the poster, post an advertisement or job advertisement on the Platform to support your business, a separate fee will be charged by Eternal Meteor Sdn. Bhd (“advertisement fee”). Hence, you agree to pay Eternal Meteor Sdn. Bhd the advertisement fee and all relevant charges for your advertisement or post. Furthermore, all advertisement fees are fixed and non-refundable once a post is posted by you. The Platform and Eternal Meteor Sdn. Bhd. offer no hiring guarantee for flexible hiring posts that are posted by you as the poster.General
9. As a poster, you agree to assume full liability for the payment of all fees and costs due to the GoGetter and Eternal Meteor Sdn. Bhd. Additionally, as a GoGetter, you agree to assume full liability for the payment of all fees and costs due to the poster and Eternal Meteor Sdn. To this extent, Eternal Meteor Sdn. Bhd. is absolutely entitled to take all necessary action to seek compensation and relief from you and your representatives over any claims of injury, harm or damage sustained, the cost thereof shall be borne by you.
10. The poster and GoGetter shall assume their own risks and responsibilities in connection with financial transactions arising from a post on the Platform. The Platform and Eternal Meteor Sdn. Bhd. shall not be held liable, responsible, blamed and harmed for any event of default on behalf of a poster and/or GoGetter. Events of default include but are not limited to non-payment of fees and/or expenses to the GoGetter, and/or non-completion of a delivery, job, task or service by a GoGetter for whatsoever reason.
1. You agree that you will use the services in a manner consistent with any and all applicable laws and regulations as well as any of our Platform terms, conditions, policies and updates.
2. With respect to your account, participation on the Platform or through the services, you agree that you will not:
a. Impersonate any person or entity;
b. "stalk" or otherwise harass any person;
c. Express or imply that any statements you make are endorsed by us, without our specific prior written consent;
d. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the services or its contents;
e. Publish, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
f. Remove any copyright, trademark or other proprietary rights notices contained in the service;
g. Interfere with or disrupt the services or the Platform or the servers or networks connected to the services or the Platform;
h. Post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the service;
j. "frame" or "mirror" any part of the service, without our prior written authorization or use meta tags or code or other devices containing any reference to us or the services or the Platform in order to direct any person to any other website for any purpose; or
k. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the services or any software used on or for the services or cause others to do so.
3. You further agree that your information and your interactions with Eternal Meteor Sdn. Bhd, on or through the Platform shall not:
a. Be false, inaccurate or misleading (directly or by omission or failure to update information);
b. Infringe any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
c. Violate any law, statute, ordinance or regulation or do anything that becomes a restricted activity as per this terms of service;
d. Be anything expressly or impliedly defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material;
e. Contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language;
f. Contain any viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
g. Create liability for us or cause us to become subject to regulation as a delivery carrier or provider of courier service; or
h. Link directly or indirectly to any other websites.
i. Allow any transfer, use, or sell your Platform account and/or id to any other party.
j. Cause or allow to cause any infringement of policies, terms of service, terms and conditions and written agreements of the Platform and Eternal Meteor Sdn. Bhd.
We reserve the right, but we have no obligation, to reject or take action against any poster or GoGetter that does not comply with these prohibitions. Aside from our monetary penalties, we reserve the right, but are not obligated to investigate, report you to the authorities, inform the other users in the Platform regarding you, suspend and/or terminate your account and participation in the Platform at any time if you have/are/are being suspected of:
a. misusing the Platform or the services; and
b. communicating, acting or behaving in a way which could be regarded by us third parties or other users as inappropriate or whose conduct is unlawful or illegal; and/or
c. encouraging, promoting or inciting an activity, matter or job which could be regarded by us, third parties or other users as a scam/fraudulent activity and/or assisting in or connected to a scam/fraudulent activity.
Furthermore, you waive your rights to make any claim against us for terminating your account and participation in the Platform as well as accept any conditions placed on you and/or necessary action taken against you for the purposes of protecting the interests of the Platform and our users.
Billing and Payment
1. Partners, clients, customers, posters or GoGetters of the Platform may be expected to pay in advance for the services via the Platform or in cash. In the event that neither applies, advance future payments shall be completed by the posters via the designated method as prescribed in the Platform or Eternal Meteor Sdn. Bhd. invoices.
2. All other invoices issued through the Platform or by Eternal Meteor Sdn. Bhd. must be paid within 14 days of the date of invoice unless otherwise agreed in writing by the Eternal Meteor Sdn. Bhd. In the event of late payment, a late payment interest shall be automatically levied on the amount outstanding before and after judgment at the rate of 8% of the total invoice sum and shall be in force from the due date until the date of payment. In addition, invoices unpaid for more than 30 days after the invoice date will incur an automatic penalty surcharge of 10% of the outstanding amount (including the compounding interest).
3. If any amount of an invoice is disputed then the recipient shall inform Platform or Eternal Meteor Sdn. Bhd. in writing of the grounds for such dispute within 7 days of delivery of the goods, failing which acceptance is deemed by the issuer.
4. Platform and/or Eternal Meteor Sdn. Bhd. reserves the right to increase a quoted fee in the event that its GoGetter, poster, partner, customer or client requests a variation to the work agreed without any waiver to these terms and conditions.
Users of the Platform acknowledge that Platform is not party to any contracts for the jobs completed. Payment for the jobs is made directly from the Poster to the GoGetter and not by Platform
By using Platform you will be required to provide your bank account details and credit/debit card to Platform and to the Payment Service Provider utilized by Platform. Posters will be responsible for paying the invoice of each job which may include:
1. Pricing of items agreed and provided by GoGetter.
2. Any out of pocket expenses made by the GoGetter but agreed by the Poster.
3. The tip/fee/gratuity payment for services rendered by the GoGetter.
4. The service charge Platform charges for utilization of the platform. By agreeing to use Platform, you agree to abide by and comply with the terms of service of Braintree's Acceptable Use Policy.
1. Payment Terms1.1 These payment terms below constitute as a legal agreement between you and Eternal Meteor Sdn. Bhd., governing your access to and use of our Services as a paying customer. Any changes and updates made by us shall be binding on you.
2. Changes of Terms2.1 We may amend the Payment Terms from time to time in our sole discretion without notice or liability to you. It is your responsibility to review these Payment Terms periodically. By continuing to use the Services following such amendments to the Payment Terms, you agree to be bound by such amendments. If you do not agree to the Payment Terms, now or at any time, please do not use the Site, Applications, Subscription Plans, or any of the Paid Services.
4. GoGet Commission Terms4.1 Payment:
1. By acting as a verified GoGetter, you authorize Eternal Meteor Sdn. Bhd to charge the applicable fees, referred to as “Platform Commission” to your designated billing payment method.
2. When you claim a job, you will be charged immediately.
3. You agree to abide by the terms and conditions of our payment collections partner. Our payments collections partner is BillPlz (https://www.billplz.com/terms.pdf)
4. If your account has a due amount, you must settle the balance owed within 7 days through our payments collections partner, failing which, Platform at its absolute discretioni has the right to suspend your account until such time as payment is made.
5. Account balances can be set off by incentives or admin fees.
6. Platform has full discretion in investigating and deeming fraudulent transactions, by which Platform has the ability to suspend your account.
7. As a GoGetter, you agree to pay Platform a commission for matching you with a job. The commission will be as per stated in the Platform.
8. In the event GST or any other ancillary charges are required to be added to the commission, Platform has the right at its absolute discretion to revise the rate of commission to accommodate this. 4.2 Incentives:
From time to time we may offer incentives for our GoGetters. Platform has full rights to determine the incentives as and when and may change them at any point in time. Platform can deem any sort of misinformation provided, abuse or misuse of the Platform; if so, Platform has full rights to suspend and take actions against the GoGetter or Poster. If the GoGetter has received any complaints, strikes, or reports that go against standard policy as stipulated in the verification session, Platform reserves the right to not provide the incentive. Upon any dispute on the incentive between Platform and GoGetter, Platform has the final decision on whether the GoGetter qualifies for the incentive. 4.3 Fair usage:
1. Platform has the right to withhold payment due to any GoGetter in connection to a case where there is a:
a. Platform Fee;
b. Restricted Activities; and/or
c. monetary penalty.
Investigation will take place and Platform has the final decision on whether the payment should be withheld permanently or not. If Platform or its officers conclude from investigation that any of the above matters has occurred, Platform has the right to refuse or forfeit payment of a GoGetter at any time as well as make any compensation claim for any contract damage or harm occasioned.
3. Any compensation refund will be granted based on the terms and procedure laid down in our “In- app compensation request feature” and subject to the discretion of the management of Eternal Meteor Sdn. Bhd. Refunds, however, will be determined based on investigation, information submitted by users and after we have concluded that the funds must be refunded to the user.
5. Price Adjustments5.1 We may increase the commission payable at any point in time. If you continue to use Platform, you shall be deemed to have accepted the new cost for that renewal term and any subsequent renewal terms.
6. Accessing Our Services6.1 We make every effort to ensure that our Services are always available, but we cannot guarantee that Services will not be uninterrupted. We will not be liable to you if for any reason our Services are unavailable at any time or for any period. 6.2 You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Payment Terms and other applicable terms and conditions, and that they comply with them.
7. GoGet Credits 7.1 You may purchase Platform Credits through the payment method offered on the platform or through a formal invoicing method issued by Eternal Meteor Sdn Bhd.
7.2 Platform Credits are strictly non-refundable.
7.3 You may not transfer, resell or exchange Platform Credits in any form to other Platform user accounts.
7.4 If you purchase Platform Credits, you have agreed to the terms of service of the Company's processing partner and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution.
7.5 If you purchase Platform Credits under a Platform Business Account, you have agreed to bear management fees.
7.6 The Company may upon its sole discretion reject your request to purchase Platform Credits, for any reason whatsoever, including without limitation, where the Company deems your account to exercise fraudulent activity and motives.
7.7 Your Platform Credits will not receive interest or other earnings. The Company may receive interest on amounts that the Company holds on your behalf. You agree to assign your rights to the Company for any interest derived from your Platform Credits.
7.8 You may check your Platform Credits balance and expiration details in your account.
7.9 If the event of any error in your Platform job that results in chargebacks from financial institutions, chargebacks for compensation to GoGetters due to misconduct, or other errors, the Company reserves the right to claw back the amount (up to the disputed amount) from your Platform Credits or by any other way it deems fit in its sole discretion.
7.10 The Company reserves the right to forfeit your Platform Credits where upon investigation it believes that your account may be fraudulent, illegal, or involving any criminal activity or where the Company reasonably believes you are a threat to the safety of the Community.
7.11 All Platform Credits will only be valid for one (1) year from the date of your last credit purchase or the posting date of your last completed job, whichever is later.
7.12 You may view your expiration date in the Platform Application and it shall serve as conclusive evidence of the expiration date of your Platform Credits. The Company shall have the right to deal with the expired Platform Credits in such manner as it deems fit in its absolute discretion including such Platform Credits being forfeited.
Insurance1. At Platform, we are not, in any way, directly or indirectly liable and responsible for personal loss or injury, and property loss or damage experienced by you. All posters and GoGetters are responsible to obtain their insurance or protection against risk and shall not hold Platform and/or Eternal Meteor Sdn. Bhd. liable or responsible for damage or loss suffered. However, as a GoGetter, you can choose to purchase a daily or monthly insurance option with our Platform partner to protect you while you are doing GoGet jobs. Notwithstanding this, Platform and/or Eternal Meteor Sdn. Bhd. reserves the right to recover compensation or claim indemnity against you as the poster and/or GoGetter for direct or indirect damage or loss suffered.
2. To protect the smooth operations of the Platform, Eternal Meteor Sdn. Bhd. is insured against risk and loss directly caused by Platform employees and Eternal Meteor Sdn. Bhd.
Social Media and Networking Sites1. As part of the functionality of the Platform, you may be able to login through online accounts you may have with third party service providers (each such account, a “third party account”) by either providing your third party account login information through the Platform; or allowing Platform to access your third party account, as is permitted under the applicable terms and conditions that govern your use of each third party account.
2. You represent that the Platform is entitled to disclose your information in the Platform, social media and its networking sites, without breach by you of any of the terms and conditions that govern your use of the applicable third party account and without obligating Platform to pay any fees or making Platform subject to any usage limitations imposed by such third party service providers. By granting Platform access to any third party accounts, you understand that Platform may access, make available and store (if applicable) any content that you have provided to and stored in your third party account (the “social networking site/sns content”) so that it is available on and through the Platform via your account, including without limitation any friend, contacts or following/followed lists, and Platform may submit and receive additional information to your third party account as indicated herein.
Platform E-mail and Text Communications1. E-mail communications and text messages sent from or through the Platform or Eternal Meteor Sdn. Bhd. are designed to make your Platform experience more efficient. By becoming a poster, you specifically agree to accept and consent to receiving e-mail communications and text messages initiated from us or through us, which include, without limitation: message notification e-mails, e-mails or text messages informing you about potential available Platform tasks or posters and e-mails informing you of promotions we run and emails informing you of new and existing features we provide. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you change your mobile phone service provider, the notification service may be deactivated for your phone number and you may need to re-enroll in the notification service. Platform reserves the right to cancel the notification service at any time. If you do not wish to receive any of our e-mail communications or text messages, please do not use the services or sign up on the Platform.
Information Control1. Location data provided by the Platform is for basic location 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 Platform, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the services. Any of your information, including geolocational data, you upload, provide, or post on the Platform may be accessible to certain spaces in the Platform. We cannot verify or guarantee the accuracy of the information a poster provides us on the Platform, and we do not control the information provided by other posters that is made available through our system. Therefore, Platform cannot and does not confirm each poster's purported identity. You may find other poster's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Platform. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using the Platform, you agree to accept such risks and Platform is not responsible for the acts or omissions of others on the Platform. In order to help you evaluate with whom you are dealing, Platform can link to a poster's facebook.com profile if they supply us with their facebook.com account information.
1. Eternal Meteor Sdn. Bhd. owns and retains ownership of the Platform, and all intellectual property therein. Contingent upon your compliance with the terms and conditions of this agreement, Platform hereby grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Platform on any desktop or mobile device that you own or control and as permitted by these Platform terms and conditions of service. This license does not allow you to use the Platform on any mobile device that you do not own or control, and you may not distribute or make the Platform available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Platform. You may not copy (except as expressly permitted by this license and the usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Platform and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Platform that replace and/or supplement the Platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
3. Eternal Meteor Sdn. Bhd. and the Platform respect the intellectual property of others, and expect posters to do the same. If you believe, in good faith, that any materials on the services infringe upon your copyrights, please send the following information to Platform vide the Platform:
a. A description of the copyrighted work that you claim has been infringed, including specific location on the services where the material you claim is infringed is located. Include enough information to allow Platform to locate the material, and explain why you think an infringement has taken place; explain why you think an infringement has taken place;
b. A description of the location where the original or an authorized copy of the copyrighted work exists - for example, the url (internet address) where it is posted or the name of the book in which it has been published;
c. Your address, telephone number, and e-mail address;
d. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
f. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Notices, Complaints1. Except as explicitly stated otherwise, any notices to Platform shall be given by certified mail, postage prepaid and return receipt requested to:Eternal Meteor Sdn Bhd
No 52, 1st Floor,
Jln SS 21/58,
47400 Petaling Jaya, Selangor
2. Additionally, any notices to you shall be provided to you through the Platform or given to you via the email address you provide to Platform during the registration process. In such a case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Platform during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
3. To resolve a complaint regarding the service, you should first contact our customer service department by email at firstname.lastname@example.org. If our customer service department is not able to resolve your complaint within 60 days from the date of the filing, you may write to us officially on the matter at the address above, failing a response within 14 days thereof, file a complaint with the Tribunal For Consumer Complaints Of Malaysia as stipulated in the Consumer Protection Act 1999.
Breach & Indemnity
1. Without limiting other remedies, we may terminate your participation, remove your information, warn our community of your actions, issue a warning, and refuse to provide our services to you if:
a. You breach this agreement or the documents it incorporates by reference;
b. We are unable to verify or authenticate any information you provide to us;
c. We believe that your actions may have caused financial, reputational and/or actual loss or legal liability to our posters, GoGetters and/or us, or the Platform; and/or
d. If we suspect that you have engaged in scam, illegal, unlawful and/or fraudulent activity in connection with the Platform or the services.
2. You will defend, indemnify, and hold us and our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the service, including:
a. Your breach of this agreement or the documents it incorporates by reference;
b. Your violation of any law or the rights of a third party, including, without limitation, to the Platform, Eternal Meteor Sdn. Bhd. and our representatives and/or partners, our posters, our GoGetters, other motorists, and pedestrians, as a result of your own interaction with such third party,
c. Any allegation that any materials that you submit to us or transmit to the services or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
d. Your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of deliveries to posters; and/or
e. Any other activities in connection with the services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Online Content Disclaimer1. Opinions, advice, statements, offers, or other information or content made available through the services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the services and neither do we adopt nor endorse nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the services, or transmitted to posters. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the services. Notwithstanding this right, you remain solely responsible for the content of the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the "content") that you post in the public areas of the services and in your private e-mail messages. We shall have the right to remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of posters or others. E-mails sent between you and other posters that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.
2. The Platform contains (or you may be sent through the Platform or the services) links to other websites ("third party sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "third party applications, software or content"). Such third party sites and third party applications, software or content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third party sites accessed through the Platform or any third party applications, software or content posted on, available through or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third party sites or the third party applications, software or content. Inclusion of, linking to or permitting the use or installation of any third party site or any third party applications, software or content does not imply approval or endorsement thereof by us. If you decide to leave the Platform and access the third party sites or to use or install any third party applications, software or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which you navigate from the Platform or relating to any applications you use or install from the Platform.
3. In the event that you have a dispute with one or more posters, you agree to release Platform and Eternal Meteor Sdn. Bhd. (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other posters or to your use of the Platform or the services. In other words, you are solely responsible for your interactions with other posters. We reserve the right, but have no obligation, to monitor disputes between you and other posters. Please carefully select the type of information that you post on the Platform or through the services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other posters or posters (including unauthorized posters, or "hackers"). Platform only offers a venue that enables GoGetters and posters to match with each other. Platform does not offer delivery services and Platform is not a delivery company. We are not involved in the actual delivery provided by GoGetters to posters. As a result, we have no control over the quality or reliability of the delivery that occurs as a result of the service; nor do we have any control over the truth or accuracy of the posters' information listed on the Platform. We cannot ensure that a GoGetter or poster is who he or she claims to be or that a GoGetter or poster will actually complete an arranged service. We reserve the right to change any and all content, software and other items used or contained in the Platform and the services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Platform or the Platform.
4. The Platform and the services may be temporarily unavailable from time to time for maintenance or other reasons. Platform assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, poster communications. Platform is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet, on the Platform, on any web site or any combination thereof, including injury or damage to poster's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the services.
Limitation of Liability1. We, the Platform and Eternal Meteor Sdn. Bhd., our subsidiaries, officers, directors, employees and our suppliers provide the Platform and the services on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Platform and/or the services. We, our subsidiaries, officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We do not warrant that your use of the services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the services will be corrected, or that the services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each poster is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Platform or the services by persons under the age of 18 in violation of this agreement. We are not responsible or liable in any manner for any content posted on the Platform or in connection with the service, whether posted or caused by posters of the Platform, by Platform, by third parties or by any of the equipment or programming associated with or utilized in the Platform or the services. Although we provide rules for poster conduct and postings, we do not control and are not responsible for what posters post, transmit or share on the Platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content and/or scam you may encounter on the Platform or in connection with any content. Platform is not responsible for the conduct, whether online or offline, of any poster of the Platform or services. It also is possible for others to obtain personal information about you due to your use of the Platform or the services, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose on the Platform or through the services.
2. In no event will we, our subsidiaries, officers, directors, employees or our suppliers, be liable to you for any incidental, consequential, or direct damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by our services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with Platform, our services or this agreement (however arising, including negligence) even if we or our agents or representatives know or have been advised of the possibility of such damages. We do not screen the tasks posted on the Platform using the services in any way. As a result, we will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of Platform or the services, including, without limitation, to damages arising out of communicating and/or meeting with other posters of Platform or the services, or introduced to you via Platform or the services. Such damages include, without limitation, physical damages, bodily injury, death and or emotional distress and discomfort. Notwithstanding anything to the contrary contained herein, our liability, and the liability of our subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to up to 10% or the value of the good in question or RM 100.00, whichever is lower.
Confidentiality1. You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Platform's business, operations and properties (“confidential information”) disclosed to you by Platform for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any confidential information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of confidential information of Platform in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Platform with regard to any confidential information which you can prove: (a) was in the public domain at the time it was disclosed by Platform or has entered the public domain through no fault of yours; (b) was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; (c) is disclosed with the prior written approval of Platform; (d) becomes known to you, without restriction, from a source other than Platform without breach of this agreement by you and otherwise not in violation of Platform's rights;or (e) is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to Platform to enable Platform to seek a protective order or otherwise prevent or restrict such disclosure.
Termination1. Either you or we may terminate your participation in the Platform by removing your information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination, we will remove all of your information from our servers, though we may retain an archived copy of records we have about you as required by law or for legitimate business purposes. We maintain sole discretion to bar your use of the services in the future, for any or no reason. Even after your participation in the Platform is terminated, you remain bound to the terms of confidentiality in this service term and condition.
Resolution of Disputes and Legal Claims1. Legal disputes or claims between the parties which cannot be resolved informally will be submitted to friendly negotiations first between their legal counsels before further submitting the same for mediation in Malaysia. Parties may elect mediation or court as the finality of the dispute for a binding decision. In the event of mediation, the mediation shall be conducted by the Malaysian Mediation Centre (“MMC”). Alternatively, any judgment on the award rendered by the courts may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by you related in any way to the Platform and/or the services (including your use of the Platform and/or the services) be instituted more than 6 years after the cause of action arose.