Terms Of Use

Last Updated: 1^st October 2024

1. INTRODUCTION

1. Welcome to the GoFluence Mobile Application and thank you for using our mobile application. In addition to the mobile application, our GoFluence Services, www.gofluence.io is accessible to the Merchants that sign up with GoFluence Services.  GoFluence Holding Sdn. Bhd. (Company No.: 201801014932/ 1276948-H), and/or its affiliates and/or its subsidiaries (collectively known as “GoFluence” or “we” or “us” or “our”) collectively provides an e-commerce platform where registered Merchants and/or Merchants and/or the general public (hereinafter collectively referred to as “Users”) are able to place, accept, conclude, manage and fulfil orders for the services through the GoFluence Mobile Application and/or GoFluence Website.

2. Users are advised to read carefully the following Terms & Conditions of Use before proceeding to use the Mobile Application and/or GoFluence Website respectively (hereinafter referred to as “GoFluence Platform” and/or “GoFluence Services”) as it affects the User’s legal rights, liabilities and obligations with respect to GoFluence under the law. By accessing, browsing and/or using GoFluence Services, the User is deemed to have irrevocably and unconditionally agreed to the GoFluence Terms and Conditions of Use which are meant to be read together with the following agreement and policies:

1. Merchant’s Agreement (in respect of a Merchant);
2. Privacy Policy;
3. Any other policies published on the  GoFluence Platform.

1.2.1 The Terms of the Policies stated in Items 1.2 (a) to (c) are an integral part of the Terms and Conditions of Use herein by reference, and collectively constitute a legally binding agreement between the Users and GoFluence.

3. The GoFluence Services provided thereof include but are not limited to information, linked pages, features, data, texts, images, video, content, programming, software, application services or any other materials made available through the GoFluence Platform. The GoFluence Services is an online platform which provides for the sale of services between a Merchant and a User (collectively referred to as “You” and/or “Users” and/or “Parties”). The actual contract for services or any other contract is directly between the Merchant and the User, GoFluence is not a party to that or any other contract between the User and the Merchant and accepts no obligation in relation to such contract. In the sale of service transaction, the Parties to such transaction will be entirely responsible for the sales contract between them including the services sold, the Merchant shall perform the services in a competent and professional manner according to standards agreed upon by the Merchant and User mutually, or by the such representation of the Talent and/or such User, and others. GoFluence is not in any way involved in the contract between the Parties and GoFluence cannot ensure that Users will actually complete a transaction.

1.3.1 You shall agree to use the GoFluence Services at your own risk. GoFluence will not be responsible for any loss you suffer that arises from the use of the GoFluence Services. By continuing to use GoFluence Services, you agree to indemnify GoFluence from any losses that you may suffer therefrom.

4. The User’s access and use of the GoFluence Services are governed by the GoFluence Terms and Conditions and any law in force in Malaysia, including but not limited to, the Malaysian Communications and Multimedia Act 1998 and the Malaysian Communications and Multimedia Content Code. If you do not agree with GoFluence Terms and Conditions, please do not use GoFluence Services.

5. GoFluence reserves the right to change, modify, add, or remove portions of the GoFluence Terms and Conditions at any time. The users shall be notified of any amendments towards the Terms and Conditions of Use or any other GoFluence policies, by way of an announcement and/or notification which would be posted on GoFluence Mobile Application and GoFluence Website. If you do not agree with the said amendments, you should not continue to use the GoFluence Services. If you continue to use the GoFluence Services after the effective date of the announcement, you shall be deemed to be aware and accept the said amendments and/or changes. 

6. A limited and revocable license is granted to you to access and use the GoFluence Services subject to GoFluence Terms and Conditions. GoFluence also reserves the right to refuse to provide you with access to GoFluence Services at any given time and for whatever reason as deemed fit by GoFluence.

TAKE NOTE THAT BY USING GOFLUENCE SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS. 

BY USING AND/OR CONTINUING USING GOFLUENCE SERVICES, IT IS DEEMED THAT YOU HAVE ACCEPTED AND CONSENTED TO THE GOFLUENCE TERMS AND CONDITIONS OF USE INCLUDING ALL OTHER TERMS, POLICIES AND RULES REFERRED TO HEREIN. KINDLY TAKE NOTE THAT IF YOU ARE UNDER THE AGE OF 18 OR BELOW THE LEGAL AGE FOR GIVING CONSENT UNDER THE APPLICABLE LAWS IN YOUR COUNTRY (WHICHEVER IS YOUNGER), YOU MUST ONLY OPEN AN ACCOUNT WITH GOFLUENCE OR USE THE GOFLUENCE SERVICES WITH THE INVOLVEMENT OF A PARENT OR LEGAL GUARDIAN AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND WILL BE FULLY RESPONSIBLE FOR ALL THE ACTIVITIES AND USE OF THE SAID ACCOUNT. 

2. PRIVACY

1. To understand and to get a complete description of GoFluence’s practices with regards to your personal data and privacy, please review our Privacy Policy linked hereto. If you continue to use GoFluence Services, you are deemed to accept and consent to the terms stated in the Privacy Policy including, but not limited to, the ability of GoFluence to collect, keep, disclose, use or process your personal data, content and others as described in the said Privacy Policy.

2. The Users of GoFluence (“the Receiver”) who happens to receive another User’s information through GoFluence Services will obey the laws with regard to data protection. The Receivers will also be responsible to remove such User information collected and/or received if the same was requested from the Discloser.

3. ACCOUNT AND SECURITY

1. You shall be deemed to agree to the following:

1. your User ID should not be offensive and/or inappropriate in any form;

2. only log into the GoFluence Platform using your own User ID and password; 

3. your account and password should always be confidential;

4. always restrict third-party access to your account and any credit/debit card usage;

5. you are and will be held responsible for all activities that occur under your account or password even if such activities were not committed by you;

6. always successfully log out from your account every time you end your session at the  GoFluence Platform;

7. to notify GoFluence immediately if you have found or suspect that there has been unauthorized use of your Account’s User ID and password;

8. you are responsible to ensure that all your Account information on the  GoFluence Platform is up to date and accurate; and

9. GoFluence has the right but not the obligation to monitor, edit or remove any activity or content.

2. GoFluence will not be responsible or liable for any activity that occurs under your User ID and password even if the said was not done by you. GoFluence is not liable for any loss or damage arising out of any unauthorized use of your User ID and password or your failure to comply with the terms herein. You are fully responsible for all activities that take place under your account.

3. GoFluence reserves the right to terminate your account and/or your rights to use GoFluence Services, refuse services, remove or edit content, cancel orders, temporary withhold any sales proceeds and refund and/or take any other action in its sole discretion with or without notice, liability to you or any third party. Grounds that warrant such actions to be taken against you may include, but are not limited to the following actual or suspected:

1. account inactivity for a substantial period of time;

2. violation of any of the GoFluence Terms and Conditions;
3. of any fraudulent, illegal, defamatory, harassing, threatening or any other harmful behaviour to other Users, third parties or business interest of GoFluence;

4. having more than one User account;

5. any type of behaviour that is abnormal and harmful to other Users; and

6. any legal proceedings that have commenced or would potentially commence against you relating to your GoFluence Account or your use of GoFluence Services.

4. If you wish to terminate your User account, you may do so by sending a written notice of the aforesaid intention to GoFluence at admin@gofluence.io. Notwithstanding the termination, Users will continue to remain entirely responsible and liable for the following, regardless before or after the termination date:-

1. any incomplete transaction;
2. any service(s) to be rendered;
3. any payment for the service(s); and
4. any other obligation of the User. 

GoFluence will not be liable and shall have no liability for any damages incurred that arise with regards to the action taken in relation to this Section. Users waive any claims that arise from such action taken by GoFluence.

4. USE OF THE GOFLUENCE SERVICES 

1. You are granted a non-transferable and revocable license to use GoFluence Services until and/or unless terminated. This license is subjected to GoFluence Terms and Conditions including other GoFluence policies, terms and conditions provided herein and failure to comply with these terms and conditions may result in the termination of your account with or without further notice to you. 

2. The content displayed on the  GoFluence Platform is solely for informational purposes only. GoFluence does not make any representation of services on  GoFluence Platform and this representation is made by the Merchants. Any and/or all opinions, comments, reviews, other content and/or postings which are seen on the  GoFluence Platform are posted by individuals themselves. GoFluence may or may not share the same views as the opinions and/or comments posted by any individual and the same cannot be interpreted as an implied impression of GoFluence’s views.

3. GoFluence takes no responsibility and assumes no liability for any content posted by you or any third party, publicly or privately. To the maximum extent permitted by applicable law, under no circumstances will GoFluence be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any  Content posted, emailed, transmitted or otherwise made available on the  GoFluence Platform. 

4. You must evaluate, and bear all risks with regard to the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created by GoFluence or submitted to GoFluence and in all other parts of the  GoFluence Platform.

5. GoFluence Users are not affiliated with GoFluence in any way other than to use the GoFluence Services as an independent individual or an independent business. GoFluence does not own, possess any services offered or sold on the  GoFluence Platform

6. GoFluence has the right to remove any Content due to the following reasons:

1. if the content violates GoFluence Terms and Conditions;
2. if we receive a complaint from another User;
3. to comply with legal process;
4. to protect the rights, property and safety of its Users, GoFluence and/or the Public; or
5. if we receive a notice of intellectual property infringement.

7. GoFluence may also block delivery of communication such as status updates, postings and/or messages to or from GoFluence Services in an effort to protect our Services or User. 

8. GoFluence Users are responsible for delivery of media or materials according to campaign requirements, and in the event of Users failing to comply with said requirements, the User shall either arrange a return of products in unused condition or compensate to the Merchant the full retail value of the provided product or service, including logistic fees if applicable.

9. GoFluence users who request for a dispute resolution through GoFluence’s user support facilities shall provide factual evidence to substantiate their claims. Modell shall investigate such claims and provide a resolution within 2 business days, provided that said resolution is within GoFluence’s authority and means. In disputes where local authorities are involved, GoFluence shall assist to provide evidence to support users filing the claim upon written request from the authorities.

10. GoFluence has the right but not the obligation to the following:

1. monitor and control any material, activity, content or screen, on the  GoFluence Platform and GoFluence, may at its sole discretion take appropriate action towards any violation of the GoFluence Terms and Conditions after the completion of such investigations;

2. restrict an unauthorized User from using GoFluence Services;

3. GoFluence would report suspected violations of any applicable laws to the relevant authorities. GoFluence would also cooperate with relevant authorities with regards to the said violation; and/or

4. GoFluence will be required to inquire further and request further information and data from you in relation to your use of GoFluence Services at any time as part of our due diligence exercise and if you refuse to cooperate in providing such information, GoFluence has reasonable grounds to suspect that you have provided us with inaccurate, misleading, or fraudulent information.

5. USER RESTRICTIONS

The following acts are prohibited and you hereby agree not to do the following:

1. the violation of GoFluence Terms and Conditions, terms and conditions, regulations, and other policies that are listed on the  GoFluence Platform, including but not limited to, accessing the  GoFluence Platform and GoFluence Services on behalf of a third party;

2. intentionally or unintentionally use GoFluence Services to violate any applicable national or international law, policies or regulations including but not limited to the laws  relating to anti-money laundering or counter-terrorism;

3. upload, post, transmit or make available by any means or way any content that is unlawful, vulgar, threatening, harmful, misleading, defamatory, harassing, abusive, libellous, false, distressing, obscene, alarming, fraudulent, unconscionable, deceptive, unsolicited or unauthorised advertising, promotional materials or any other unauthorised form of solicitation or other proprietary rights of any party and any content that may harm an unsupervised minor;

4. delete, remove or eliminate any proprietary notice from the  GoFluence Platform;

5. obstructing another User’s enjoyment of GoFluence Services in any way;

6. use an emulator, stimulator, or bot to access the  GoFluence Platform ;

7. attempt to decompile, reverse engineer or disassemble, tamper with or bypass any security associated with the GoFluence Software whether whole or in part;

8. provides or makes available content that infringes the intellectual property rights of others including but not limited to, patent, trademark, trade secret and copyright;

9. manipulate in any way or interfere with other User’s listings; and

10. use the Services to upload Content to impersonate or misrepresent your affiliation with any person or entity.

You understand that any content that has been publicly posted or privately transmitted is solely and entirely your responsibility from which the origin of such Content came. GoFluence is not involved and responsible at all for any and all Content that you post and/or transmit by anyway, means or form. You fully understand that by using the GoFluence Services you may be exposed to Content that you may consider being offensive and objectionable. Users agree that under no circumstances GoFluence will be, to the maximum extent applicable by the law, liable in any way for any Content made available through the  GoFluence Platform.

6. VIOLATION OF GOFLUENCE TERMS AND CONDITION

Violations of this Terms and Condition of Use and any other terms and conditions, policies and/or regulations implied herein may result, including but not limited to, the following:

1. Removal of Listing(s);

2. Limitations would be set on that particular Account;

3. Account suspension and/or termination; and/or

4. Criminal charges and/or Civil actions.

7. TRADEMARK AND COPYRIGHTS

1. GoFluence and its logos are lawfully registered trademarks of GoFluence. All intellectual property rights on the  GoFluence Platform, including but not limited to web designs, texts, graphics, software, photos, video, music, and all software compilation (“Intellectual Property”) shall remain the property of GoFluence and where appropriately applicable, our affiliates or a third-party intellectual property owner.

2. The respective Malaysian copyright and trademark laws along with the international conventions protect the Intellectual Property within GoFluence Services and this  GoFluence Platform. GoFluence reserves all its rights.

3. No parts of the GoFluence Platform, content and/or the  GoFluence Platform May be reproduced, reversed engineered, altered, dissembled, mirrored, transfer, republished or transmitted in any way, means or form without prior written consent from GoFluence or that Intellectual Property Owner.

4. The Users are not associated with GoFluence in any way, they are independent individuals or businesses. GoFluence does not hold and/or own any of the listings listed on the  GoFluence Platform.

5. If you are an Intellectual Property Owner and you find that your principal’s right has been infringed please send us a written notice together with the supporting documents as proof of evidence via email to admin@gofluence.io and a copy of the same to our legal team at legal@gofluence.io. Please include a physical or an electronic signature of your signature being the Intellectual Property Owner. The said written notice should include a statement by you stating that the information provided in the notice is accurate and you would indemnify GoFluence for any damages that GoFluence may suffer from relying on the information that was provided to us by you in the written notice. If the written notice was from an agent, the agent should include in the written notice that he/she has the appropriate locus and right to act on behalf of the Intellectual Property Owner with regards to the complaint. Notwithstanding the written notice is from a particular agent, a physical or an electronic signature of the Intellectual Property Owner should be affixed on to the said written notice.

8. REFERRAL REWARDS
   1. GoFluence implements a referral system to reward existing users who introduce new users to the platform.
   2. To qualify for the referral reward, newly registered users are required to update their account details in the verification section and have uploaded their identification documents. All new account users are subject to verification by GoFluence’s administrative team before any referral rewards will be issued.

9. PURCHASE AND PAYMENT

1. GoFluence Services supports Credit Card payment methods. A third-party channel will be used to process the Credit Card payments.

2. GoFluence reserves the rights to inspect if the payment methods are being used with valid authorization and may suspend the transaction until such authorisation is confirmed or cancel the said transaction where such confirmation is not available.

3. GoFluence shall not be held responsible and accountable for any loss or damages to the User that results from shipping information, payment information and/or wrong remittance by the User with regards to the payment for the purchased product. 

4. For the time being, GoFluence is only able to make payments to Users using bank transfers. Users are required to provide GoFluence with his/her banking details in order to receive payments i.e. from the sale of items or a refund from GoFluence.

10. GOFLUENCE POINTS

1. GoFluence Points are tokens used to exchange for services on the GoFluence Platform which includes the Mobile Application and GoFluence Website.

2. GoFluence provides a wallet service that allows Users to view current GoFluence point balance and usage in the form of transaction history

3. GoFluence Points shall only be used on the GoFluence Platform which includes the Mobile Application and GoFluence Website.

4. ONE(1) GoFluence Point equals ONE(1) Ringgit Malaysia

5. GoFluence Points are not transferable and may only be withdrawn.

6. GoFluence reserves the right to cancel or withhold any transaction on the GoFluence Platform which includes the Mobile Application and GoFluence Website as it deems necessary.

11. FRAUDULENT OR SUSPICIOUS ACTIVITY 

1. In any event or circumstance where GoFluence in its sole discretion, believes that You have engaged in any potentially fraudulent or suspicious activity and/or transactions, GoFluence may take the necessary steps and actions to protect GoFluence and its Users other third parties or You from Reversals, Chargebacks, Claims, fees, fines, penalties and other likely liability. The actions GoFluence may take include but not limited to the following:

(a)    We may close, suspend, or forfeit your access to your Account and any related Services including ownership of funds within your account, and/or suspend the processing of any transaction;

(b)    We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Malaysia or elsewhere and directed to GoFluence;

(c)    We may refuse to provide the Services to you now and in the future;

(d)    We may hold your funds for a period of time reasonably needed to protect against the risk of liability to GoFluence or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

12. INDEMNITY 

The User of this GoFluence Services agrees and undertakes to indemnify and defend GoFluence, its parent company, its subsidiaries, directors, officers, employees, suppliers, agents, and assigns (collectively, the “Indemnified Parties”) against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Site, or any dispute in relation to such transaction, (b)the hosting, operation, management and/or administration of the Services by or on behalf of GoFluence, (c) your violation or breach of any term of these Terms of Service or any policy guidelines referenced herein, (d) your use or misuse of the Services, (e) your breach of any law or any rights of a third party, or (f) any Content uploaded by you.

13. MERCHANT’S RESPONSIBILITY 

1. The Merchant shall not post any content that is inaccurate, false or misleading. It is the Merchant’s responsibility to ensure that details of content posted or any other information represented by the Merchant is up to date and true.

2. All the necessary taxes should be duly paid by the  Users respectively and the Users are advised to seek professional advice if in doubt with regards to any legal or tax advice.

3. Any violation or breach by the Users of the GoFluence Terms and Conditions shall result in adverse consequences.

14. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

1. GOFLUENCE SERVICES AND ALL SERVICES (INCLUDING SOFTWARE), INFORMATION, CONTENT, AND MATERIALS ARE PROVIDED BY GOFLUENCE ON AN “AS AVAILABLE” AND “AS IS”  BASIS. GOFLUENCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF GOFLUENCE SERVICES, CONTENT, MATERIAL OR INFORMATION FROM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU AGREE THAT BY USING GOFLUENCE SERVICES, YOU ARE USING IT AT YOUR OWN RISK.
   
2. TO THE FULL EXTENT PERMISSIBLE BY LAW, GOFLUENCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GOFLUENCE DOES NOT WARRANT THAT THE GOFLUENCE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GOFLUENCE SERVICES, GOFLUENCE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM GOFLUENCE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, GOFLUENCE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY GOFLUENCE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY GOFLUENCE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
   
3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOFLUENCE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
   
   1.  (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOODWILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
      
   2. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF GOFLUENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
      
4. NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY GOFLUENCE’S NEGLIGENCE, FOR FRAUD OR FOR ANY  OTHER LIABILITY ON THE PART OF GOFLUENCE THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

15. LINKS TO THIRD-PARTY SITES
    
    GoFluence does not have any control over the third-party links you find on the  GoFluence Platform. Those third-party links are provided merely as a convenience hence proceed to access those links at your own risk. The third-party link and any of its content therein provided are not under the control of GoFluence. GoFluence shall not be responsible or liable for any contents, links, changes and updates of any linked site.
    
16. YOUR CONTRIBUTIONS TO THE SERVICES
    
    1. Only submit Content or Services, that you have all necessary rights and/or permissions to grant the licenses below to GoFluence. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with the law and legal restrictions associated with any Content contribution. You hereby grant GoFluence and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without the need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
       
    2. Any Content, material, information or idea you post on or through the Services, or otherwise transmit to GoFluence by any means (each, a “Submission”), is not considered confidential by GoFluence and may be disseminated or used by GoFluence without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to GoFluence, you acknowledge and agree that GoFluence and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant GoFluence and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.
       
17. THIRD-PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
    
    1. Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with the law and legal restrictions associated with their Content contribution. As such, GoFluence is not responsible for, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with the law and legal restrictions associated with any contribution of Content. You will not hold GoFluence responsible for any User’s actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
       
    2. In addition, the Services may contain links to third-party products,  services and offers. These third-party links, products, and services are not owned or controlled by GoFluence. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. GoFluence has not reviewed and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their GoFluence Services or otherwise. By using the Services, you agree that GoFluence shall not be liable in any manner due to your use of, or inability to use, any GoFluence Services or widget. You further acknowledge and agree that GoFluence may disable your use of, or remove, any third-party links, or applications on the Services to the extent they violate these Terms of Service.
       
18. GOVERNING LAWS
    
    The Terms and Conditions of Use and GoFluence Terms and Conditions shall be governed by and construed in accordance with the laws in force in Malaysia and shall be subject to the jurisdiction of the Malaysian courts. Subject to the Arbitration Section in this Agreement, you hereby submit to the jurisdiction of the Courts in Malaysia.
    
19. ARBITRATION
    
    Any controversy, claim or dispute arising from GoFluence Terms and Conditions or breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia. The place of arbitration will be in Malaysian and the award by the arbitration tribunal shall be final and binding upon the parties. The arbitral tribunal shall consist of a sole arbitrator who has legal knowledge and experience in information technology in Malaysia and is independent of either party.
    
20. GENERAL PROVISIONS
    1. GoFluence reserves all rights not expressly granted herein.
       
    2. GoFluence may modify these Terms of Service at any time by posting the revised Terms of Service on the GoFluence Platform. Your continued use of this GoFluence Services after such changes have been posted shall constitute your acceptance of such revised Terms of Service. 
       
    3. You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
       
    4. Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and GoFluence, nor does it authorise you to incur any costs or liabilities on GoFluence’s behalf. 
       
    5. The failure of GoFluence at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
       
    6. These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for GoFluence’s affiliates and subsidiaries (and each of GoFluence’s and its affiliates and subsidiaries’ respective successors and assigns).
       
    7. The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to the such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
       
    8. You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation to the laws in Malaysia and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
       
    9. If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the GoFluence Platform, please contact us at: admin@gofluence.io

LEGAL NOTICES: Please send all legal notices to legal@gofluence.io

API CLIENT PRIVACY POLICIES

Google Privacy Policy: link

Facebook Privacy Policy: link

Instagram Privacy Policy: link

If the user would like to Remove Access:-

Google / YouTube Access from GoFluence: link

Facebook / Instagram Access from GoFluence: link

I HEREBY CONFIRM THAT HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP ” OR “CONNECT WITH FACEBOOK” BUTTON BELOW, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.