Ounch Sdn Bhd (herinafter referred to: the author) takes over no guarantee for the relevance, correctness, completeness or quality of the provide content. Liability claims against the author concerning either material or intellectual damage or other detrimental results resulting from the use or non-use of any information that is either incomplete or incorrect, will therefore be rejected unless either deliberate or gross negligence on the part of the author can be proven.
All offers are subject to change and are non-binding. The author reserves the express right to amend, add to, or delete sections of the online content without prior notice or to discontinue all or part of the online content either permanently or temporarily.
The author can only be held liable for either direct or indirect referrals to other Internet sites (links) for which the author is not directly responsible if the author is aware of the content of the sites in question and if the author is in a position to, and has the technical capacity to, prevent the use of illegal contents. The author declares herewith that at the point in time at which the links were first placed on the site no illegal content was apparent on the linked sites. The author has no influence on the current or future design, content and authorship of linked sites. The author cannot therefore be held liable for changes made to any sites after the link has been placed on the site. Furthermore, the author cannot be held liable for either links or postings and messages published by users of discussion boards, guest books, mailing lists, or other similar facilities provided on the author’s own site. Any illegal, incorrect or incomplete contents, and any damage or loss resulting from the use or non-use of such information, is the responsibility of the provider of the site to which a link has been made and not the person who merely made the link to the publication in question.
In all publications the author has made every effort to observe copyright laws concerning all graphics, audio documents, video sequences and texts that have been employed; to use, wherever possible, the author’sown graphics, audio documents, video sequences and texts; or to employ graphics, audio documents, video sequences and texts that are in the public domain. All trade and brand marks that appear in the author’s Internet content and are protected by third parties are subject in full to the terms of the relevant copyright law and the right of ownership as applied to the registered owner in each case. It should not be assumed that, simply because a brand is named, the trademarks are not protected by the rights of third parties! The copyright for published material created by the author remains the property of the author of the pages. Any reproduction or use of such graphics, audio documents, video sequences and texts in other electronic or printed publications is not permissible without the express permission of the author.
This disclaimer is to be regarded as part of the Internet publication from which you have been referred. If sections of this text, or individual formulations, are not, or are no longer, entirely in accordance with current law, the content or validity of the other parts of this document remain unaffected by this fact.
Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Ounch, you agree to try to resolve the dispute informally by contacting email@example.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Ounch may bring a formal proceeding.
Judicial forum for disputes. You and Ounch agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the courts of Malaysia, subject to the mandatory arbitration provisions below. Both you and Ounch consent to venue and personal jurisdiction in such courts.
These Terms and Conditions (herinafter referred to: T&Cs) regulate any referred to these T&Cs contractual relationships between Ounch and the user. The T&Cs apply to all offers and services of Ounch, as well as to all agreements and service relationships between Ounch and the user. This applies regardless of whether the making of declarations, the logging in, the registration, the contract conclusion, the service or the reception of services occur inside or outside of Malaysia.
The services of Ounch may generally be used for private and commercial purposes, unless it is expressly stated that an exclusively private or exclusively commercial use is permitted.
The services of Ounch are exclusively intended for persons of full age, in the case of natural persons. The user gives an assurance to be of full age and of full legal capacity at the time of registration and at the point of use.
The object of the contract is the respective use of the respective specifically agreed service of Ounch by the respective user, whether against payment or free of charge.
The user undertakes only to provide complete, correct and current information when registering, entering data or setting up and to correct or update data if neccessary. The use of pseudonyms, nicknames or professional names is not allowed. Unauthorized multiple registrations of a user are to be omitted.
The user is himself responsible for his password selected in connection with the registration. This password must not be made available for unauthorized third parties. If the user does not follow these instructions, he shall be liable for the resulting damages. Ounch will not make the password available for third parties and will not ask the user – with the exception of log-in processes – for the password, not even over the telephone or by email.
The presentation of services on the websites of Ounch do not represent a legally binding offer of Ounch, but a non-binding invitation for the user to submit a corresponding offer. The processes and technical steps that lead to a binding offer by the user will be explained in the respective concrete service sections.
Upon submission of the binding order or registration by the user and the associated legally binding offer by the user, an email will be sent to his specified email address. This email confirms the receivement of the order or registration by Ounch, but does not constitute the acceptance of the offer made by the user, except this email is expressly declared to be the order confirmation by Ounch. The user shall ensure that the email address, which he has given, is correct and that emails sent by Ounch can be received and will not be blocked e.g. in case spam filters are used.
Ounch may accept the offer made by the user within one week either by express acceptance or order confirmation or by the provision of the contractual services or by starting the provision of the contractual services (in case of continuous obligations or if the services are contractually agreed to be provided in two or more parts).
The concrete contractual services of Ounch result from the respective concrete presentation within the individual service sections. The same applies to the scope of services, the servide period, obligations of the user to pay renumeration and further concrete service conditions.
The services provided by Ounch depend to a considerable extent on the availability of third parties, in particular also on the availability and accessability of, for example, the worldwide Internet and mobile communications infrastructure, data centers, telephone lines, mobile communication networks, domains, apps etc. The user is aware of and acknowledges that for this reason, the contractual services must be completely or partly, permanently or temporary, discontinued, restricted, blocked or modified for all or individual users if neccessary.
Ounch is authorized to use programs that allow conclusions on the usage behaviour of users. This information increases the safety, optimizes the services of Ounch and is handled confidentially in due compliance with the provisions and regulations of data protection.
The user is obligated to use the products and services provided by Ounch in due compliance with the statutory and legal provisions. The user guarantees particularly not to use, provide or link contents that violate the laws of Malaysia, current penal laws, youth protection laws, provisions and regulations of data protection, regulations of the any telemedia or telecommunications act or any rights of third parties. The user is obligated to ensure and check this continuously and properly in his own responsibility.
The user is obligated to refrain from everything that may affect the functionality of services provided or arranged by Ounch. This also applies to, among others, the use of viruses, malicious software or software that automatically generates user requests via the Internet or in another way. The user will also not change, manipulate, overwrite, copy or distribute website areas or website areas of other users provided by Ounch or their service providers.
The user’s contractual services and rights may neither be transferred to third parties nor provided to third parties for use. The user is under obligation to prevent any unauthorized third parties from accessing services provided or mediated by Ounch or services of third parties by corresponding precautions according to the current state of art. The user commits himself further to keep secret sensitive data (e.g. his password) and, in case of misuse or suspected misuse, to change his password immediately and conveniently as well as to notify Ounch immediately of the misuse or suspected misuse.
The user is responsible for technical devices, means of communication, hardware and software that he uses. This also applies to their appropriateness and security. His obligation to pay for any agreed usage fees or other renumerations remains unaffected from a possible failure or malfunction of these devices or means of communication. The user will immediately notify Ounch of any failures or malfunctions and describe their circumsstances and details as precisely as possible.
The user undertakes to take care of the continuous, correct and appropriate security of his data and is responsible, insofar as an occured damage was not caused by Ounch intentionally or through gross negligence.
In accordance with legislation the user is under obligation to identify or let identify content used or entered by him as his own or external content and in particular to comply with the legal disclaimer obligations properly and completely.
If the user violates his statutory obligations, contractual obligations and duties or any legal obligations whatsoever, he is fully liable for the reuslting damages. Ounch is not obligated to check the usage behavior of the user or the users’ used, provided or linked contents for possible legal or contractual violations. In the event of violations, illegal contents or suspected misuse, Ounch shall, irrespective of this, be entitled to delete, block or restrict the contractual services, corresponding contents, links or codes without prior notice.
Ounch’s aim is a continuous availability and an error-free functionality of their provided services. Ounch provides users their contractual services or their mediated services around the clock, but shall reserve the right to, as neccessary and to a reasonable extent, restrict or shut down the systems occasionally during off-peak times for maintenance or performance optimization. This does not apply as a breach of contractual obligations by Ounch. Temporary access restrictions or the abovementioned failures do not result in warranty claims of the user and do not set up the right for termination by the user.
Ounch excludes any liability for slightly negligent breaches of duty, unless this concerns damage caused by the impairment of life, body or health or the infringement of guarantees or claims under the Product Liability Act are affected. The liability due to fraudulent misrepresentation or breaches of essential contractual obligations whose fulfilment is essential for the due and proper implementation of the contract and whose fulfilment users may regularly rely on remains unaffected.
Ounch shall not be liable for any interruptions, disturbances, limitations or other performance obstacles based on circumstances beyond Ounch’s range of influence.
The user is aware of and accepts that software and web presences cannot be created entirely free of errors according to the current state of art. It might also occur that a code cannot be read, interpreted or processed by any terminal device. Despite Ounch’s dutiful efforts this cannot be completely ruled out by Ounch. Furthermore, Ounch cannot assume liability for this or damages of terminal devices caused thereby.
The user releases Ounch and their statutory representatives, vicarious agents and legal successors from all claims, demands, compensation claims, damage claims, losses, damages, rights, grievances, complaints and fees resulting from any violation of rights for which the user, his statutory representatives or vicarious agents are resposible for, e.g. the violation of contractual, statutory or official regulations or specifications, the violation of the industrial property rights, copyrights, trade mark rights, characteristic rights, personal rights or other legal violations. The release also includes legal costs of an appropriate legal defense. The release is without prejudice to the obligations of the user to compensate Ounch for damages caused by him, his statutory representatives or vicarious agents.
Unless the corresponding service of Ounch is free of charge, compensations and fees to be paid by the user if neccessary are concretely presented within the respective service sections including all related price components respectively calculation basis, payment processes and payment terms. The corresponding contractual invoice will be made available to the user by mail, email or for download in his account with or after the acceptance of the contract.
Ounch is not obligated to provide or unlock contractual services before receipt of payment, unless it is contractually agreed otherwise between Ounch and the user.
Ounch reserves the right to charge for services that were previously made available free of charge after corresponding announcement and/or to discontinue providing services that are free of charge.
Compensations or fees will become due at the time of accepting the contract by Ounch on the basis of the contractual agreement to pay and are to be paid in advance for the agreed contract period or the agreed part of the contract period.
In the event of a delay of payment, Ounch may withold contractual services until full payment. The user is obligated to reimburse costs resulting from return debits to the extent that it is liable for the event which triggered the costs.
If the user fails to comply with his contractual payment obligations, Ounch may set an appropriate period of grace with a threat of termination, after the expiry of which Ounch may terminate the contract with the user and delete any data immediately without implying a separate contractual obligation to delete data immediately.
If the user does not make use of contractual services, this does not release him from his payment obligations.
All rights to the services of Ounch and their labeling including any trademarks, patents, copyrights, licence rights or any other property rights or other rights are exclusively those of Ounch and may only be used in accordance with the explicit contractual agreements and in the same way as contractually agreed and only for the contractually agreed period of time. In particular, the user is not allowed to copy, change or disassemble software or to create any processing thereof attempt to ascertain the source code. Furthermore, the user is not authorized to sell, assign software or other products or services, insofar to issue sub-licenses or insofar to transfer other rights to third parties or claim any rights. The rights of the user to contents brought in by him remain unaffected.
If the contractual use of services or mediation services provided by Ounch is affected by property rights of third parties without Ounch’s fault, Ounch may discontinue the hereby affected services. In this case, Ounch will inform the user without delay and offer an appropriate substitute solution if possible.
The contract is effective for the period concretely agreed by Ounch and the user (contract duration) in accordance with the contractually agreed period of notice. Insofar as not explicitly agreed otherwise, the contract may be terminated with a notice period of one month prior to the end of the contract. Should no termination take place, the contract is extended for the same period of time. Insofar as no maturity date is contractually agreed, the contract shall be concluded for an indefinite period with a notice period of one month to the expiration of the first complete 12 contract month, afterwards to the end of the respective calendar year.
Termination must be made in writing.
The user may delete created accounts and contents at any time without stating reasons without implying that payment obligations of the user end in case of a lack of an effective contract termination.
After termination of the contract, Ounch is not obligated to store or keep available contents, links or data.
In case of a blocking or deletion by Ounch due to a premature blocking or deletion requested or induced by the user, no claims for restitution can be made against Ounch.
The mutual right to termination for important reason remains unaffected. Such an important reason exists for Ounch, if the user violates fundamental contractual or legal obligations significantly, violates contractual obligations in spite of a warning, affects the safety of systems of Ounch or other users or third parties, changes or manipulates services of Ounch or their vicarious agents, provides incorrect data on registration or during the term of the contract, provides or uses racist, pornographic, violent, immoral or illegal content or violates property rights or personal rights of Ounch or third parties.
A blocked or cancelled user is not permitted to otherwise access or try to access the services of Ounch.
Prepaid fees or renumerations will only be refunded in cases where Ounch is responsible for the extraordinary termination.
As long as the user concludes the contract as a consumer, i.e. as a natural person who enters into a legal transaction for a purpose that is outside his trade, business or profession, the following shall apply:
Right of withdrawal:The user may withdraw his contractual declaration within a period of fourteen (14) days with reason in writing (e.g. letter, email). The term starts with receipt of these instructions in writing, however not before contract conclusion and not before the fulfillment of the obligation of Ounch. The withdrawal deadline is deemed to be met if the notice of withdrawal was sent in a timely fashion.
Cancellation consequences:In the event of a valid cancellation, the services received by either party and any benefits (e.g. interest) that may have been accrued shall be returned. Should the user be partially or wholly unable to return the services and benefits (e.g. benefits of use) received from Ounch or only to do so in a deteriorated condition the user shall to this extent provide compensation accordingly. This may result in the user being required to fulfill his contractual payment obligations for the period up to the termination. Obligations to reimburse payments must be discharged within 30 days. The period shall commence with the sending of the declaration of revocation by the user, and for Ounch with the receipt thereof.
Premature expiration of the right of withdrawal:The right of withdrawal expires prematurely, if the contract with express consent of the user has been fulfilled completely by Ounch and the user before the end of the cancellation period.
Agreement for the performance of services before end of the cancellation period:The user agrees explicitly that Ounch commences with the performance of contractual services before end of the cancellation period. The user has taken note that for this reason he has to pay compensation according to the legal regulations on rescission.
In the event of disputes resulting from or in connection with the business relationship with users, Ounch’s registered office is also the legal venue, if users are merchants, juristic persons under public law or special fund under public law or have no general legal venue in Malaysia or change their residence to a foreign country after these T&Cs have come into effect or if the residence or place of habitual residence of the user is not known at the time of the filing of the complaint. Ounch’s capacity to appeal to another court of jurisdiction remains thereby unaffected.
If individual regulations of these T&Cs should be ineffective or legally invalid, the effectiveness of the remaining regulations is not to be affected thereby.
Ounch reserves the right to change these T&Cs in an adequate and reasonable way. The user will be informed via amail about the changes and the planned implementation of the new version of the T&Cs. If the user does not object the applicability of the updated terms within one (1) weeks after receipt of the notification, the amended terms are deemed to be accepted by the user. Ounch will inform the user seperately and in an appropriate form about the relevance of the above mentioned one-week period and his right of refusal and the consequences of his silence. In the event of a refusal of the consent, Ounch reserves the right to terminate the contractual relationship.
We collect and use the following information to provide, improve and protect our Services:
Account information. We collect, and associate with your account, the information you provide to us when you do things such as sign up for your account, upgrade to a paid plan and set up two-factor authentication (such as your name, email address, phone number, payment info and physical address). Some of our Services let you access your accounts and your information via other service providers.
Your Stuff. Our Services are designed to make it simple for you to store your files, documents, photos, comments, messages and so on (“Your Stuff”), collaborate with others and work across multiple devices. To make that possible, we store, process and transmit Your Stuff as well as information related to it. This related information includes your profile information, which makes it easier to collaborate and share Your Stuff with others, as well as things like the size of the file, the time it was uploaded, collaborators and usage activity. Our Services provide you with different options for sharing Your Stuff.
Usage information. We collect information relating to how you use the Services, including actions you take in your account (such as sharing, editing, viewing). We use this information to improve our Services, develop new services and features, and protect Ounch users.
Device information. We also collect information from and about the devices you use to access the Services. This includes things like IP addresses, the type of browser and device you use, the web page you visited before coming to our sites, and identifiers associated with your devices. Your devices (depending on their settings) may also transmit location information to the Services.
Cookies and other technologies. We use technologies such as cookies to provide, improve, protect and promote our Services. For example, cookies help us with things like remembering your username for your next visit, understanding how you are interacting with our Services, and improving them based on that information. You can set your browser to not accept cookies, but this may limit your ability to use the Services. If our systems receive a DNT:1 signal from your browser, we’ll respond to that signal as outlined here.
Marketing. We give users the option to use some of our Services free of charge. These free Services are made possible by the fact that some users upgrade to one of our paid Services. If you register for our free Services, we will, from time to time, send you information about upgrades when permissible. Users who receive these marketing materials can opt out at any time. If you do not want to receive marketing materials from us, simply click the ‘Unsubscribe’ link in any email, or update your preferences in the Notifications section of your personal account.
Bases for processing your data. We collect and use the personal data described above in order to provide you with the Services in a reliable and secure manner. We also collect and use personal data for our legitimate business needs. To the extent that we process your personal data for other purposes, we ask for your consent in advance or require our partners to obtain such consent. For more information on the lawful bases for processing your data, please see our FAQ.
Law & order and the public interest. We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to: (a) comply with any applicable law, regulation, legal process or appropriate government request; (b) protect any person from death or serious bodily harm; (c) prevent fraud or abuse of Ounch or our users; (d) protect Ounch’s rights, property, safety or interest; or (e) perform a task carried out in the public interest.
User controls. You can access, amend, download and delete your personal information by logging in to your Ounch account and going to your account settings page. You can also limit the way we collect and use your data on the user control page of your Ounch account. Learn more here about managing your account information generally, or click here to learn how to change your profile information.
Retention. When you sign up for an account with us, we’ll retain information you store on our Services for as long as your account is in existence or for as long as we need it to provide you with the Services. If you delete your account, we will initiate deletion of this information after 30 days. Learn more here. But please note: (1) there might be some latency in deleting this information from our servers and backup storage, and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes or enforce our agreements.
If we are involved in a reorganisation, merger, acquisition or sale of our assets, your information may be transferred as part of that deal. We will notify you (for example, via a message to the email address associated with your account) of any such deal, and outline your choices in that event.
You have control over your personal information and how it is collected, used and shared.
Do you have questions or concerns about Ounch, our Services and privacy? Contact us at firstname.lastname@example.org. If they can’t answer your question, you have the right to contact your local data protection supervisory authority.