Office: +607-660 7007
Mobile: +6012- 219 7517

TERMS OF USE

ENG | BM

The following terms and conditions shall constitute an agreement between you and POWERTECHNIC GROUP SDN BHD (REGISTRATION NO. 202101015445 (1415745-D)) together with POWERTECHNIC HANDLING EQUIPMENT (M) SDN BHD (REGISTRATION NO. 200201007360 (575023-H)), POWERTECHNIC RESOURCES SDN BHD (REGISTRATION NO. 201501045428 (1170751-U)) and POWERTECHNIC MARKETING SDN BHD (REGISTRATION NO. 201701017910 (1232075-H)) (hereinafter collectively referred to as “Powertechnic”, “we” “our” or “us”), for the use of the mobile application known as ‘POWERTECHNIC’ (“App”) and internet web portal known as https://powertechnic.com.my and https://www.powertechnic.asia (collectively, “Web Portal”). These terms and conditions (the “Terms and Conditions”) including the privacy policy under the App and Web Portal which is available for viewing at https://powertechnic.com.my/privacy-policy (“Privacy Policy”) are collectively, known as this “Agreement” or “Terms and Conditions” and any rules or policies applied by the Google Play/Apple App Store/ Huawei App Gallery application store from whose site you downloaded the App and access the Web Portal shall govern your use of the App and Web Portal.

By clicking on the “I agree to the Terms and Conditions above” button when logging into the account under the App for the first time as a new customer and supplier or by accessing the Web Portal as the case may be, you have agreed to be legally bound by these Terms and Conditions. If you do not agree with this Agreement, you must refrain from downloading or using the App and Web Portal.

Please note that we offer the use of the App and Web Portal on an “AS IS” basis and without warranties. You hereby authorize the use, processing and disclosure of your information for purposes of allowing us to provide the App and Web Portal and as otherwise disclosed in our Privacy Policy.

We may revise and update these Terms and Conditions from time to time at our sole discretion. You shall visit the App and Web Portal regularly to take note of any changes we have made on our Terms and Conditions.

Your continued use of the App and Web Portal after the revised Terms and Conditions constitutes your acceptance to the changes.

You shall keep a copy of this Agreement for your records.

1. GENERAL TERMS

1.1. Registering an Account

  • (a) In order to log onto, access and use the functionality of the App, you shall register as our customer or supplier prior thereto. In respect of the registration process, you may contact our customer service at +607 – 660 7007 for more information.
  • (b) In respect of the browsing of the Web Portal, no such registration is required.

1.2. Fees and Expiry

  • (a) We do not charge any fees for the issuance, activation or use of your account. Your account will not expire or be deactivated due to inactivity and you may continue to use your account as long as you comply with these Terms and Conditions.
  • (b) While there are no fees for maintaining your account, please note that any costs associated with our products or services that you purchase separately, if any, are subject to our pricing policies and terms. These charges are unrelated to the account registration and maintenance process.
  • (c) We reserve the right to modify our fee structure or introduce charges for account-related services in the future. Any such changes will be communicated to you in advance, and you will have the opportunity to review and accept the new terms before they take effect.

1.3. Receipts and Statements

  • (a) You may request a statement of your account activity related to our after-sales services provided through the App. Such statement will include a summary of your service requests, maintenance records and any other relevant activities associated with your account. For any issues related to the access of such statement, please contact our team by clicking ‘HELP +607-660 7007’ in the App.

1.4. Enquiries, Concerns or Complaint Handling

  • (a) If you have any enquiries, concerns or complaints regarding your use of the App and Web Portal, or if you dispute any transaction or correction that has been assessed against your account, please raise the same to us by contacting our team at by clicking ‘HELP +607-660 7007’ in the App (“Customer Care Team”), within ten (10) days from the date of the relevant incident and we will investigate and aim to communicate the results and correct any error that we verify as swiftly as possible, failing which such transactions shall be deemed to be in order. If no error was found, we will provide you with a detailed explanation of our findings.
  • (b) Please note that if you do not submit your enquiries or complaints within the specified ten (10) days, such transaction related to the enquiries or complaints will be considered as accurately processed and resolved. Any issues reported after this period may be subject to different handling procedures.
  • (c) We will maintain records of all enquiries and its respective resolutions with applicable laws and regulations. These records will be kept confidential and used solely for improving our services.

1.5. Optional Registration Liability for Unauthorised Transactions

  • (a) As your account is used for the services within the App and Web Portal strictly, you are fully and solely responsible for the security, management and for all transactions associated with your account, including unauthorized transactions.
  • (b) You shall be solely and absolutely responsible for maintaining the confidentiality of the login information and password in respect of your account. You agree to notify us immediately if you suspect any unauthorised use of your account or any breach of security. Powertechnic shall not be liable for any unauthorized use of your account by any other person nor shall we be liable for any loss or damage arising from your failure to protect your account credentials.
  • (c) Your account can be cancelled or deactivated by contacting our Customer Care Team. Please notify us immediately if there is a change of information provided during registration. Personal information which you provide to us for the purposes of registering your account will be held pursuant to Privacy Policy. If your registered account is lost or stolen, you should contact us immediately through our Customer Care Team.
  • (d) We reserve the right to terminate your account or otherwise limit the use of your account if we reasonably believe that the use does not conform to the permitted uses as set out herein. Further, we reserve the right to suspend the use of your account at our absolute discretion in the event there is, in our opinion, any misuse of the same by you.

2. IMPORTANT LEGAL TERMS

2.1. Apple, Huawei and Google Terms and Conditions

  • (a) The Terms and Conditions shall supplement and incorporate (i) in case the App is distributed through Apple Inc.’s (“Apple”) system, Apple’s Terms and Conditions (located at https://www.apple.com/legal/internet-services/terms/site.html) (“Apple Terms”); (ii) in case the App is distributed through Google Inc’s (“Google”) system, Google Play Terms of Service (located at https://play.google.com/about/play-terms/) (“Google Terms”), (ii) in case the App is distributed through Huawei’s (“Huawei”) system, HUAWEI AppGallery Connect Service Agreement (located at https://developer.huawei.com/consumer/en/doc/app/10132/) (“Huawei Terms”), and such terms implemented by Powertechnic from time to time (“Powertechnic Terms”), including the Privacy Policy. If any of the provisions of the Apple Terms, Google Terms, Huawei Terms or any applicable Powertechnic Terms conflict with these Terms and Conditions, the Terms and Conditions herein will prevail, solely to the extent such terms apply to the App.

2.2. User Rights

  • (a)Subject to these Terms and Conditions, we grant you a personal, non-exclusive, non-transferable, limited and revocable right to use the App on an Apple, Android or Huawei mobile device (each a “Device”) owned or controlled by user as permitted by the Apple Terms, Google Terms or Huawei Terms and in accordance with these Terms and Conditions.
  • (b) Any use of the App and Web Portal in any other manner, including, without limitation, resale, transfer, modification or distribution of the App and Web Portal or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the App and Web Portal (“Content”) is prohibited. This Agreement also governs any updates to, or supplements or replacements for, the App and Web Portal unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

2.3. App Online Features

  • (a) Users who download the App to a Device, upon registration are given access to various after sales service, including viewing pre-scheduled booking service appointments, viewing maintenance information, reporting issues, accessing main purpose breakdown report and reviewing previous records related to your purchase in accordance with these Terms and Conditions.
  • (b) We reserve the rights to modify, update, edit, share, reject, erase, remove and delete any of the Content and links to web pages and/or media platforms in the App, at our sole discretion.
  • (c) We further reserve the right at any time to change, suspend or discontinue any or all of the functions of the App and Web Portal, without prior notice. This may include updates or alterations to the service features offered.
  • (d) Powertechnic shall not be liable to verify the identity or authenticity of any Device holder. All transactions carried out from your account through a Device shall be deemed to be valid and authorized by you.

2.4. Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA 2001”)

  • (a) You also represent and warrant that you will not facilitate any transaction within the App and Web Portal, on behalf of any person which is in contravention of the AMLA 2001. You agree to share with us any information with the source of the funds or monies for purposes of ascertaining whether a transaction is warranted with suspicious transactions.
  • (b) In addition, you shall, to the extent consistent with applicable laws including but not limited to the AMLA 2001, take all steps necessary and appropriate to provide us with any requested information in relation to any of the transactions performed within the App and Web Portal or we shall request such information in response to an inquiry or investigation by an appropriate authority.

2.5. User Information

  • (a) Some functionalities of the App may require the transmission of information provided by you as one of the users, including but not limited to your names, passwords, addresses, e-mail addresses, information related to the App and Web Portal or GPS location (“User Information”).
  • (b) If you use such functionality in the App and Web Portal, you hereby consent to the transmission of User Information to us, our agents and/or service providers and authorizes us, our agents and/or service providers to record, process and store such User Information as necessary for the App functionality and for purposes described in the Privacy Policy.
  • (c) You are solely responsible for maintaining the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the App and Web Portal, including any activities undertaken with any account registered in your name under the App and Web Portal, whether authorized or unauthorized.
  • (d) You agree to immediately notify us of any unauthorized transactions associated with the App and Web Portal including online payment or any other breach of security. We shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the App and Web Portal.
  • (e) Any personal data which you provide to us in connection with using the App and Web Portal will be handled in accordance with our Privacy Policy and stored on servers in Malaysia. The data collected will be used solely for the purposes outlined in our Privacy Policy. By using the App and Web Portal, you acknowledge and consent to the collection, processing and storing of your personal data as detailed in our Privacy Policy.

2.6. Obligation as a User

In addition to other terms herein, by using the App and Web Portal, you shall abide to the following:-

  • (a) shall only use the App and Web Portal for lawful purposes and in compliance with all applicable laws and regulations;
  • (b) shall not use the App and Web Portal in any manner that could damage, disable, overburden, impair our servers or networks, or interfere with any other users’ use and enjoyment of the App and Web Portal;
  • (c) shall not collect or harvest any information or data from the App and Web Portal or our systems or attempt to decipher any transmissions to or from the servers that operate the App and Web Portal;
  • (d) shall not infringe our intellectual property rights or those of any third party in relation to the use of the App and Web Portal; and
  • (e) shall not post or transmit any material which contains viruses or other harmful codes, files or programs which are designed to limit, disrupt, damage or destroy the functionality of our system and security.

2.7. Acceptable Use

  • (a) Use of the App, Web Portal, any Content as well as User Information transmitted in connection with the App and Web Portal are limited to be used solely for the contemplated functionality. By using the App and Web Portal, you hereby agree to comply with these Terms and Conditions and to use of the App and Web Portal and any Content in accordance with these Terms and Conditions.
  • (b) In no event may the App and Web Portal be used in a manner that:
    • (i) harasses, abuses, stalks, threatens, defames or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
    • (ii) is unlawful, fraudulent or deceptive;
    • (iii) uses technology or other means to access the App, Web Portal or Content that is not expressly authorized by us;
    • (iv) use or launch any automated system, including without limitation to, “robots,” “spiders,” or “offline readers,” to access the App, Web Portal or Content;
    • (v) attempts to introduce viruses or any other computer code, files or programs designed to disrupt, destroy, damage or limit the functionality of any computer software or hardware or telecommunications equipment;
    • (vi) attempts to gain unauthorized access to our network or user accounts;
    • (vii) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
    • (viii) violates these Terms and Conditions;
    • (ix) attempts to damage, disable, overburden, or impair our servers or networks; or
    • (x) fails to comply with any applicable third-party terms.

    (collectively “Acceptable Use”).

  • (c) In addition to Clause 2.8 below, we reserve the right, at our sole discretion, to revoke any rights granted to you, terminate your access to the App and Web Portal, or assert legal action with respect to the App and Web Portal if we reasonably believe that your use is or might be in violation of these terms of Acceptable Use or any other provisions as set out in these Terms and Conditions, but our failure or delay from taking such actions does not constitute a waiver of our rights to enforce these Terms and Conditions.

2.8. Termination

  • (a) We may immediately terminate this Agreement by notice in writing without prejudice to any other rights we may have under this Agreement or at law in the event –
    • (xi) you are found to be in breach of any clause of this Agreement; or
    • (xii) if you are a corporate entity and either pass a resolution for winding up or becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration (including without limitation bankruptcy proceeding) or if a receiving order is made against you or you make any arrangement or composition with your creditors.
  • (b) Upon termination of this Agreement —
    • (i) all rights granted to you under this Agreement shall immediately cease and we shall have the right to delete or deactivate your account;
    • (ii) you must immediately cease all activities authorised by this Agreement; and
    • (iii) you must immediately destroy, delete and remove (i) the App and Web Portal from all Device(s), (ii) all Content in connection with the App and Web Portal which is in your possession, and (iii) all copies of the information relating to the App and Web Portal that are in your possession, custody or control and certify to us that you have done so.
  • (c) Clauses 2.9, 2.10, 2.11, 2.12 and 2.13 shall survive any termination or expiration of this Agreement.

2.9. Indemnification

  • (a) You agree to defend, indemnify, and hold harmless Powertechnic and our respective employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees) that arise from your use or misuse of the App and Web Portal, violation of these Terms and Conditions or violation of any rights of a third party. Powertechnic reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such cases, you agree to cooperate in asserting any available defences. In the event of any third-party claim that the App and Web Portal or your possession and use of the App and Web Portal infringes that third party’s intellectual property right, Powertechnic, not Apple or Google or Huawei, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

2.10. No Warranties

  • (a) Powertechnic is providing the App and Web Portal to you on an “as is” basis and your use of them is at your own risk. To the fullest extent permitted under applicable law, Powertechnic disclaims all warranties and conditions, whether express or implied, including any warranties or conditions that the App and Web Portal is merchantable, of satisfactory quality, reliable, accurate, fit for a particular purpose or need, non-infringing or free of defects or errors or able to operate on an uninterrupted basis, or that the use of the App and Web Portal by you is in compliance with laws applicable to you or that User Information transmitted in connection with the App and Web Portal will be successfully, accurately or securely transmitted.

2.11. No Liability

  • Powertechnic will not be liable to you for:
  • (a) any loss of income, business, goodwill or profits arising out of this Agreement;
  • (b) any unauthorized access to or alteration, theft or destruction of the account;
  • (c) the consequences of any delay or mistake relating to the use of App and Web Portal caused by any circumstances beyond Powertechnic’s control;
  • (d) any loss or damage which was not caused by Powertechnic’s breach of this Agreement or breach of legal duty of care;
  • (e) any loss or damage which was not a reasonably foreseeable result of either Powertechnic’s breach of this Agreement or breach of legal duty of care. Loss or damage is “reasonably foreseeable” if, at the time Powertechnic and you entered into this Agreement, such loss was contemplated by you and by Powertechnic; or
  • (f) any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage.

2.12. Marks and Content

  • (a) Any trademarks, service marks, graphics and logos used in connection with the App and Web Portal are the trademarks of their respective registered owners (collectively “Marks”).
  • (b) The Marks shall not be copied, imitated or used, in whole or in part, without the prior written permission of the relevant registered trademark holder. The Marks are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and may also have security components that protect digital information only as authorized by the relevant registered trademark holder.

2.13. Third Party Claims

  • (a) You acknowledge that you are responsible for addressing any third-party claims relating to your breach of obligations herein in respect of the permitted uses of the App and Web Portal and agree to notify us of such third-party claims of which you become aware. You hereby agree to release us from any liability resulting from such breach as well as the infringement by you of any proprietary rights of any third party.
  • (b) You shall promptly refer all inquiries and complaints and cooperate with us to resolve any inquiries and complaints from your customers or user to the extent necessary.

3. GENERAL

3.1. Governing Law and Jurisdiction

  • (a) These Terms and Conditions are governed by the laws of Malaysia, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. You irrevocably consent to the exclusive jurisdiction of the courts of Malaysia for any legal action arising out of or related to the use of the App and Web Portal or these Terms and Conditions.

3.2. Severability

  • (a) If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

3.3. Assignment

  • (a) We may transfer all or part of this Agreement without such transfer being considered a change to the agreement, by giving notice to you. The company or other entity to whom we transfer this Agreement will have the same rights and obligations as we did before the transfer, and we will ensure that it agrees in writing to be bound by the terms and conditions of this Agreement so that your rights under this Agreement are not detrimentally affected.

3.4. Entire Agreement

  • (a) All correspondence entered into under this Agreement will be in the English language. This Agreement is the complete and exclusive statement of the agreement between you and Powertechnic and supersedes all prior proposals and all other agreements in respect of the subject matter of this Agreement. If any provision of this Agreement is illegal or unenforceable, that provision will be deleted from this Agreement, and the remaining terms will not be affected. Headings are for convenience of reference only and will in no way affect interpretation of this Agreement.

3.5. Changes

  • (a) Powertechnic reserves the right to change or modify these Terms and Conditions relating to the use of the App and Portal at any time and at our sole discretion, by posting revisions on the App and Portal. Continued use of the App and Portal following the posting of these changes or modifications will constitute acceptance of such changes or modifications.

3.6. Enquiries or Questions

  • (a) If you have any questions regarding these Terms and Conditions, or your account, please email our Customer Care Team.