Welcome to Influenow, and thank you for choosing our mobile and web application. Influenow, operated by JustSimple Digital Sdn. Bhd. and/or its affiliates and/or its subsidiaries (referred to as "Influenow," "we," "us," or "our"), provides an e-commerce platform through our mobile application and website, www.Influenow.com. Our platform allows registered Creators, including Creators from the general public, and Users to place, accept, conclude, manage, and fulfill orders for services offered by Creators through the Influenow Mobile Application and/or Influenow Website.
1.1 The Influenow Services include various features, data, content, programming, software, and other materials available through the Influenow Platform. Please note that Influenow acts solely as a platform provider, facilitating the sale of services between Creators and Users. Influenow is not a party to any contract between the Creator and the User, and we have no obligations related to such contracts. The Parties involved in the transaction are responsible for the sales contract, including the services provided by the Creator, which should be performed in a competent and professional manner according to mutually agreed-upon standards or representations. Influenow is not involved in the contract between the Parties and cannot guarantee the completion of any transaction.
1.2 By using the Influenow Services, you agree to use them at your own risk, and Influenow will not be liable for any losses you may incur while using the platform. You agree to indemnify Influenow against any losses arising from your use of the Influenow Services.
1.3 Your access and use of the Influenow Services are subject to the Influenow Terms and Conditions and applicable laws in Malaysia, including the Malaysian Communications and Multimedia Act 1998 and the Malaysian Communications and Multimedia Content Code. If you do not agree to the Influenow Terms and Conditions, please refrain from using the Influenow Services.
1.4 Influenow reserves the right to modify, add, remove, or otherwise change portions of the Influenow Terms and Conditions at any time. We will notify users of any amendments or changes to the Terms and Conditions or other Influenow policies through announcements and/or notifications on the Influenow Mobile Application and Influenow Website. If you disagree with the amendments, you should discontinue using the Influenow Services. If you continue using the Influenow Services after the effective date of the announcement, you will be deemed to be aware of and accept the amendments and/or changes.
1.5 Age Requirement: You must be at least 18 years old or the legal age of majority in your jurisdiction to use Influenow. By using the platform, you represent and warrant that you meet this eligibility requirement.
1.6 You are granted a limited and revocable license to access and use the Influenow Services, subject to compliance with the Influenow Terms and Conditions. Influenow reserves the right to deny you access to the Influenow Services at any time and for any reason determined appropriate by Influenow.
2. User Account:
2.1. Registration: To access certain features and services on Influenow, you must create a user account. The information provided during registration must be accurate, complete, and up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2.3. Account Termination: Influenow reserves the right to suspend or terminate your account at any time, for any reason, at its sole discretion, without prior notice or liability.
3. User Responsibilities:
3.1. Compliance with Laws: You agree to use Influenow in compliance with all applicable laws, regulations, and third-party rights. You are solely responsible for your interactions with other users and for any content you post or share on the platform.
3.2. Prohibited Activities: You agree not to engage in any of the following activities:
- Violating any applicable laws or regulations.
- Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
- Uploading, posting, or transmitting any content that is unlawful, harmful, defamatory, obscene, or infringing upon the rights of others.
- Engaging in spamming, phishing, or any other unauthorized or unethical activities. e. Interfering with or disrupting the operation of Influenow or its services.
4. Content Ownership:
4.1. User-generated Content: By posting or sharing content on Influenow, you grant Influenow a non-exclusive, worldwide, royalty-free license to use, copy, modify, distribute, and display the content for the purpose of operating and promoting the platform.
4.2. Intellectual Property: All intellectual property rights related to Influenow, including trademarks, logos, and copyrights, are owned by or licensed to Influenow. You agree not to use or reproduce any intellectual property without the express written permission of Influenow.
5. Platform Services:
5.1. Influencer-Brand Collaborations: Influenow facilitates collaborations between influencers and brands/agencies. However, Influenow does not guarantee any specific collaborations or results and is not responsible for any disputes or issues arising from these collaborations.
5.2. Third-party Links: Influenow may contain links to third-party websites or resources. These links are provided for convenience, and Influenow does not endorse or assume any responsibility for the content, products, or services offered by these third parties.
6. Limitation of Liability:
6.1. Disclaimer: Influenow provides the platform and its services on an "as is" and "as available" basis. While Influenow strives to provide a secure and reliable platform, it does not guarantee the accuracy, reliability, completeness, or availability of the platform or its services.
6.3. Limitation of Liability: In no event shall Influenow or its affiliates be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of Influenow.
7. Modifications to the Terms:
8. Governing Law and Dispute Resolution:
The Terms and Conditions of Use and Influenow Terms and Conditions shall be governed by and interpreted in accordance with the laws of Malaysia. Any disputes or claims arising from these terms shall be subject to the jurisdiction of the Malaysian courts. However, the Arbitration Section in this Agreement supersedes this provision, and in such cases, you agree to submit to the jurisdiction of the arbitration proceedings as stated in the agreement.
Any disputes, claims, or controversies arising from the Influenow Terms and Conditions, or their breach, termination, or invalidity, shall be resolved through arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre ("AIAC") based in Kuala Lumpur, Malaysia. The arbitration proceedings shall take place in Malaysia, and the award rendered by the arbitration tribunal shall be final and binding on the parties involved. The arbitral tribunal shall consist of a single arbitrator who possesses legal knowledge and expertise in information technology in Malaysia and maintains independence from both parties.
9. Contact Us: