Terms & Conditions

Last Updated: 11 March 2020

 

TERMS AND CONDITIONS OF USE

 

This website and mobile app (“Platform”) are operated by Dego Malaysia Sdn Bhd (formerly known as MyInteractiveLab Sdn Bhd) under the Registration Number: 200901015266 (858337-D), a company incorporated in Malaysia with its business address at 1st Floor, No. 338-A, Lorong Sarawak, Urban Melawati 1, Pusat Bandar Melawati, 53100, Wilayah Persekutuan Kuala Lumpur, Malaysia.

 

Please read these Terms and Conditions carefully before you register for an Account and use the Platform and/or our Service(s).  These Terms and Conditions are legally binding agreements (“Contract”) between you and Dego.

 

By registering for an Account, downloading our App or using our Service(s), you confirm that you accept and agree to comply with, these Terms and Conditions. If you do not agree to any part of these Terms and Conditions, please do not continue accessing or using the Platform and/or our Service(s).

 

These Terms and Conditions may be amended from time to time. Notice of any changes to these Terms and Conditions will be made available on our website.  Please check this page regularly to ensure you are familiar with the current version. By continuing to use the Platform and/or our Service(s), you acknowledge that you accept to be bound by the updated or amended Terms and Conditions. If you do not wish to be bound by them, you should stop using the Platform and/or our Service(s).

 

Definitions

 

“Account”

means the electronic record of your profile maintained with Dego.

 

“App”

means the software application named “Dego” or any other name that may be determined by Dego Malaysia Sdn Bhd from time to time which is downloaded into your mobile device.

 

“Customer”

 

means the user of the Platform and/or the Service(s).

“Dego” or “we” or “us” or “our”

 

means Dego Malaysia Sdn Bhd (formerly known as MyInteractiveLab Sdn Bhd) [Registration Number: 200901015266 (858337-D)].

 

“Dego Credit”

means the digital money stored in the Customer Account, in exchange for the equivalent in cash paid to us.

 

“Force Majeure”

means any event that is unforeseen or unavoidable, beyond the control of the parties to these Terms and Conditions, which prevents a party from performing its duties in whole or in part. These include, earthquakes, typhoons, floods, explosions, war, riots, political unrest, industrial disputes, and changes in the law.

 

“Merchant”

 

means an independent third party that offers goods or services to the Customer through the Platform.

 

“Service(s)”

means the service provided by Dego Malaysia Sdn Bhd via the Platform:

  1. Dego Ride;
     
  2. Dego Delivery; and
     
  3. such other service as may be provided by Dego from time to time.

 

“Terms and Conditions” or “Contract

means these terms and conditions of use , as well as additional terms and conditions applicable to Customer and Third-Party Service Provider (“Additional Terms”), which we may at our sole discretion, amend from time to time.

 

“Third-Party Service Provider”

 

means an independent contractor (e.g. Driver or Rider) that offers Service(s) to the Customer through the Platform.

 

“Transaction(s)”

means the transactions performed by you on the Platform, including the following:

 

  1. payment to Merchant or Third-Party Service Provider for the purchase of goods and services using Dego Credit; or
     
  2. topping up Dego Credit into your Account and withdrawing Dego Credit from your Account.

 

 

1.  Registration

1.1  Requirements

To register for an Account, you must:

  1. be at least eighteen (18) years old;
  2. provide information such as your name, contact information, date of birth, and/or your identification card number; and
  3. such other information as Dego may require from time to time.

1.2  Provision of Information

You are responsible for ensuring that the information you provide to us is complete, accurate, not misleading or deceptive, and is kept up to date. You agree to provide all necessary information that we may require for the purposes of verification. We reserve the right to close, suspend or limit your access to your Account or use the Service(s) if we are unable to obtain or verify your information.


1.3  Acceptance

Registration for an Account is an indication of acceptance of the Terms and Conditions. If you do not accept all the Terms and Conditions, please do not continue with the registration process.

 

2.         License and Restriction

2.1       Dego grants you a revocable, non-exclusive, non-transferable, limited license to use and access the Platform and/or use the Service(s) subject to the terms and conditions of this Contract.

2.2       You must not:

  1. license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit the Platform or otherwise make it available to any third party in any manner whatsoever;
  2. modify or create derivative works based on the Platform, or disassemble, decompile, reverse engineer, decode or attempt to extract code or software from the Platform;
  3. publish or reproduce any copyrighted material, trademarks or other proprietary information without the prior consent of the owner of such intellectual property rights;
  4. use the Platform to send out obscene, offensive, libellous or otherwise unlawful or tortuous content such as spam, unsolicited messages;
  5. gain unauthorized access to the Platform by impersonating a person or entity; and
  6. engage in any conduct that may be detrimental to our credibility or that may have caused disreputability.

 

3.         Your Account

3.1  Your User ID and Password

Your registered phone number or e-mail will be the user ID for login into your Account. You will be asked to choose a password for your Account. You must keep this password confidential and must notify us immediately if you become aware that your password or Account have been compromised. We may disable your user ID or password, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.

3.2  Account Not Assignable

Your Account is personal to you. You may not assign or transfer your Account to any third party. The Dego Credit stored in your Account must be used exclusively by you, and no other person have the right of claim to it. 

3.3  Account Statement

Your Account statement is available for viewing on your Account. It contains your Transaction(s) history for the past one (1) year. The record of all Transaction(s) on your Account statement is binding and conclusive evidence of your Transaction(s).

You are responsible for checking your Transaction(s) history regularly and to immediately report any irregularities to us. We will not be obligated to investigate any disputed Transaction(s) if it is reported to us in excess of seven (7) days following the date of the disputed transaction.

3.4       Not a Banking Account

You acknowledge and agree that any money credited to your Account is not a deposit or a loan to us and that your Account is not a bank account under tHe Financial Services Act 2013.

3.5       Use of Your Account

You will be personally liable and responsible for the use of your Account, including but not limited, to all Transaction(s) undertaken and/or transacted using the Account. You agree not to hold us liable for any loss or damage whatsoever arising from your failure to keep information relating to your Account secure and confidential, or for any acts or omissions under your Account, or from your use of the Service(s).

If other persons access your Account, we will treat this as if you have authorised such use and you will be responsible for any Transaction(s) and fees incurred by such use. You must notify us immediately if you are aware of any unauthorised use of your Account.

3.6       Closing Your Account

You may close your Account at any time by contacting our Customer Support with a request to close your Account and to claim a refund of any unused funds.  Our Customer Support contact details can be found in Clause 12.2.

 

4.         Your Responsibilities

4.1  Compliance with Terms and Conditions and Laws

You will use your Account and the Service(s) in good faith and in compliance with these Terms and Conditions and all applicable laws and regulations.

4.2  Payment of Taxes

You will be solely responsible for payment of any taxes, duties or other levies or charges that may be imposed on any goods or services purchased or supplied through the Service(s).    


4.3  Restricted Activities

You must not use your Account or our Service(s):

  • to send or store any unlawful material/ contraband items or for fraudulent purposes;
  • to cause nuisance, annoyance, inconvenience or make bookings deemed by us as fake bookings;
  • to contact the other user for reasons other than those related to the Service(s);
  • to cause or attempt to cause damage to the property of the other party;
  • to defraud any person or to impersonate any person or entity or to falsely state or misrepresent your affiliation with any person or entity;
  • to provide false, fraudulent, inaccurate or misleading information;
  • to facilitate any sale or purchase of any goods and/or services which infringe the intellectual property or other proprietary rights of any third party or prohibited goods and/or services;
  • to attempt to gain unauthorised access to or otherwise interfere or disrupt the computer systems or networks connected to the Platform or Service(s);
  • to distribute viruses, trojan horses, worms, or other computer programming technologies;
  • for any purpose or activity which is unlawful, illegal, fraudulent or harmful, or in connection with any purpose or activity which is unlawful, illegal, fraudulent ;
  • in a manner which infringes on Dego’s or any third-party’s copyright, patent, trademark, trade secret or other intellectual property rights, or any other rights;
  • in any manner which avoids, bypasses, removes, deactivates, impairs, descrambles or otherwise circumvents any technological measure implemented by us or any of the service providers or any other third party (including other users) appointed by us to protect our ability to provide the Service;
  • in a manner that may result in complaints, disputes, claims, penalties or other liability to Dego, other users or third parties;
  • in a manner that is defamatory, libellous, unlawfully threatening or harassing;
  • in a manner which interferes with another’s use and enjoyment of the Service(s);
  • in a manner which circumvents or manipulates the fees, charges and/or payments payable for the Service(s); and
  • in a manner which breaches the Terms and Conditions, or violates any laws or regulations.

 

5.         Dego’s Rights

5.1       Changes, Suspension and Withdrawal of Our Service(s)

We may occasionally update and change the whole or any part of the Platform and the Service(s). We are not able to guarantee that the Service(s), or its contents, will always be available. We may suspend or withdraw or restrict the availability of all or any part of Service(s) without prior notice for business and operational reasons.

5.2       Notifications

Unless otherwise notified, we may send you notifications relating to promotional and marketing activities from time to time. You may opt-out from receiving any promotional and marketing messages by contacting our Customer Support.

5.3  Our Right to Take Action

If you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending and/or terminating your Account, prohibiting you from accessing your Account and the Service(s), place a hold on the balance of the Dego Credit held on your account, and/or bringing court proceedings against you.

 

6.         Trademark and Copyright

6.1       Trademark

"Dego" and related words and logos are trademarks of Dego Malaysia Sdn Bhd. Nothing in this Contract will be construed as granting you, either expressly or by implication, a license or other right to use any such trademark or name or any other intellectual property right belonging to us. 

6.2       Copyright

            The content and other materials on our website and the Platform are protected by applicable copyright laws. The copying, redistribution, use or publication by you of any such content is strictly prohibited.

 

7.  Disclaimer and Limitation of Liability

7.1  Disclaimer

The use of the Platform and the Service(s) are provided on an “as is” and “as available” basis. We make no warranties of any kind, whether express or implied, including, but not limited to, availability, accessibility, timeliness and uninterrupted use of the Platform and Service(s), accuracy, completeness, timeliness or security of any data or information provided to you as part of the Service(s), and fitness for purpose, and we specifically disclaim any implied warranties to the fullest extent permitted by law.

7.2  No Liability           

Dego will not be liable to you or any person you have booked the Service(s) even if we have already been informed of the possibility of such damages, for:

  1. any loss, damage or injury resulting from, or in any way related to, the Platform or Service(s);
  2. use or inability to use the Platform or Service(s);
  3. any reliance placed by you in the completeness, accuracy or existence of any content of our Platform or Service(s); and
  4. any dispute between you and the service provider, Merchant or any sponsor whose advertising appears on our website, App or Service(s).

7.3  Third-Party Websites

Our Platform may include links to other third-party websites. Such links are not recommendations, endorsements or approvals. We have no control over the content of those websites or resources and accept no responsibility for them or loss or damage that may arise from your use of them.

7.4  Platform Security and Safety

We will not be liable to you for any losses, damages, costs or expenses whatsoever arising out of or in connection with the use of the Platform or the Service(s) resulting from cybersecurity breaches. You are entirely responsible for taking the necessary precautions (such as downloading suitable virus protection software) to protect yourself and your mobile device from hacking, viruses, malware, or any other harmful computer code or files designed to adversely affect the operation of the Platform and/or your mobile device.

7.5  Aggregate Liability

Unless otherwise stated and to the fullest extent permitted by law, all claims made by you against Dego will not exceed the total amount actually paid by you in connection with the use of the Platform or Service(s).

 

8.         Termination

8.1  Termination by You

You may terminate your Account by following the procedure set out in Clause 3.6.

8.2  Termination by Us

Without prejudice to any other rights and remedies we have under this Contract and/ or at law, we may terminate your Account with immediate effect by giving notice if:

  1. you breach these Terms and Conditions or Contract ;
  2. we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity or if we have any other security concerns;
  3. we are required to do so to comply with the law; and
  4. we cease to be authorised to provide the Service(s).

8.3  Refunds of Unused Funds

If your Account is terminated and subject to any claims or set-offs that we may have, we will refund the unused funds (if any) in your account to the bank account provided by you.

8.4       Unclaimed Funds

Any unclaimed funds remaining in Accounts that have been/ have not been terminated will be subject to the provisions of the Unclaimed Moneys Act 1965.

 

9.         Privacy

9.1  Personal Data

We will use and/or disclose information collected from you (“Personal Data”) in accordance to our Privacy Notice and Personal Data Protection Act 2010. Please read our Privacy Notice to understand your rights with regards to your Personal Data.


9.2  Other Data

In addition, we may use non-identifiable and aggregated data (which may include the date and time of your visit, the IP address of your computer or mobile device, your computer or mobile device browser information, the Internet address that you visited prior to and after reaching the Site, the name of the domain and host you used to access the Internet, the type of mobile device you use) for purposes of analysis and benchmarking.

 

10.  Cookies

Cookies are small files or pieces of information that may be stored on your computer and/or mobile device when you use the Platform. We use cookies to make the Platform more user-friendly and to tailor the Platform and our Service(s) to your interests and needs. Cookies can also help speed up your future activities and experience on our Platform. We also use cookies to compile anonymous, aggregated statistics that allow us to understand how people use our Platform and to help us improve their structure and content. We cannot identify you personally from this information.

If you do not agree to our use of cookies in this way, you may set your browser settings to disable the cookies while using the Platform but this may result in the loss of functionality, restrict the functionality and usability of the Platform and/or Service(s).

           

11.       Indemnity

You will indemnify and hold harmless Dego, its directors, officers, employees, and agents from any claims for damages, losses, or expenses (including reasonable legal fees) arising from or in connection with your use of the Service(s) and feedback, or from your negligence, misconduct, or breach of this Contract.

 

12.       Communications between Us 

12.1     Notices

Any notice or other communication given by one of us to the other under or in connection with this Contract must be in writing and delivered by e-mail. In proving the service of any notice, it will be sufficient to prove that such e-mail was sent to the recipient's e-mail address.

The provisions of this clause does not apply to the service of any proceedings or other documents in any legal action.

12.2     Customer Support

If you have any questions or requests regarding this Contract or our Service(s), please contact our Live Chat agent (Monday to Saturday 9am-12 Midnight) or visit our office at:

No. 338-A, 1st Floor,

Urban Melawati 1, Lorong Serawak,

Pusat Bandar Melawati,

53100 Kuala Lumpur, Malaysia.

           

13.       General 

13.1     Assignment and Transfer

We may assign or transfer our rights and obligations under this Contract to another entity (whether related or unrelated) by posting on this webpage if this happens.

If any provision in these Terms and Conditions conflicts with the Additional Terms, the Additional Terms will take precedence.

13.3     Force Majeure

We will not be liable or responsible for any failure or delay in the performance of any of our obligations, including, but not limited to, the non-availability and/or interruption of the Service(s) caused by any act or event outside our reasonable control.

13.4  Law and Jurisdiction

This Contract will be governed by and construed in accordance with the laws of Malaysia, and any disputes relating to this Contract will be subject to the exclusive jurisdiction of the courts of Malaysia.

13.5     Severability

Each paragraph of this Contract operate separately. If any court or competent authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. 

13.6     Third Party Rights

A person who is not a party to this Contract does not have the right to enforce this Contract.

13.7    Waiver

If we do not enforce our rights against you, or if we delay doing so, it does not mean that we waive our rights against you. If we waive any rights, we will do so only in writing, and that does not mean that we will automatically waive any subsequent or ongoing breaches.
 

Additional Terms

(Customer)

1.         Use of the Service(s)

1.1       Acknowledgment

You acknowledge and accept that Dego is a technology company that provides a platform to connect the Customer to Third-Party Service Provider and Merchant. You understand that we are not a retailer or delivery/ transport service provider and that it is the duty of Third-Party Service Provider or Merchant to provide you with the goods and services concerned.

1.2       Authorisation
In using the Platform and the Service(s) you authorise:

  1. the deduction of the Dego Credit from your Account for non-cash payment; and
  2. us to use and/or disclose your Personal Data in accordance with our Privacy Notice and Personal Data Protection Act 2010, and use non-identifiable and aggregated data for purposes of analysis and benchmarking.

1.3       Account Limit and Balance

For non-cash or credit card payment, there must be sufficient Dego Credit in your Account before using the Service(s) (including any taxes and other applicable fees or charges) failing which Dego reserves the right to block, reject or decline the Transaction(s).

We may limit the amount or number of Transaction(s) you can make through your Account for security reasons.

1.4       Applicable Fees and Charges

We reserve the right to impose any charges, fees or subscriptions for the use of certain Service(s), if required, by deducting from your Account. You will be responsible for all fee and/or charges imposed by certain payment networks for using their channels to perform Transaction(s), and standard telecommunications charges will be applied when using the Services(s).

1.5       No Representation

The Platform and Service(s) are made available by Dego at its absolute discretion. We make no representations, warranties or guarantees that:

  1. the content on our Platform is accurate, complete or up to date;
  2. that the Platform and any subsequent revisions, modifications, updates, upgrades or versions is and would be compatible with your mobile device; or
  3. the Platform or the Service(s) will remain available.
1.6       Our Rights Reserved

We reserve the right to block or decline any Transaction(s) at our sole and absolute discretion without assigning any reason.

We may deactivate or restrict access to the Account if you have not made a transaction on the Account for twelve (12) months from the last transaction date.

1.7       Opting Out From the Service(s)

You may opt-out from the Service(s) at any time by deleting your Account on the Platform.


2.         Customer’s Obligations

2.1       Representations Warranties and Undertakings

The Customer represent, warrant and undertake to:

 
  1. assist Dego in any investigation to comply with any laws and regulations;
  2. assume full responsibility and liability for the use of the Service(s) and for any loss or damage that you, Dego or any other party may have suffered as a result of your breach of this Contract;
  3. provide any proof of identity or other documentation that we may reasonably require or request;
  4. provide the correct, up-to-date and complete information required for the performance of the Service(s) and maintain and update the information in a timely manner; and
  5. not carry a pack of more than 10 kg in weight and 38 x 38 x 38 cm in size (or such other weight and size limitations published on our website) when using Dego Ride.

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