TERMS & CONDITIONS OF USE

Last Updated: 12th October 2021

 

1.             INTRODUCTION

 

1.1         Welcome to the Modello Mobile Application and thank you for using our mobile application. In addition to the mobile application, our Modello Services, www.modello.my is accessible to the Merchants that sign up with the Modello Services.  Modello Search Sdn. Bhd. (Company No.: 201801014932/1276948-H), and/or its affiliates and/or its subsidiaries (collectively known as “Modello” or “we” or “us” or “our”) collectively provides an e-commerce platform where registered Merchants and/or Merchants and/or the general public (hereinafter collectively referred to as “Users”) are able to place, accept, conclude, manage and fulfill orders for the services through the Modello Mobile Application and/or Modello Website.

 

1.2         Users are advised to read carefully the following Terms & Conditions of Use before proceeding to use the Mobile Application and/or Modello Website respectively (hereinafter referred to as “Modello Platform” and/or “Modello Services”) as it affects the User’s legal rights, liabilities and obligations with respect to Modello under the law. By accessing, browsing and/or using Modello Services, the User is deemed to have irrevocably and unconditionally agreed to the Modello Terms and Conditions of Use which are meant to be read together with the following agreement and policies:

 

 

a)    Merchant’s Agreement (in respect of a Merchant);

b)    Privacy Policy;

c)    Refunds and Cancellation Policy; and

d)    Any other policies published on the  Modello Platform.

 

1.2.1   The Terms of the Policies stated in Items 1.2 (a) to (d) are an integral part of the Terms and Condition of Use herein by reference, and collectively constitute a legally binding agreement between the Users and Modello.

 

1.3         The Modello Services provided thereof including but not limited to information, linked pages, features, data, texts, images, video, content, programming, software, application services or any other materials made available through the Modello Platform. The Modello Services is an online platform that provides for the sale of services between a Merchant and a User (collectively referred as “You” and/or “Users” and/or “Parties”). The actual contract for services or any other contract is directly between the Merchant and the User, Modello is not a party to that or any other contract between the User and the Merchant and accepts no obligation in relation with such contract. In the sale of service transaction, the Parties to such transaction will be entirely responsible for the sales contract between them including the services sold, the Merchant shall perform the services in a competent and professional manner according to standards agreed upon by the Merchant and User mutually, or by such representation of the Talent and/or such User, and others. Modello is not in any way involved in the contract between the Parties and Modello cannot ensure that Users will actually complete a transaction.

 

1.3.1   You shall agree to use the Modello Services at your own risk. Modello will not be responsible for any loss you suffer that arises from the use of the Modello Services. By continuing to use Modello Services, you agree to indemnify Modello from any losses that you may suffer therefrom.

1.4         The User’s access and use of the Modello Services are governed by the Modello Terms and Conditions and any law in force in Malaysia, including but not limited to, the Malaysian Communications and Multimedia Act 1998 and the Malaysian Communications and Multimedia Content Code. If you do not agree with Modello Terms and Conditions, please do not use Modello Services.

 

1.5         Modello reserves the right to change, modify, add, or remove portions of the Modello Terms and Conditions at any time. The users shall be notified of any amendments towards the Terms and Conditions of Use or any other Modello policies, by way of an announcement and/or notification which would be posted on Modello Mobile Application and Modello Website. If you do not agree with the said amendments, you should not continue to use the Modello Services. If you continue to use the Modello Services after the effective date of the announcement, you shall be deemed to be aware and accepted the said amendments and/or changes. 

1.6         A limited and revocable license is granted to you to access and use the Modello Services subject to Modello Terms and Conditions. Modello also reserves the right to refuse to provide you with access to Modello Services at any given time and for whatever reason as deems fit by Modello.

 

TAKE NOTE THAT BY USING MODELLO SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS

BY USING AND/OR CONTINUE USING MODELLO SERVICES, IT IS DEEMED THAT YOU HAVE ACCEPTED AND CONSENTED TO THE MODELLO TERMS AND CONDITIONS OF USE INCLUDING ALL OTHER TERMS, POLICIES AND RULES REFERRED TO HEREIN. KINDLY TAKE NOTE THAT IF YOU ARE UNDER THE AGE OF 18 OR BELOW THE LEGAL AGE FOR GIVING CONSENT UNDER THE APPLICABLE LAWS IN YOUR COUNTRY (WHICHEVER YOUNGER), YOU MUST ONLY OPEN AN ACCOUNT WITH MODELLO OR USE THE MODELLO SERVICES WITH THE INVOLVEMENT OF A PARENT OR LEGAL GUARDIAN AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND WILL BE FULLY RESPONSIBLE FOR ALL THE ACTIVITIES AND USE OF THE SAID ACCOUNT. 

 

2.             PRIVACY

 

2.1         To understand and to get a complete description of Modello’s practices with regards to your personal data and privacy, please review our Privacy Policy linked hereto. If you continue to use the Modello Services, you are deemed to accept and consent to the terms stated in the Privacy Policy including, but not limited to, the ability of Modello to collect, keep, disclose, use or process of your personal data, content and others as described in the said Privacy Policy.

 

2.2         The Users of Modello (“the Receiver”) who happen to receive another User’s information through the Modello Services will obey the laws with regards to data protection. The Receivers will also be responsible to remove such User information collected and/or received if the same was requested from the Discloser.

3.             ACCOUNT AND SECURITY

3.1         You shall be deemed to agree to the following:

 

                   i.           your User ID should not be offensive and/or inappropriate in any form;

 

                 ii.           only log into the  Modello Platform using your own User ID and password; 

 

                iii.           your account and password should always be confidential;

 

                iv.           always restrict third party access to your account and any credit/debit card usage;

 

                 v.           you are and will be held responsible for all activities that occur under your account or password even if such activities were not committed by you;

 

                vi.           always successfully log out from your account every time you end your session at the  Modello Platform;

 

              vii.           to notify Modello immediately if you have found or suspect that there have been unauthorized use of your Account’s User ID and password;

 

             viii.           you are responsible to ensure that all your Account information on the  Modello Platform is up to date and accurate; and

 

                ix.           Modello has the right but not the obligation to monitor, edit or remove any activity or content.

3.2         Modello will not be responsible or liable for any activity that occurs under your User ID and password even if the said was not done by you. Modello is not liable for any loss or damage arising out of any unauthorized use of your User ID and password or your failure to comply with the terms herein. You are fully responsible for all activities that take place under your account.

 

3.3         Modello reserves the right to terminate your account and/or your rights to use Modello Services, refuse services, remove or edit content, cancel orders, temporary withhold any sales proceeds and refund and/or take any other action in its sole discretion with or without notice, liability to you or any third party. Grounds that warrants such actions to be taken against you may include, but are not limited to the following actual or suspected:

 

 i.    account inactivity for a substantial period of time;

ii.    violation to any of the Modello Terms and Condition;

iii.   of any fraudulent, illegal, defamatory, harassing, threatening or any other harmful behavior to other Users, third parties or business interest of Modello; 

iv.    having more than one User account;

v.   any type of behavior that is abnormal and harmful to other Users; and

vi.   any legal proceedings that have commenced or would potentially commence against you relating to your Modello Account or your use of Modello Services. 

3.4         If you wish to terminate your User account, you may do so by sending a written notice of the aforesaid intention to Modello at hello@modello.my. Notwithstanding the termination, Users will continue to remain entirely responsible and liable for the following, regardless before or after the termination date:

                   i.              any incomplete transaction;

                 ii.              any service(s) to be rendered;

                iii.              any payment for the service(s); and

                iv.              any other obligation of the User. 

Modello will not be liable and shall have no liability for any damages incurred that arise with regards to the action taken in relation to this Section. Users waive any claims that arise from such action taken by Modello.

 

 

4.             USE OF THE MODELLO SERVICES 

4.1         You are granted a non-transferable and revocable license to use Modello Services until and/or unless terminated. This license is subjected to Modello Terms and Conditions including other Modello policies, terms and conditions provided herein and failure to comply with these terms and conditions may result in the termination of your account with or without further notice to you. 

4.2         The content displayed on the  Modello Platform are solely for informational purpose only. Modello does not make any representation of services on  Modello Platform and this representation is made by the Merchants. Any and/or all opinions, comments, reviews, other content and/or postings that are seen on the  Modello Platform are posted by individuals themselves. Modello may or may not share the same views as the opinions and/or comments posted by any individual and the same cannot be interpreted as an implied impression of Modello’s views.

 

4.3         Modello takes no responsibility and assumes no liability for any and all content posted by you or any third party, publicly or privately. To the maximum extent permitted by applicable law, under no circumstances will Modello be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any  Content posted, emailed, transmitted or otherwise made available on the  Modello Platform

 

4.4         You must evaluate, and bear all risks with regards to the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created by Modello or submitted to Modello and in all other parts of the  Modello Platform.

 

4.5         Modello Users are not affiliated with Modello in any way other than to use the Modello Services as an independent individual or an independent business. Modello does not own, possess any services offered or sold on the  Modello Platform

 

4.6         Modello has the right to remove any Content due to the following reasons:

 

a)      if the content violates Modello Terms and Conditions;

b)      if we receive a complaint from another User;

c)      to comply with legal process;

d)      to protect rights, property and safety of its Users, Modello and/or the Public; or

e)      if we receive a notice of intellectual property infringement.

4.7         Modello may also block delivery of communication such as status updates, postings and/or messages to or from Modello Services in an effort to protect our Services or User. 

4.8         Modello has the right but not the obligation to the following:

                   i.           monitor and control any material, activity, content, screen, monitor, on the  Modello Platform and Modello may at its sole discretion take appropriate action towards any violation of the Modello Terms and Conditions after the completion of such investigations;

 

                 ii.           restrict an unauthorized User from using Modello Services;

 

                iii.           Modello would report a suspected violation of any applicable laws to the relevant authorities. Modello would also cooperate with relevant authorities with regards to the said violation; and/or

 

                iv.           Modello will be required to inquire further and request further information and data from you in relation to your use of Modello Services at any time as part of our due diligence exercise and if you refuse to cooperate in providing such information, Modello has reasonable grounds to suspect that you have provided us with inaccurate, misleading, or fraudulent information.

5.             USER RESTRICTIONS

 

The following acts are prohibited and you hereby agree not to do the following:

 

a)         the violation of Modello Terms and Condition, terms and conditions, regulations, and other policies that are listed on the  Modello Platform, including but not limited to, accessing the  Modello Platform and Modello Services on behalf of a third party;

 

b)         intentionally or unintentionally use Modello Services to violate any applicable national or international law, policies or regulations including but not limited to the laws  relating to anti-money laundering or counter-terrorism;

c)         upload, post, transmit or make available by any means or way any content that is unlawful, vulgar, threatening, harmful, misleading, defamatory, harassing, abusive, libelous, false, distressing, obscene, alarming, fraudulent, unconscionable, deceptive, unsolicited or unauthorized advertising, promotional materials or any other unauthorized form of solicitation or other proprietary rights of any party and any content that may harm an unsupervised minor;

d)         delete, remove or eliminate any proprietary notice from the  Modello Platform;

 

e)         obstructing another User’s enjoyment of Modello Services in any way;

 

f)           use an emulator, simulator, bot to access the  Modello Platform ;

 

g)         attempt to decompile, reverse engineer or disassemble, tamper with or bypass any security associated with the Modello Software whether whole or in part;

 

h)         provides or make available content that infringes the intellectual property rights of others including but not limited to, patent, trademark, trade secret and copyright;

 

i)           manipulate in any way or interfere with other User’s listings; and

 

j)           use the Services to upload Content to impersonate or misrepresent your affiliation with any person or entity.

 

 

 

You understand that any content that has been publicly posted or privately transmitted is solely and entirely your responsibility from which the origin of such Content came from. Modello is not involved and responsible at all for any and all Content that you post and/or transmit by any way, means or form. You fully understand that by using Modello Services you may be exposed to Content that you may consider being offensive and objectionable. Users agree that under no circumstances Modello will be, to the maximum extent applicable by the law, liable in any way for any Content made available through the  Modello Platform.

6.             VIOLATION OF MODELLO TERMS AND CONDITIONS

 

Violations of this Terms and Condition of Use and any other terms and conditions, policies and/or regulation implied herein may result, including but not limited to, the following:

 

                   i.               Removal of Listing(s);

 

                 ii.               Limitation would be set on that particular Account;

 

                iii.               Account suspension and/or termination; and/or

 

                iv.               Criminal charges and/or civil actions.

7.             TRADEMARK AND COPYRIGHTS

7.1         Modello and its logos are lawfully registered trademarks of Modello. All intellectual property rights on the  Modello Platform, including but not limited to web designs, texts, graphics, software, photos, video, music, all software compilation (“Intellectual Property”) shall remain the property of Modello and where appropriately applicable, our affiliates or a third-party intellectual property owner.

 

7.2         The respective Malaysian copyright and trademark laws along with the international conventions protect the Intellectual Property within Modello Services and this  Modello Platform. Modello reserves all its rights.

 

7.3         No parts of the Modello Platform, content and/or the  Modello Platform may be reproduced, reverse engineered, altered, dissembled, mirrored, transfer, republished or transmitted in any way, means or form without prior written consent from Modello or that Intellectual Property Owner.

 

7.4         The Users are not associated with Modello in any way, they are independent individuals or businesses. Modello does not hold and/or own any of the listings listed on the  Modello Platform.

 

7.5         If you are an Intellectual Property Owner and you find that your principle’s right has been infringed please send us a written notice together with the supporting documents as proof of evidence via email to hello@modello.my and a copy of the same to our legal team legal@modello.my. Please include a physical or an electronic signature of your signature being the Intellectual Property Owner. The said written notice should include a statement by you stating that the information provided in the notice is accurate and you would indemnify Modello for any damages that Modello may suffer from relying on the information that was provided to us by you in the written notice. If the written notice was from an agent, the agent should include in the written notice that he/she has the appropriate locus and right to act on behalf of the Intellectual Property Owner with regards to the complaint. Notwithstanding the written notice is from a particular agent, a physical or an electronic signature of the Intellectual Property Owner should be affixed on to the said written notice.

 

8.             PURCHASE AND PAYMENT

8.1         Modello Services supports Credit Card payment methods. A third-party channel will be used to process the Credit Card payments.

 

8.2         Modello reserves the right to inspect if the payment methods are being used with valid authorization and may suspend the transaction until such authorization is confirmed or cancel the said transaction where such confirmation is not available.

8.3         Modello shall not be held responsible and accountable for any loss or damages to the User that results from shipping information, payment information and/or wrong remittance by User with regards to the payment for the purchased product. 

 

8.4         For the time being, Modello is only able to make payments to Users using bank transfers. Users are required to provide Modello with his/her banking details in order to receive payments i.e. from the sale of item or refund from Modello.

 

9.             FRAUDULENT OR SUSPICIOUS ACTIVITY 

 

9.1         In any event or circumstance where Modello in its sole discretion, believes that You have engaged in any potentially fraudulent or suspicious activity and/or transactions, Modello may take the necessary steps and actions to protect Modello and its Users other third parties or You from Reversals, Chargebacks, Claims, fees, fines, penalties and other likely liability. The actions Modello may take are including but are not limited to the following:

 

(a)    We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;

(b)    We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Malaysia or elsewhere and directed to Modello;

 

(c)    We may refuse to provide the Services to you now and in the future;

 

(d)    We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Modello or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

10.         INDEMNITY

 

The User of this Modello Services agrees and undertakes to indemnify and defend Modello, its parent company, its subsidiaries, directors, officers, employees, suppliers, agents, assigns (collectively, the “Indemnified Parties”) against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to (a) any transaction made on the Site, or any dispute in relation to such transaction, (b)the hosting, operation, management and/or administration of the Services by or on behalf of Modello, (c) your violation or breach of any term of these Terms of Service or any policy guidelines referenced herein, (d) your use or misuse of the Services, (e) your breach of any law or any rights of a third party, or (f) any Content uploaded by you.

11.             CANCELLATIONS AND REFUND

 

11.1          For more information, please refer to Modello’s Refunds and Cancellation Policy.

12.         MERCHANT’S RESPONSIBILITY 

 

12.1      The Merchant shall not post any content that is inaccurate, false or misleading. It is the Merchant’s responsibility to ensure that details of content posted or any other information represented by the Merchant is up to date and true.

 

12.2      All the necessary taxes, should be duly paid by the  Users respectively and the Users are advised to seek professional advice if in doubt with regards to any legal or tax advice.

 

12.3      Any violation or breach by the Users of the Modello Terms and Conditions shall result in adverse consequences.

 

13.         DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

 

13.1      MODELLO SERVICES AND ALL SERVICES (INCLUDING SOFTWARE), INFORMATION, CONTENT, MATERIALS ARE PROVIDED BY MODELLO ON AN “AS AVAILABLE” AND “AS IS”  BASIS. MODELLO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF MODELLO SERVICES, CONTENT, MATERIAL OR INFORMATION FROM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU AGREE THAT BY USING MODELLO SERVICES, YOU ARE USING IT ON YOUR OWN RISK.

15.2    TO THE FULL EXTENT PERMISSIBLE BY LAW, MODELLO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MODELLO DOES NOT WARRANT THAT THE MODELLO SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MODELLO SERVICES, MODELLO’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MODELLO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, MODELLO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MODELLO SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MODELLO SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

15.3           TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MODELLO BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:

(i)          (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOODWILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR

(ii)     ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF MODELLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

15.4   NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY MODELLO’S NEGLIGENCE, FOR FRAUD OR FOR ANY  OTHER LIABILITY ON THE PART OF MODELLO THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

16.      LINKS TO THIRD PARTY SITES

Modello does not have any control of the third-party links you find on the  Modello Platform. Those third-party links are provided merely as a convenience hence proceed to access those links at your own risk. The third-party link and any of its content therein provided are not under the control of Modello. Modello shall not be responsible or liable for any contents, links, changes and updates of any linked site.

17.     YOUR CONTRIBUTIONS TO THE SERVICES

 

17.1   Only submit Content or Services, that you have all necessary rights and/or permissions to grant the licenses below to Modello. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with the law and legal restrictions associated with any Content contribution. You hereby grant Modello and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without the need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.

17.2   Any Content, material, information or idea you post on or through the Services or otherwise transmit to Modello by any means (each, a “Submission”), is not considered confidential by Modello and may be disseminated or used by Modello without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to Modello, you acknowledge and agree that Modello and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant Modello and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.

18.     THIRD-PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS

 

18.1    Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with the law and legal restrictions associated with their Content contribution. As such, Modello is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with the law and legal restrictions associated with any contribution of Content. You will not hold Modello responsible for any User’s actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

18.2    In addition, the Services may contain links to third-party products,  services and offers. These third-party links, products, and services are not owned or controlled by Modello. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Modello has not reviewed and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their Modello Services or otherwise. By using the Services, you agree that Modello shall not be liable in any manner due to your use of, or inability to use, any Modello Services or widget. You further acknowledge and agree that Modello may disable your use of, or remove, any third-party links, or applications on the Services to the extent they violate these Terms of Service.

 

19.          GOVERNING LAWS

 

The Terms and Conditions of Use and Modello Terms and Conditions and shall be governed by and construed in accordance with the laws in force Malaysia and shall be subject to the jurisdiction of the Malaysian courts. Subject to the Arbitration Section in this Agreement, you hereby submit to the jurisdiction of the Courts in Malaysia.

 

 

 

 

 

 

 

20.      ARBITRATION

 

Any controversy, claim or dispute arising from Modello Terms and Conditions or breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia. The place of arbitration will be in Malaysian and the award by the arbitration tribunal shall be final and binding upon the parties. The arbitral tribunal shall consist of a sole arbitrator who has legal knowledge and experience in information technology in Malaysia and is independent of either party.

 

 

21.     GENERAL PROVISIONS

 

21.1   Modello reserves all rights not expressly granted herein.

21.2    Modello may modify these Terms of Service at any time by posting the revised Terms of Service on the Modello Platform. Your continued use of this Modello Services after such changes have been posted shall constitute your acceptance of such revised Terms of Service. 

 

21.3    You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

21.4    Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Modello, nor does it authorize you to incur any costs or liabilities on Modello’s behalf. 

 

21.5    The failure of Modello at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.

 

21.6    These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Modello’s affiliates and subsidiaries (and each of Modello’s and its affiliates’ and subsidiaries’ respective successors and assigns).

 

21.7    The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

 

21.8    You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation to the laws in Malaysia and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.

 

21.9    If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the  Modello Platform, please contacts us at: hello@modello.my 

 

 

LEGAL NOTICES: Please send all legal notices to legal@modello.my


API CLIENT TERMS OF SERVICE

YouTube Terms Of Service: link

Facebook Terms Of Service: link

Instagram Terms Of Service: link

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