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Terms Of Use

Welcome to GOBI !

This website, and all of the goods and/or services provided by us (collectively, “Products”), are owned and operated by GOLINK SDN. BHD. (COMPANY NO.: 1253042-T) and/or its related companies and/or bodies corporate (collectively, “Gobi”, “we”, “our”, “us”).

Before using this website, you shall carefully read these terms of use and/or all other terms and conditions and/or policies pertaining to the use of this website from time to time (collectively, “Terms of Use”), and our notice under the Personal Data Protection Act 2010 (“Privacy Policy”) which governs the use of any personal data and/or information that you may provide to us via this website. Our Terms of Use and our Privacy Policy are hereinafter collectively referred to as “Terms and Conditions”.

By visiting this website and/or your continued use of this website and the Products and/or purchase of the Products through this website, you are and shall be deemed to have accepted, consented and/or agreed to all the Terms and Conditions and/or any amendments thereof by us from time to time. We hereby reserve our right to amend, change, modify, add and/or remove portion(s) and/or to replace the whole of the Terms and Conditions at any time and from time to time. Such amendments, changes, modifications, additions, removal and/or replacement (if any) shall be effective upon and when published and/or posted on this website and without prior notice, and you are hereby deemed to be aware of and bound by such amendments, changes, modifications, additions, removal and/or replacement of or to the foregoing upon their publication on this website, if any.

We may further, from time to time, and without assigning any reasons whatsoever and/or providing any prior notices, upgrade, modify, suspend or discontinue the provision(s) of or remove and/or replace, whether in whole or in part, this website and/or any Products related thereof, and we shall not be liable if any such upgrade, modification, suspension, removal and/or replacement prevents you from accessing to and/or using this website and/or the Products. You are therefore advised to review this website, the Terms and Conditions and/or any amendments thereof from time to time.

When you visit our website and/or purchase/ use our Products, you may provide us with your information, files, data, content, messages, contacts, and/or documents (“Your Information”). Your Information is yours. These Terms and Condition don’t give us any rights to Your Information except for the rights necessary that enable us to offer our Products. We are not responsible for the content you or other people post, share and/or provided via our website or Products. Please be further reminded not to copy, upload, download or share content unless you have the right to do so.

To provide our Products, Gobi may accesses, hosts, stores, uploads and/or scans Your Information, and as such, you hereby give and grant us with your permission to do those things, and this permission extends to our affiliates and/or trusted third parties we work with, if any. For the avoidance of any doubt, you hereby further granting us your consent and agreement to host and store Your Information, back it up, upload to our cloud system, and/or share it when you ask us to.

 

1. REGISTRATION

1.1          Our Products are only available and may be used by individuals or entities who can legally form valid and binding agreements and/or contracts under the laws of Malaysia, failing which you must stop accessing and/or using this website and/or our Products immediately.

1.2          In order to use this website and/or the Products, you must first register to set up an account with us by completing the account registration form available on this website. You are solely responsible for keeping passwords and other account identifiers safe and secure. If you do not register as a member of this website, your activity in this website may be limited.

1.3          You are solely responsible for your personal information and/or data. Gobi will use and protect your personal information in accordance with the Privacy Policy. You however acknowledge that no data transmission over the internet and/or online services can be completely secure, and Gobi cannot give an absolute assurance and confirmation that your personal information and/or data that you may provide to us will be secure at all times. If you have any objections to your personal information and/or data being used in this way, please do not use or purchase our Products, and you must stop accessing and/or using this website immediately.

 

2. PAYMENTS & BILLING (IF APPLICABLE)

2.1          Some of our Products may be free, whereas others are subject to a fee according to different plans. For a full description of the different Products that we offer, along with the different prices applicable, please see https://gobi.my/pricing/.

2.2          If you purchase our Products, then the following terms and conditions shall apply to your purchase, and you hereby agree to the following (which subject to change from time to time):

• payment on cash term;
• to be billed annually; and/or
• by way of cheque, cash or via bank transfer.

2.3          By subscribing and purchasing of our Products, you authorize Gobi to charge your chosen payment method. You hereby further warrant, represent, undertake and/or covenant (whichever shall be applicable) to us that:

• any credit card and/or debit card information you supply is true, accurate and complete;
• charges incurred by you shall be honoured by your credit card and/or debit card company or your financial institution (whichever shall be applicable); and
• you shall pay the full charges incurred by you at the posted prices, including the applicable taxes, if any.

2.4          You can cancel your subscription(s) and purchase(s) any time, but do take note that we have a “no refunds policy”, unless as otherwise stated by any laws.

2.5          We may change the fees structure but will give you advance notice of these changes via a message to the email address associated with your account.

 

3. YOUR CODE OF CONDUCT

3.1          You hereby agree that when using this website and/or the Products, you shall:

• not do anything illegal or immoral;
• not engage in activity that is harmful to you, us, this website or others, and not engage in any activity that exploits, harms or threatens to harm anyone or anyone’s property;
• not infringe upon the rights of others and/or violates the privacy or data protection rights of others;
• not send spam. Spam is unwanted or unsolicited materials (including but not limited to bulk email, postings, contact requests, SMS (text messages) or instant messages);
• not publicly display or use the website or the Products or to share inappropriate content or materials;
• not engage in activity that is fraudulent, false, misleading or defamatory; and
• not assist and/or help others to break this Clause 3.1.

3.2          If you violate this Clause 3.1, we may (in our sole discretion) stop, terminate or suspend providing the Products to you or we may close your account or we may report you to the relevant authorities and/or to do all things necessary thereof without further reference to you whatsoever.

 

4. TERMINATION

4.1          We further reserve the right to suspend or terminate your access to this website or the Products, if:

(a) you’re in breach of any of the Terms and Conditions;

(b) your use of this website or the Products would cause a risk of harm or loss to us or other users; or

(c) we’re empowered and/or prohibited from doing so by law, whichever applicable.

 

5. INTELLECTUAL PROPERTY

5.1          You shall hereby acknowledge and agree that the copyright and all intellectual property rights (whether registered or not) in this website and/or the Products, and all information, content and/or materials in and of this website, including but not limited to, text, software, photo, poster, trailer, video, music, sound and its/their respective arrangement and design, shall be and remain our property or where applicable our affiliates, suppliers and/or licensors unless otherwise indicated. The content of this website is further protected by copyright as a collective work under the Malaysian and/or International copyright laws and conventions, whichever applicable. No visitors to this website shall claim any right, title or interest therein.

 

6. THIRD-PARTY SERVICES

6.1          The Products may allow you to access or acquire products, services, websites, links, content, material, integrations, bots or applications from independent third parties (collectively “Third-Party Services“). You should review the third-party’s terms, and privacy policies before acquiring, using, requesting, or linking your Gobi’s account(s) to any Third-Party Services.

6.2          Any third-party’s terms do not modify these Terms and Conditions. You hereby agree, undertake and covenant to assume all risk and liability arising from your use of these Third-Party Services and that Gobi shall not be responsible for any issues, risks and liabilities arising out of your use of them, if any.

6.3          Third-Party Services may be unavailable from time to time or may be offered on a limited basis or may vary depending on your device. There may be times when we need to remove or change features or functionality of the Products or stop providing the same or access to Third-Party Services altogether.

 

7. ENTIRE AGREEMENT

7.1          These Terms and Conditions constitute the entire agreement between you and Gobi regarding the subject matter herein and supersedes and cancels all prior or simultaneous letters, deeds, agreements, statements, covenants, warranties, representations, understandings, promises, discussions and/or negotiation whether oral or in writing in any way whatsoever.

7.2          For the avoidance of any doubt, you hereby expressly acknowledge and declare that you have not placed any reliance whatsoever on any such prior or simultaneous letters, deeds, agreements, statements, covenants, warranties, representations, understandings, promises, discussions and/or negotiation other than those expressly incorporated in these Terms and Conditions.

 

8. SEVERABILITY

8.1          If any of the terms, conditions, stipulations, provisions, covenants or undertakings or part thereof contained in these Terms and Conditions herein which is/are illegal, invalid, void, prohibited or unenforceable, it shall be deemed modified to the minimum extent necessary to make it legal, valid and enforceable.

8.2          Any modification to or deletion of such terms, conditions, stipulations, provisions, covenants or undertakings shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining terms, conditions, stipulations, provisions, covenants or undertakings herein whatsoever;

 

9.NOT REPRESENTATIVES

9.1          Under no circumstances, the sale agent and/or third party whatsoever be deemed agents or representatives of Gobi, and such third party shall have no right to incur any liability for or on behalf of Gobi or in any way pledge or purport to pledge the credit of Gobi nor to enter into any contracts or commitments in the name or for or on behalf of the Gobi or to make any representation in the name or for or on behalf of Gobi or to bind Gobi in any respect whatsoever.

 

10. WAIVER & ASSIGNMENT

10.1        Gobi’s failure to enforce a provision is not a waiver of its right to do so later.

10.2       Gobi may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with this website or the Products.

 

11. DISCLAIMER

11.1       Despite our best effort, the information and/or content of and in this website may not be accurate, complete, up to date, error-free or applicable to the circumstances of any particular case, and is not comprehensive. We cannot accept any liability for any inaccuracies or omissions in this website and any decisions you make based on information contained in this website are your sole responsibility.

11.2       While we strive to keep the Products up and running, do however, take notice that all online services suffer occasional disruptions and outages and we are not liable for any disruption or loss you may suffer as a result. You hereby further agree that the Products are provided “as-is” and “as available”, and to the fullest extent permitted by law, we and our affiliates, suppliers and/or distributors:

• make no representations or warranties or undertakings or covenants of any kind, whether expressed, implied or statutory with respect to this website (and/or its information, content, data, goods, products or services included in this website) and/or the Products;

• disclaim, and further make clear that there is no warranties of merchantability, satisfactory quality, fitness for a particular purpose, and/or non-infringement, where applicable;

• do not warrant and/or represent that this website, the Products and/or its function will be available, timely, accessible, uninterrupted, secure, accurate, complete or error-free, and that defects, if any, will be corrected and/or free of viruses whatsoever;

• accordingly, in no circumstances shall Gobi and/or any of its related bodies corporate and/or its respective officers, employees, directors, agents, contractors and/or assigns be liable or responsible, whether directly or indirectly, for any losses, costs, payments, fees, charges, expenses, penalties and/or damages of any kind whatsoever and howsoever (regardless of the form of action) arising out of, in connection with or suffer as a result of any use of this facility and/or any use or access and/or inability to use or access to this website and/or the Products (including but not limited to any risk of misunderstanding, error and/or damage), and is entirely at your own risk.

11.3       We may decide to discontinue the Products in response to unforeseen circumstances beyond our control or to comply with a legal requirement. If we do so, we will give you prior notice. If we discontinue the Products before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Products for.

11.4       Under no circumstances will Gobi be held liable for any delay or failure in performance and/or omission due in whole or in part to any acts/ actions of any nature and/or other causes beyond its control. Accordingly, you hereby agree to indemnify and defend us, from and against all liabilities, responsibilities, duties, orders, awards, judgements, settlements, claims, proceedings, actions, fines, penalties, damages, losses, costs, payments, expenses, fees of any kind, arising from or relating to (directly or indirectly) your default, refusal, action, breach and/or omission of these Terms and Conditions.

 

12. LAW & COURT

12.1       These Terms and Conditions, and any obligations arising out of or in connection with it, shall be governed, construed and interpreted exclusively in accordance with the laws of Malaysia in every particular, including but not limited to the formation and interpretation, and you hereby agree to submit to the exclusive jurisdiction of the courts of Malaysia.

 

13. ENGLISH SHALL PREVAIL

13.1       In the event of any inconsistency between the different languages of the Terms and Conditions (if any), the English version shall prevail in all circumstances.