1. Crecker app Terms of Service

Crecker Inc. (“Crecker”, “we”, “our” or “us”) provides messaging, Internet calling, and other services to users around the world. Please read our Terms of Service so you understand what’s up with your use of Crecker. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”).

NO ACCESS TO EMERGENCY SERVICES: There are important differences between Crecker and your mobile and fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service.

About Our Services

Registration – You must register for our Services using accurate data, provide your current mobile phone number, and, if you change it, update this mobile phone number using us in-app change number feature. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.

Address Book – You provide us the phone numbers of Crecker users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services.

Age – You must be at least 13 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

Devices and Software – You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

Fees and Taxes – You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.

Privacy policy and User data

Crecker app cares about your privacy. Crecker’ Privacy Policy describes our information (including message) practices, including the types of information we receive and collect from you and how we use and share this information. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

Acceptable use of our services

Our Terms and Policies – You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.

Legal and Acceptable Use – You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Crecker, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.

Harm to Crecker App or Our Users – You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.

Keeping Your Account Secure – You are responsible for keeping your device and your Crecker account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

Third-party services

Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our Services or interact with a share button on a third party’s website that enables you to send information to your Crecker contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

Licenses

Your Rights – Crecker does not claim ownership of the information that you submit for your Crecker account or through our Services. You must have the necessary rights to such information that you submit for your Crecker account or through our Services and the right to grant the rights and licenses in our Terms.

Right of Crecker – We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights

Your License to Crecker – In order to operate and provide our Services, you grant Crecker a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers for up to 30 days as we try to deliver them, and otherwise as described in our Privacy Policy).

Crecker’ License to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Disclaimers

You use our services at your own risk and subject to the following disclaimers. We are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code, we do not warrant that any information provided by Malaysia is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our service will function without disruptions, delay, or imperfections, we do not control, and are not responsible for, controlling how or when our user use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including contents) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (Together, the “Crecker parties”) from any claim, complaint, cause of action, controversy, or dispute (together, “Claim”) and damages, known and unknown, related to, arising out of, or in any way connected with any such claim you have against any third parties. You waive any rights you may have under any other similar applicable statute or law of any other jurisdiction, which says that: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her have materially affected his or her settlement with the debtor.

Limitation of liability

Crecker parties will not liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in anyway in connection with our terms, us, or our services, even if Crecker parties have been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with our terms, us, or our services will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. Notwithstanding anything to the contrary in our terms, in such cases, the liability of the Crecker parties will be limited to the fullest extent permitted by applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless the Crecker Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

Dispute resolution

Forum and Venue – You agree that you and Crecker will resolve any Claim relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively in local Courts located in Malaysia, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes. Without prejudice to the foregoing, you agree that, in our sole discretion, we may elect to resolve any Dispute we have with you in any competent court in the country in which you reside that has jurisdiction over the Dispute.

Availability and termination of our services

Availability of Our Services – Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

Termination – We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with Crecker: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” “Other,”

Other

Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Crecker and our Services, and supersede any prior agreements.

We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.

Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.

Our Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.

Any amendment to or waiver of our Terms requires our express consent.

We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.

All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.

Nothing in our Terms will prevent us from complying with the law.

Except as contemplated herein, our Terms do not give any third-party beneficiary rights.

If we fail to enforce any of our Terms, it will not be considered a waiver.

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

We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.

We always appreciate your feedback or other suggestions about Crecker and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

 

2. Crecker Privacy Policy

Respect for your privacy is coded into our DNA. Since we started Crecker, we’ve aspired to build our Services with a set of strong privacy principles in mind.

Crecker provides messaging, Internet calling, and other services to users around the world. Our Privacy Policy helps explain our information (including message) practices. For example, we talk about what information we collect and how this affects you. We also explain the steps we take to protect your privacy – like building Crecker so delivered messages aren’t stored and giving you control over who you communicate with on our Services.

When we say “Crecker,” “our,” “we,” or “us,” we’re talking about Crecker. This Privacy Policy (“Privacy Policy”) applies to all of our apps, services, features, software, and website (together, “Services”) unless specified otherwise.

Please also read Crecker Terms of Service (“Terms”), which describes the terms under which you use our Services.

Information We Collect

Crecker receives or collects information when we operate and provide our Services, including when you install, access, or use our Services.

Information You Provide

Your Account Information – You provide your mobile phone number to create a Crecker account. You provide us the phone numbers in your mobile address book on a regular basis, including those of both the users of our Services and your other contacts. You confirm you are authorized to provide us such numbers. You may also add other information to your account, such as a profile name, profile picture, and status message.

Your ID & Password – In order to manage your account, you must enter your ID and PW. ID cannot be duplicated with other users and cannot be changed. For Password, it is very important to manage your services. Password must be managed so that it is not disclosed to others. Password is encrypted and cannot be verified by the company. Therefore, we confirm that the company is not responsible for any problems caused by the disclosure of Password.

Your Messages – We do not retain your messages in the ordinary course of providing our Services to you. Once your messages (including your chats, photos, videos, voice messages, files, and share location information) are delivered, they are deleted from our servers. If a message cannot be delivered immediately (for example, if you are offline) it can be kept on the server for up to 30 days when trying to deliver a message. If the message is not delivered after 30 days, the message is deleted. To improve performance and deliver media messages more efficiently, such as when many people are sharing a popular photo or video, we may retain that content on our servers for a longer period of time. We also offer end-to-end encryption for services that are turned on by default for you and the recipients of your messages. End-to-end encryption means that your messages are encrypted so that we and third parties cannot read them.

Your Connections – To help you organize how you communicate with others, we may create a favorites list of your contacts for you, and you can create, join, or get added to groups and broadcast lists, and such groups and lists get associated with your account information.

Customer Support – You may provide us with information related to your use of our Services, including copies of your messages, and how to contact you so we can provide you customer support. For example, you may send us an email with information relating to our app performance or other issues.

Automatically Collected Information

Usage and Log Information – We collect service-related, diagnostic, and performance information. This includes information about your activity (such as how you use our Services, how you interact with others using our Services, and the like), log files, and diagnostic, crash, website, and performance logs and reports.

Transactional Information – If you pay for our Services, we may receive information and confirmations, such as payment receipts, including from app stores or other third parties processing your payment.

Device and Connection Information – We collect device-specific information when you install, access, or use our Services. This includes information such as hardware model, operating system information, browser information, IP address, mobile network information including phone number, GPS and Carrier base station. We collect device location information if you use our location features, such as when you choose to share your location with your contacts, view locations nearby or those others have shared with you, and the like, and for diagnostics and troubleshooting purposes such as if you are having trouble with our app’s location features.

Cookies – We use cookies to operate and provide our Services, including to provide our Services that are web-based, improve your experiences, understand how our Services are being used, and customize our Services. For example, we use cookies to provide Crecker app for web and desktop and other web-based services. We may also use cookies to understand which of our FAQs are most popular and to show you relevant content related to our Services. Additionally, we may use cookies to remember your choices, such as your language preferences, and otherwise to customize our Services for you.

Status Information. We collect information about your online and status message changes on our Services, such as whether you are online (your “online status”), when you last used our Services (your “last seen status”), and when you last updated your status message.

Third-Party Information

Information Others Provide About You – We receive information other people provide us, which may include information about you. For example, when other users you know use our Services, they may provide your phone number from their mobile address book (just as you may provide theirs), or they may send you a message, send messages to groups to which you belong, or call you.

Third-Party Providers – We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. For example, we work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, supply map and places information, process payments, help us understand how people use our Services, and market our Services. These providers may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues.

Third-Party Services – We allow you to use our Services in connection with third-party services. If you use our Services with such third-party services, we may receive information about you from them; for example, if you use Crecker share button on a news service to share a news article with your Crecker contacts, groups, or broadcast lists on our Services, or if you choose to access our Services through a mobile carrier’s or device provider’s promotion of our Services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

How We Use Information

We use all the information we have to help us operate, provide, improve, understand, customize, support, and market our Services.

Our Services. We operate and provide our Services, including providing customer support, and improving, fixing, and customizing our Services. We understand how people use our Services, and analyze and use the information we have to evaluate and improve our Services, research, develop, and test new services and features, and conduct troubleshooting activities. We also use your information to respond to you when you contact us. We use cookies to operate, provide, improve, understand, and customize our Services.

Safety and Security – We verify accounts and activity, and promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our Terms, and to ensure our Services are being used legally.

Communication to our services and partners – We communicate with you about our services and features, and keep you informed of our terms and policies and other important updates. We can provide marketing for our services and the services of our partners.

No Third-Party Banner Ads – We do not allow third-party banner ads on Crecker. We have no intention to introduce them, but if we ever do, we will update this policy.

Commercial Messaging – We will allow you and third parties, like businesses, to communicate with each other using Crecker, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing. For example, you may receive flight status information for upcoming travel, a receipt for something you purchased, or a notification when a delivery will be made. Messages you may receive containing marketing could include an offer for something that might interest you. We do not want you to have a spam experience; as with all of your messages, you can manage these communications, and we will honor the choices you make.

Information You And We Share

You share your information as you use and communicate through our Services, and we share your information to help us operate, provide, improve, understand, customize, support, and market our Services.

Account Information – Your phone number, profile name and photo, online status and status message, last seen status, and receipts may be available to anyone who uses our Services, although you can configure your Services settings to manage certain information available to other users.

Your Contacts and Others – Users with whom you communicate may store or reshare your information (including your phone number or messages) with others on and off our Services. You can use your Services settings and the block feature in our Services to manage the users of our Services with whom you communicate and certain information you share.

Third-Party Providers – We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. When we share information with third-party providers, we require them to use your information in accordance with our instructions and terms or with express permission from you.

Third-Party Services – When you use third-party services that are integrated with our Services, they may receive information about what you share with them. For example, if you use a data backup service integrated with our Services (such as iCloud or Google Drive), they will receive information about what you share with them. If you interact with a third-party service linked through our Services, you may be providing information directly to such third party. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

Assignment, Change Of Control, And Transfer

All of our rights and obligations under our Privacy Policy are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

Managing Your Information

If you would like to manage, change, limit, or delete your information, we allow you to do that through the following tools:

Services Settings – You can change your Services settings to manage certain information available to other users. You can manage your contacts, groups, and broadcast lists, or use our block feature to manage the users with whom you communicate.

Changing Your Mobile Phone Number, Profile Name and Picture, and Status Message – You must change your mobile phone number using our in-app change number feature and transfer your account to your new mobile phone number. You can also change your profile name, profile picture, and status message at any time.

Deleting Your Crecker Account. You may delete your Crecker account at any time (including if you want to revoke your consent to our use of your information) using our in-app delete my account feature. When you delete your Crecker account, your undelivered messages are deleted from our servers as well as any of your other information we no longer need to operate and provide our Services. Be mindful that if you only delete our Services from your device without using our in-app delete my account feature, your information may be stored with us for a longer period. Please remember that when you delete your account, it does not affect the information other users have relating to you, such as their copy of the messages you sent them.

Law and Protection

We may collect, use, preserve, and share your information if we have a good-faith belief that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, to legal process, or to government requests; (b) enforce our Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our users, Crecker, and related companies, or others.

Our Global Operations

You agree to our information practices, including the collection, use, processing, and sharing of your information as described in this Privacy Policy, as well as the transfer and processing of your information to Malaysia and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

Updates to Our Policy

We may amend or update our Privacy Policy. We will provide you notice of amendments to this Privacy Policy, as appropriate, and update the “Last Modified” date at the top of this Privacy Policy. Your continued use of our Services confirms your acceptance of our Privacy Policy, as amended. If you do not agree to our Privacy Policy, as amended, you must stop using our Services. Please review our Privacy Policy from time to time.

Contact Us

If you have questions about our Privacy Policy, please contact us.

Suite 1-2, Vertical Corporate Tower B,
Avenue 10, Bangsar South, No. 8 Jalan Kerinchi,
59200 Kuala Lumpur.

 

3. Intellectual Property Policy: Your Copyrights and Trademarks

Crecker App ( “Crecker”, “we”, “our” or “us”) is committed to helping people and organizations protect their intellectual property rights. Our users agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”). Our Terms do not allow our users to violate someone else’s intellectual property rights when using our Services, including their copyrights and trademarks.

Copyright

To report copyright infringement and request that Crecker app remove any infringing content it is hosting (such as a Crecker app user’s profile picture, profile name, or status message), please email a completed copyright infringement claim to ip@CreckerApp.com.my (including all of the information listed below). You can also mail a complete copyright infringement claim to copyright agent of Crecker:

Crecker App Sdn Bhd.
Suite 1-2, Vertical Corporate Tower B,
Avenue 10, Bangsar South, No. 8 Jalan Kerinchi,
59200 Kuala Lumpur.
info@crecker.com.my

Before you report a claim of copyright infringement, you may want to send a message to the relevant Crecker App user you believe may be infringing your copyright. You may be able to resolve the issue without contacting Crecker App.

Trademark

Please include all of the following information when reporting a copyright or trademark infringement claim to Crecker:

– Your complete contact information (full name, mailing address, and phone number). Note that we regularly provide your contact information, including your name and email address (if provided), the name of your organization or client who owns the rights in question, and the content of your report to the person whose content you are reporting. You may wish to provide a professional or business email address where you can be reached.

– A description of the copyrighted work or trademark that you claim has been infringed.

– A description of the content hosted on our Services that you claim infringes your copyright or trademark.

– Information reasonably sufficient to permit us to locate the material on our Services. The easiest way to do this is by providing us the phone number of the individual who has submitted the infringing content on our Services.

– declaration that:

> You have a good faith belief that use of the copyrighted or trademarked content described above, in the manner you have complained of, is not authorized by the copyright or trademark owner, its agent, or the law;

>The information in your claim is accurate; and

You declare, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed.

– Your electronic signature or physical signature.

What to include in your copyright or trademark infringement claim to Crecker.

Keeping Your Account Secure – You are responsible for keeping your device and your Crecker account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

 

4. Cookies

About cookies

A cookie is a small text file that a website you visit asks your browser to store on your computer or mobile device.

How to use cookies

We use cookies to understand, secure, operate, and provide our Services. For example, we use cookies:

– to provide Crecker for web and desktop and other Services that are web-based, improve your experiences, understand how our Services are being used, and customize our Services;

– to understand which of our FAQs are most popular and to show you relevant content related to our Services;

– to remember your choices, such as your language preferences, and otherwise to customize our Services for you; and

– to rank the FAQs on our website based on popularity, understand mobile versus desktop users of our web-based Services, or understand popularity and effectiveness of certain of our web pages

How to control cookies

You can follow the instructions provided by your browser or device (usually located under “Settings” or “Preferences”) to modify your cookie settings. Please note that if you set your browser or device to disable cookies, certain of our Services may not function properly.

 

5. Crecker app payments

Crecker App Payment Terms of Service.

Crecker App. ( “Crecker”, “we”, “our” or “us”) provides messaging, Internet calling, and other services to users around the world, including the ability to send and receive payments (“Payments”) through the use of Crecker Pay and payment services provided by third-party financial institutions (“FIs”). Payments is a “Service” as defined in the Crecker Terms of Service (“Crecker Terms”) or a “Business Service” as defined in the Crecker Business Terms of Service (“Crecker Business Terms”). The following Crecker Payments Terms of Service (“Crecker Payments Terms”) supplement the Crecker Terms or Crecker Business Terms, as applicable, when you use Payments. By using Payments, you agree to the following Crecker Payments Terms. If there is any conflict between these Crecker Payments Terms and the Crecker Terms or Crecker Business Terms, these Crecker Payments Terms control solely with respect to your use of Payments and only to the extent of the conflict.

About Payments

Our Role – We provide a convenient platform for you to set up and use pay service, a service provided by Crecker to save payment credentials for use on company products, and relay transaction instructions to FIs for processing, as permitted in your jurisdiction. Once you have set up pay service through Crecker, you are able to send and receive money from other Crecker users who have set up pay service on Crecker. We are not a licensed financial or payment institution; do not receive, transfer, process, or store any funds in connection with Payments; do not act as service providers to FIs; and are not responsible for service interruptions or failures or acts or omissions of FIs, payments systems, or financial or payment institutions, including the payment, settlement, and clearance of funds. If you have an account at a financial or payment institution, you have a separate relationship with your financial or payment institution regarding that account, and Crecker has no affiliation with your financial or payment institution in this respect, even when your financial or payment institution acts as an FI for Payments. You may not be able to register for payments or may experience limited functionality depending on your financial or payment institution. The ability to send or receive messages with a payment is a Service provided by Crecker

Company’s Role – When you use Payments, Crecker company will save payment credentials for use on company products, relay your transaction instructions to FIs, and provide other services to you according to the Community Payments Terms and other terms referenced therein. In connection with Payments, Company do not receive, transfer, process, or store your funds; instruct your financial or payment institution to obtain pre-approvals or to initiate charges on your payment credentials; or act as service providers to the FIs.

Third-Party Financial Institution’s Role – When you use payments, FIs receive, transfer, process, or store funds; charge your payment credentials; obtain a pre-approval from your financial or payment institution; or provide other services in connection with Payments in accordance with their own terms. The financial services provided by FIs with respect to Payments may be subject to the supervision of financial regulators

Age – You must be at least 18 years old to use Payments. However, the age may be different depending on the user’s national standards.

Credit – You may be credited for certain purposes, including rewards and special offers, for which separate terms may apply.

Fees and Taxes – You must pay any applicable fees arising out of your use of Payments, including any overdraft, transaction, or other fees charged by your financial or payment institution or the FI. You must comply with applicable tax laws in connection with your use of Payments, including reporting and payment of any taxes related to transactions made through Payments and any income received from such transactions. Crecker is not responsible for withholding, collecting, reporting, or remitting any sales, use, value added, or other tax arising from any transaction you complete using Payments.

Privacy Policy and User Data

Crecker cares about your privacy. Our general Crecker Privacy Policy or Crecker Business Terms apply to your use of Payments, as applicable. Because additional information will be collected and processed when you use Payments, the Crecker Payments Privacy Policy also applies to your use of Payments. The Crecker Payments Privacy Policy describes additional information practices applicable to Payments, including the types of information we receive and collect from you when you use Payments and how we use and share this information. If you use Payments, you agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Crecker Privacy Policy or Crecker Business Terms as supplemented by our Crecker Payments Privacy Policy.

Use of Payments

Payment Amount – You are responsible for the total payment amount for your transactions using Payments. You must ensure that you have sufficient funds before executing any transaction through Payments.

Acceptable Use of Payments – You must access and use Payments only for legal, authorized, and acceptable purposes, according to our Crecker Terms or Crecker Business Terms, as applicable, and posted policies, including merchant policies as may be published from time to time. We may impose limits on your ability to send or receive payments, including by setting transaction limits. Deleting Crecker or a payments credential before a transaction is complete may result in that transaction failing. Crecker may also cancel any transaction if we believe the transaction violates the Crecker Terms, Crecker Business Terms, these Crecker Payments Terms, posted policies, Crecker Companies’ terms or privacy policies, or the FI’s terms, or if we believe doing so may prevent financial loss or fraud, or otherwise protect the security of our users and others. When registering for or using Payments, you must provide accurate, current, and complete information and keep your information updated.

Selecting Recipients – Not all Crecker users are ready or able to receive payments. If you send a payment to a user who has not registered for Payments, the FI may deduct or place a hold on your payment until the recipient registers and performs all the steps needed to receive funds, or until the payment expires, after which the FI will reverse the payment or release the hold. You may contact the recipient before sending payments to verify whether they are ready to receive payments.

Purchase Transactions – Purchase transactions may not be available in every country and require the seller to have a merchant account. If you use Payments to pay for goods or services, you agree to make legitimate purchases and to be bound by any terms of sale that the seller might offer. We have no responsibility for any goods or services purchased using Payments, including for any claims, damages, losses, liabilities, chargebacks or disputes associated with transactions. We make no warranties of any kind, express or implied, with respect to any products or services purchased using payments.

Business Use of Payments – You may not use Payments to receive business, commercial, or merchant payments, such as for the sale of goods or services. To receive business, commercial, or merchant payments, you must register for a merchant account or agree to separate terms of service as a business when this feature is available in your country.

Payment Transactions Are Final – Once you submit a payment through an FI, it is final. Crecker does not have control over the payment and therefore cannot provide refunds or facilitate chargebacks. Crecker is not liable for errors caused by the FI, your or other financial or payment institutions processing the transactions, or payment networks, or for unauthorized transactions. We assume no responsibility for the underlying transaction of funds, or the actions or identity of any transfer recipient or sender.

Updates to the Crecker Payments Terms

We may amend or update these Crecker Payments Terms. We will provide you notice of amendments to our Crecker Payments Terms, when appropriate, and update the “Last Modified” date at the top of our Crecker Payments Terms. Your continued use of Payments confirms your acceptance of our Crecker Payments Terms, as amended. If you do not agree to our Crecker Payments Terms, as amended, you must stop using Payments. Please review our Crecker Payments Terms from time to time.

 

6. Crecker Payments Privacy Policy

Crecker Payments Privacy Policy helps explain our information practices when you use our Services or Business Services, which include the ability to send and receive payments (“Payments”) through the use of  Products, Services of Crecker and the payment services provided by third-party financial institutions (“FIs”). When we say “Crecker”, “our”, “we” or “us”, we’re talking about Crecker App.

Payments contains links to or integrations with FIs and with  Company. When you interact with these FIs or Company, you may be providing information directly to them, to Crecker, or to both. These FIs and Company will have their own policies describing the collection, use, and disclosure of information by them. We encourage you to review the policies of these FIs and Company.

This Crecker Payments Privacy Policy supplements (i) Crecker’s general Privacy Policy (“Crecker Privacy Policy”), which applies to the use of all our Services, including Payments, and (ii) the data practices set forth in our Crecker Business Terms of Service (“Crecker Business Terms”), which apply to the use of our Business Services, including Payments. If there is any conflict between this Crecker Payments Privacy Policy and our Crecker Privacy Policy or the Crecker Business Terms, this Crecker Payments Privacy Policy will control solely with respect to your use of Payments and only to the extent of the conflict.

Please also see Crecker’ general Terms of Service (“Crecker Terms”), which describe the terms under which you use our Services and also apply to Payments, as well as our Crecker Business Terms, which describe the terms under which you use our Business Services. Crecker Payments Terms of Service (“Crecker Payments Terms”) supplement the Crecker Terms and Crecker Business Terms, govern your use of Payments, and describe Payments in more detail.

Please read all of these documents carefully.

Information We Collect

We receive the following additional information related to your use of Payments.

Information You Provide

Registration and Setup Information – When you register to use Payments, we require you to provide information about your payment method, security preferences, and other information that identifies you. If you choose to do so, you may set up and use the security features provided by your device’s operating system to authorize a payment. Before allowing you to send funds, you may be asked to demonstrate that you are authorized to use your payment method by providing us a one-time password, deposit information, or other identifying information.

Payment Transaction Information – When you send, receive, or request payments, you provide us with the information and details related to the transaction (including your payment method, payment amount, and security credential such as a PIN). Crecker messages sent with payments are delivered once the transaction has processed or when the receiver has reached a transaction limit and are treated as described in our Crecker Privacy Policy or Crecker Business Terms, as applicable.

Information Others Provide About You

Other Users and Businesses – We receive information about you from other users and businesses. For example, when other users or businesses you know use our Services or Business Services, they may provide information about their transactions with you, just as you may provide information to us about your transactions with them. We require each of these users and businesses to have lawful rights to collect, use, and share your information before providing any information to us.

Third-Party Service Providers – We work with service providers to help us operate, provide, improve, understand, customize, support, and market Payments; provide customer support; and keep our system safe and secure. These companies may provide us information about you or your Payments activity; for example, customer support service agents may relay information that you provide while resolving an issue with Payments.

Third-Party Financial Institutions and Company – We enable Payments by working with FIs and Company to facilitate the movement of funds between the sender and receiver. When you use Payments, these FIs or Company share with us information about you or your Payments activity in accordance with applicable law. We may receive information about you or your transactions including information to confirm your registration, the payment sender or receiver’s name, account status and balance sufficiency, transaction reference IDs, risk or fraud alerts. We will process the information we receive from these FIs or Company in accordance with Crecker Payments Privacy Policy. Please note that when you use FI services or Company Products, their own terms and privacy policies will govern your use of their services.

How We Use Information

We use all the information we have to operate, provide, improve, understand, customize, support, and market our Services and Business Services, including Payments.

Our Services – We operate, provide, develop, market and improve our Services and Business Services, including determining eligibility for payments, registering you as a user of payments, providing you with Payments and customer support for our Services and Business Services.

Safety and Security – We promote safety and security, combat harmful conduct, maintain the integrity of our Services or Business Services, and assess malfunctions or any performance or security incident. We also review your account activity to determine whether you continue to meet our Crecker Terms, Crecker Business Terms, and Crecker Payments Terms.

Legal Purposes – We may use your information for legal purposes, such as to comply with our legal obligations, enforce our terms and policies, or to address complaints or claims related to conduct that infringes our Crecker Terms or Crecker Business Terms.

Analytics – We generate statistics and reports regarding your use of Payments in order to provide you with better services.

The use of the information collected in connection with your access to and use of Payments is further described in Crecker Privacy Policy or Crecker Business Terms, as applicable.

Information You And We Share

We share your information to help us operate, provide, improve, understand, customize, support, and market Payments and to detect, prevent, or otherwise address fraud, safety, security, abuse, or other misconduct. Use of your information once it has been shared by Crecker is described below.

Payment Senders and Recipients – When you use Payments, the people with whom you send or receive payments may store or reshare information about you or your transactions with others, including other Companies, on or off our Services or Business Services. When you send or receive payments, we provide information about you and the transaction to the user with whom you transact, including the amount of the transaction and one or more transaction IDs. Additional information about you and the transaction may also be available on third-party websites or services using transaction IDs that we provide as part of a transaction confirmation.

Third-Party Service Providers – Crecker works with service providers and shares information with these service providers for the purposes listed above. For example, we share information about you and your transactions, such as the amount and status of a transaction, with third-party service providers who provide customer support on our behalf. When we share information with third-party service providers in this capacity, we require them to use your information on our behalf in accordance with our instructions and terms.

Third-Party Financial Institutions and Company – We also relay your registration, setup and transaction information, and certain information from your Crecker account (such as account information, consumer support information, usage and log information, device and connection information, and status information, as defined in Crecker Privacy Policy) with FIs and Company. For example, we share this information with Company for them to store your payment credentials and relay your payment instructions to FIs, which then process your transactions. We also share this information with Company and FIs to resolve customer concerns, for safety and security purposes such as detecting and fighting fraud and other misconduct, as well as legal purposes like satisfying our contractual obligations, and complying with our legal responsibilities. Company use the information you and we share with them to provide Payments, comply with applicable law, help prevent fraud and to improve payments product experiences across the Company in accordance with their own terms and privacy policies. FIs use the information you and we share with them to provide Payments and may also use this information as described in their own terms and privacy policies.

To facilitate Payments, Crecker may transfer, store, or process your information with these third parties or Company that may be located in your jurisdiction or in other jurisdictions.

Managing your Information

You may manage or update your Payments information through your payments settings. For example, you may register additional payment methods, unlink existing payments methods, and change the payment method you would like to use. As applicable, you may also access the personal data about you that Crecker holds by using our in-app tools. In addition, where applicable, you may also request that Crecker correct, amend or delete personal data that is demonstrated to be inaccurate. For such purpose, please contact us as set out in our Crecker Privacy Policy or Crecker Business Terms.

We generally retain your Payments information for as long as is needed for the performance of the contract between you and Crecker and to comply with our legal obligations. You may request deletion of your Payments information by deleting your Crecker account. When you choose to request to delete your Payments information, please note that we may retain some of your Payments information to provide customer service to you or to the people or businesses you have transacted with, or for the legal purposes stated in Crecker Privacy Policy. Please note that information you or we shared with FIs or Company will be deleted in accordance with their own policies.

 

7. CreckerApp

1. Introduction

You and the company or business that you are authorized to represent (“you,” “your,” or “Company”) agree to these Crecker Business Terms of Service and all other applicable terms, policies, and documentation (collectively, “Business Terms”) by downloading or using Crecker’ apps, software, features, services, and APIs designed and developed for businesses (“Business Services”).

Crecker Sdn Bhd. is the contracting entity providing you our Business Services (collectively, “Crecker,” “our,” “we,” or “us”). We provide our Business Services solely for your business or commercial use.

No access to emergency services. Please note important differences between our Business Services and mobile phone, fixed-line telephone, or SMS services. Our Business Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. Company should ensure that it can contact its relevant emergency services providers through a mobile phone, fixed-line telephone, or other service.

2. Additional Terms and Policies

These Business Terms incorporate by reference the following policies and documents:

  • Crecker Business Policy for applies only to the use of Crecker Enterprise Business Services
  • Crecker Business Data Processing Terms
  • Crecker Intellectual Property Policy
  • Crecker Brand Guidelines

To the extent that any of the additional terms and policies conflict with these Business Terms, the additional terms and policies will govern.

3. Crecker Business Account

Business Use and Eligibility – You represent and warrant that you: (a) will use our Business Services solely for business, commercial, and authorized purposes, and not for personal use; (b) will only provide registration information associated with your Company; (c) are authorized to enter into these Business Terms and are at least 18 years old (or the age of majority in your country of residence); and (d) have not been previously suspended or removed from our Business Services, or engaged in any activity that could result in suspension or removal.

Registration and Account – Company must create a Crecker business account by providing accurate, current, and complete information, including its valid legal business phone number, Company name, and other information we require. Company will keep its business account information updated. Company’s name must not: (a) be false, misleading, deceptive, or defamatory; (b) parody a third party or include character symbols, excessive punctuation, or trademark designations; or (c) infringe any trademark, violate any right of publicity, or otherwise violate anyone’s rights. We reserve the right to reclaim account names on behalf of any business or individual that holds legal claim in those names.

Communication Preferences – As part of your relationship with us, you permit Crecker to use your information to send you electronic communications (such as messages, emails, and phone calls via Crecker or otherwise) from us or our third-party providers, including: (a) notices about your account, password changes, payment authorizations, and other transactional information; and (b) information about products, services, surveys, events, news, and promotions offered by Crecker or the company where permitted by applicable law. If you do not wish for Crecker to communicate with you in regard to (b) above, you may opt-out of future communications by contacting Crecker at the contact specified at the end of these terms, or by clicking the “unsubscribe” link in any such communication.

Devices and Software – You must provide certain devices, software, and data connections, which we do not otherwise supply, to use our Business Services. You consent to manually or automatically download and install updates to our Business Services.

Fees and Taxes – You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Business Services.

Third-Party Services – Our Business Services may allow Company to access, use, or interact with websites, apps, content, and other products and services that are not provided by Crecker. For example, Company may choose to use third-party data backup services (such as iCloud or Google Drive) that may be used with some of our Business Services. Please note that when Company uses these other services, their own terms and privacy policies will govern Company’s use of those services.  Crecker will not be responsible or liable for your use of those services, the third-party’s terms, or any actions you take under the third-party’s terms.

4. Company’s Legal, Privacy, and Security Responsibilities

Compliance with Laws and Regulations – You may only use our Business Services if you have ensured that your use of our Business Services complies with all legal and regulatory requirements; it is your sole responsibility to determine your legal obligations. Our Business Services are not intended for intracorporate usage. We make no representations or warranties that our Business Services meet the needs of entities regulated by laws and regulations with heightened confidentiality requirements for personal data, such as healthcare, financial, or legal services entities. Company must provide all necessary data disclosures and notices (such as maintaining a privacy policy or labelling marketing messages). Company must also secure all necessary rights, consents, and permissions (for example, opt-in) to share its customers’ contact and other personal data with Crecker, and to communicate with its customers via Crecker using this information. Crecker is not liable for any acts or omissions by Company that breach any applicable laws. Company must also honor and comply with all Crecker user requests to stop or opt-out of receiving certain or all types of Crecker messages from Company. Crecker users may block Company, mark Company’s messages as spam, or notify us that Company is otherwise violating our terms and policies. Crecker will then take appropriate action, which could result in Crecker suspending or terminating Company’s use of our Business Services.

Security Responsibilities – Company may only allow authorized individuals acting on behalf of Company to access and use its Crecker business account for purposes authorized under these Business Terms. Company is responsible for all activities occurring under its account. Company must: (a) maintain the security of its account credentials; (b) keep its devices and Crecker account safe and secure; (c) prevent unauthorized use of or access to our Business Services; and (d) immediately notify us if Company discovers or suspects any security breaches related to our Business Services or if Company discovers or suspects any such unauthorized access or use. Company will implement and follow generally recognized industry standards and best practices for data and information security to protect Company’s data, network, and systems from unauthorized access, use, or copying. Company must promptly delete any user’s information it obtained via our Business Services if we determine, in our reasonable discretion, that Company breached its obligation to protect and prevent unauthorized use or access to its devices, account, or systems, breached these Business Terms, or if these Business Terms are terminated for any reason.

5. Licenses and Intellectual Property

Company License to Us – Our Business Services enable you to create, post, store, send, and receive content, such as text, images, videos, and other materials, including Company’s trademarks, logos, slogans, and other proprietary materials (collectively, “Company Content”). You grant Crecker and its subsidiaries and affiliates a worldwide, non-exclusive, sub-licensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly perform or display Company Content that you upload, submit, store, send, or receive on or through our Business Services, solely for the purposes of providing, operating, developing, promoting, updating, and improving our Business Services, and researching and developing new services, features, or uses. You represent and warrant that you have all rights necessary to grant us the license to Company Content, and that our use of it, as permitted by these Business Terms, will not violate any right of, or cause injury to, any person or entity.

Company’s Rights – Except for the license you grant to us above, you retain all ownership and other rights in and to your Company Content.

Our License to Company – Subject to your compliance with these Business Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Business Services solely as authorized in these Business Terms. You may also use our trademarks to promote that your business is on Crecker, solely as set forth in our Crecker, Brand Guidelines.

Crecker’ Rights – Except for the express license granted in these Business Terms, we grant no other licenses or rights to Company by implication or otherwise. Unless otherwise indicated, we own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Business Services.

Restrictions – Except as otherwise permitted by Crecker in writing, Company must not directly, indirectly, or through automated or other means: (a) distribute, sell, resell, or rent our Business Services to third parties; (b) distribute or make our Business Services available over a network to be used by multiple devices at the same time, except as authorized through tools and configurations that we have expressly provided for your use via our Business Services; and (c) copy, reproduce, distribute, publicly perform or display, modify, or make derivative works based upon all or portions of our Business Services. Company must not directly, indirectly, or through automated or other means: (d) remove any proprietary rights notices or markings; (e) reverse engineer any aspect of our Business Services or do anything that may discover source code; (f) scrape or extract data from our Business Services; (g) develop or use any applications that interact with our Business Services without our prior written consent; and (h) create software or APIs that function substantially the same as our Business Services and offer them for use by third parties in an unauthorized manner.

Reporting Third-Party Copyright, Trademark, and Other Intellectual Property Infringement – To report claims of third-party copyright, trademark, or other intellectual property infringement, please visit our Crecker Intellectual Property Policy. If you infringe the intellectual property rights of others, we may take action with respect to your account, including disabling or suspending your account.

Feedback – We always appreciate your feedback or other suggestions about Crecker. You agree that any questions, comments, suggestions, ideas, original or creative materials, or other information about Crecker or our products or services that you post, submit, or otherwise communicate to us (collectively, “Feedback”) is non-confidential and that we will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

6. Acceptable Use of our Business Services

Acceptable Use – Company will not (nor assist others to) violate any applicable law, contract, intellectual property, or other third-party right, and Company is solely responsible for its conduct while using our Business Services. Company must not directly, indirectly, or through automated or other means: (a) use our Business Services for personal, family, or household purposes; (b) engage in any harassing, threatening, intimidating, predatory, or stalking conduct; (c) use or attempt to use another user’s account without prior authorization from that user and Crecker; (d) impersonate or register on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity, perpetrate fraud, or publish falsehoods or misleading statements; (e) collect information of or about other users in any impermissible or unauthorized manner; (f) use our Business Services other than for their intended purpose or interfere with, disrupt, negatively affect, or inhibit other users; (g) damage, disable, overburden, or impair our Business Services; (h) send, distribute, or post spam, unsolicited electronic communications, chain letters, pyramid schemes, or illegal or impermissible communications; (i) post, upload, or share any content which is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or is in our sole judgment objectionable; (j) encourage or provide instructions for a criminal offense; (k) distribute any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; (l) bypass, ignore, or circumvent instructions in our robots.txt file or any measures we employ to prevent or limit access to any part of our Business Services, including content-filtering techniques; or (m) expose Crecker or others to any type of harm or liability.

Enforcement – Although we have no obligation to screen or monitor Company Content, we may review, remove, or delete Company Content posted and shared by you at any time and at our discretion, such as in cases where other users notify us that Company Content violates these Business Terms. If we disable or terminate Company’s account for a violation of these Business Terms, Company will not create another Crecker business account without our express written permission.

Complaints – You can submit a complaint to us at support@CreckerApp.com.my regarding the following: technical or technological issues, customer service issues, suspension and termination of your account or Services by us. We will acknowledge all complaints and follow-up with you to address your complaint within a reasonable timeframe. We will communicate the outcome of our complaint investigation to you if you have provided us with your valid email address.

7. Our Data Practices

Your Customer Contacts – Company provides customer contact information such as phone numbers (“Customer Data”) to Crecker, and Company determines which of its customers it may communicate with using Crecker. Contained within Customer Data, you are the data controller selecting the message recipients and instructing Crecker, for the duration of these Business Terms, to process such Personal Data on your behalf as your data processor pursuant to these Business Terms to deliver Company’s messages to its customers. To the extent that we process such Personal Data within Customer Data as your processor, our Crecker Business Data Processing Terms apply and are incorporated by reference into these Business Terms.

Access to data, and to aggregated data –  You will have access via our Business Services to the personal data, Customer Data, and Company Content that you provide to us. You may access within our Business Services aggregated data relating to your messaging activity, such as the aggregate number of messages sent, delivered, read, and received.

Ranking and Rating – If you use Catalog, you determine the order and display of your goods and services in your Catalog; we do not rank or use ranking parameters within Catalog to display your goods or services alongside or relative to any other business’ goods or services.

Other Information – You understand and agree that Crecker collects, stores, and uses: (a) information from your business account and registration; (b) usage, log, and functional information generated from your use of our Business Services; (c) performance, diagnostics, and analytics information; (d) information related to your technical or other support requests; and (e) information about you from other sources such as other Crecker users, businesses, third-party companies, and the Company. We may share this information with the Company, and we and the Company will use all the information we have to develop, operate, provide, improve, understand, customize, support, and market our Business Services, our other services, and the services and products of the Company. It is not possible to opt-out of these data practices.

Our Global Operations – Company agrees to the transfer and processing of information that we collect, store, and use under these Business Terms, to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Business Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

Legal Disclosures and Third-Party Requests – You agree that Crecker may share your information, including Company Content, if we have good-faith belief that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, legal processes, or government requests; (b) enforce these Business Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, or security or technical issues; or (d) protect the rights, property, and safety of our users, Crecker app company or others.

8. Availability

Our Business Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We reserve the right to discontinue some or all of our Business Services in our sole discretion, including certain features and the support for certain devices and platforms. Events beyond our control may affect our Business Services, such as events in nature and other force majeure events.

9. Disclaimer

Company uses our business services at its own risk and subject to the following disclaimers. We are providing our business service on “as is” basis without any express or implied warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful; that our business service or any other services will be operational, error free, secure, or safe; or that our business services or any other service will function without disruptions, delays, or imperfections. We do not control, and are not responsible for controlling, how or when our users use our business service or other services, or the features, functionalities, and interfaces our business service or other service provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties.

10. Limitation of Liability

We will not be liable to company for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with these business terms, us, or our business services, even if we have been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with these business terms, us, or our business services will not exceed the greater of one hundred dollars ($100) or the amount company has paid us in the past twelve months to use our business services. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to company. Notwithstanding anything to the contrary in these business terms, in such cases, the liability of Crecker and its directors, officers, employees, affiliates, and agents (“Crecker Parties”) will be limited to the fullest extent permitted by applicable law.

11. Indemnification

Company agrees to defend, indemnify, and hold harmless Crecker Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following (“Claim”): (a) Company’s access to or use of our Business Services, including information provided in connection therewith; (b) Company’s breach or alleged breach of these Business Terms or applicable law; and (c) any misrepresentation made by Company. We have the right to solely control, and Company will cooperate as fully as required by us in, the defense or settlement of any Claim.

12. Modifying and Terminating our Business Services

We may modify, suspend, or terminate Company’s access to or use of our Business Services and these Business Terms at any time and for any reason, permissible by applicable law, including if we determine, in our sole discretion, that Company violates these Business Terms, receives excessive negative feedback.  Company may terminate these Business Terms at any time for any reason by providing us written notice. Upon termination of these Business Terms for any reason, Company must promptly discontinue all use of our Business Services, uninstall and destroy all copies of software provided by Crecker, and delete any user information Company obtained from using our Business Services. The following provisions will survive the termination of these Business Terms: Third-Party Services, Company’s Rights, Crecker’ Rights, Feedback, Availability, Disclaimer, Limitation of Liability, Indemnification, Modifying and Terminating our Business Services, Crecker Confidential Information, Publicity, Legal Compliance, Governing Law and Venue, Amendment, Assignment, Severability, Miscellaneous, and Notices.

13. Crecker Confidential Information

Our communications with Company may contain Crecker confidential information. Crecker confidential information includes any of our materials, communications, and information that we provide to you or Company that are marked confidential or that would normally be considered confidential by a reasonable person under the circumstances. If you receive any such confidential information, you will not disclose it to any third party without our prior written consent. Crecker confidential information does not include information that you independently developed, was rightfully given to you by a third-party without confidentiality obligation, or becomes public through no fault of your own. You may disclose Crecker confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice.

14. Publicity

Except as permitted by Crecker, Company will not make any public statements regarding these Business Terms and Company’s relationship to Crecker. Company agrees to cooperate with Crecker in responding to any user, press, or governmental inquiries that either party may receive, in the manner directed by Crecker

15. Legal Compliance

Our Business Services are not intended for distribution to or use in any country where such distribution or use would violate local law. We reserve the right to limit our Business Services in any country at any time, to the extent permissible by applicable law. Company will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”). Company will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Business Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to any individual or entity, or anyone owned or controlled by any individual or entity, on Malaysia  or other government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications, without the required government authorizations. Company will not use or download our Business Services: (i) if it is located, or owned or controlled by anyone located, in a restricted country; (ii) if it is currently listed, or owned or controlled by anyone listed, on any of Malaysia or other restricted parties list; (iii) for the benefit or on behalf of a restricted country or anyone listed on any of Malaysia or other restricted parties list; or (iv) for any purpose prohibited by Export Laws. Company will not disguise its location through IP proxy or other methods.

16. Governing Law and Venue

Company will resolve any claim, cause of action, or Dispute(s) relating to, arising out of, or in any way in connection with these Business Terms, us, our Business Services, or other products and services we may make available by Governing Law.

17. Amendment

We may amend or update these Business Terms, including all incorporated policies and documents. Changes to these Business Terms will take effect from the date of posting of those changes. By continuing to use the Business Services by the Company, you are confirming your acceptance of these Business Terms as amended. If Company does not agree to these Business Terms as amended, Company must stop using our Business Services by deleting its account. Please review these Business Terms from time to time.

18. Assignment

All of our rights and obligations under these Business Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer Company’s information to any of our affiliates, successor entities, or new owner in connection with such a merger, acquisition, restructuring, or sale of assets. Company will not transfer or assign any of its rights or obligations under these Business Terms to anyone else without our prior written consent, and any attempt to do so is void.

19. Severability

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

20. Miscellaneous

The section titles in these Business Terms are for convenience only and have no legal or contractual effect. Terms such as “including” are to be construed without limitation. Nothing in these Business Terms will prevent us from complying with the law. These Business Terms do not establish any agency, partnership, or joint venture between Company and Crecker. These Business Terms do not give any third-party beneficiary rights. If we fail to enforce any of these Business Terms, it will not be considered a waiver. Unless a mutually executed agreement between Company and us states otherwise, these Business Terms make up the entire agreement between Company and us regarding our Business Services and supersede any prior written or oral agreements.

21. Notices

Written notices to Crecker may be addressed as follows:

Crecker App Sdn Bhd.
Suite 1-2, Vertical Corporate Tower B,
Avenue 10, Bangsar South, No. 8 Jalan Kerinchi,
59200 Kuala Lumpur.
info@crecker.com.my

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