Terms of use

TERMS AND CONDITIONS (“TERMS”)

Our Terms and Conditions were last updated on 15th of January 2023. Please read these terms and conditions carefully before using Our Application.

1. INTERPRETATION AND DEFINITIONS
1.1 Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1.2 Definitions
For the purposes of these Terms and Conditions:
a) “Application” means the software program provided by the Company downloaded by You on any electronic device, named MyResQ.
b) “Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
c) “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
d) “Account” means a unique account created for You to access our Application or parts of our Application.
e) “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to MYRESQ SDN. BHD.
f) “Country” refers to Malaysia.
g) “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
h) “Device” means any device that can access the Application such as a computer, a laptop, a mobile phone, or a digital tablet.
i) “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Application.
j) “Terms and Conditions” (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Application.
k) “Third-party Social Media Service” means any services or content (including data, Information, products, or services) provided by a third-party that may be displayed, included, or made available by the Application.
l) “Website” refers to MyResQ Website, accessible from https://web.myresq.my
m) “You” means the individual accessing or using the Application, or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

2. ACKNOWLEDGMENT
These are the Terms and Conditions governing the use of this Application and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Application.
2.1 Your access to and use of the Application is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Application.
2.2 By accessing or using the Application You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Application. Please discontinue your access immediately.
2.3 You represent that You are over the age of 18. The Company does not permit or/and be responsible those under 18 to use the Application.
2.4 Your access to and use of the Application is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company.
2.5 Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Application or Website.

3. “AS IS” AND “AS AVAILABLE” DISCLAIMER
3.1 The information and materials contained in this application, including services, products, information, data, text, graphics, audio, video, links, or other items are provided on an ‘as is’ and ‘as available’ basis.
3.2 The Company makes no warranty as to the accuracy, adequacy or completeness of such information and materials and expressly disclaims liability for errors or omissions in such information and materials.
3.3 The information contained in this application may be modified, deleted, or replaced from time to time and at any time in the absolute discretion of the Company.
3.4 No warranty of any kind, implied, expressed, or statutory, including but not limited to any warranties of title, non-infringement of third-party rights, satisfactory quality, fitness for a particular purpose and freedom from computer viruses, is given in conjunction with this application, or any information and materials herein.
3.5 No warranty is given that access to any information or materials on this application, or this Application will be provided uninterrupted or free from errors or that any identified defect will be corrected; further, no warranty is given that this Application is free from any virus or other malicious, destructive, or corrupting code, agent, program, or macros.

4. COPYRIGHT POLICY
4.1 Intellectual Property Infringement
4.1.1 We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Application infringes a copyright or other intellectual property infringement of any person.
4.1.2 If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Application, You must submit Your notice in writing to us via email [email protected] and include in Your notice a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

4.2 Intellectual Property and Trademark
4.2.1 The Application and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
4.2.2 The Application is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
4.2.3 The copyright in this application is owned by the Company and/or its Affiliate professional advisors. No part or parts hereof may be reproduced, distributed, republished, displayed, broadcast, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without the prior written consent of Company. You also may not, without Company’s written permission, insert a hyperlink to this application on any other application or ‘mirror’ any material contained on this application on any other server.
4.2.4 Any trademarks, service marks and logos displayed in this application are the property of the respective members of the Company and where applicable, third-party proprietors identified in the application.
4.2.5 No right or licence is given to any party accessing the application to download, reproduce or use any such trademarks or service marks.
4.2.6 No such trademark or service mark may be used as a link to any Company site or any other site unless establishment of such a link and use of such trademark or service mark is approved in advance by Company in writing.

5. USER ACCOUNTS
5.1 When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Application.
5.2 You are responsible for safeguarding the password that You use to access the Application and for any activities or actions under Your password, whether Your password is with Our Application or a Third-Party Social Media Service.
5.3 You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
5.4 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

6. CONTENT
6.1 Our Application allows You to post Content. You are responsible for the Content that You post in the Application, including its legality, reliability, and appropriateness.
6.2 By posting Content inside the application, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Application and Website. You retain any and all of Your rights to any Content You submit, post or display on or through the application and You are responsible for protecting those rights.
6.3 You agree that this license includes the right for Us to make Your Content available to other users of the Application, who may also use Your Content subject to these Terms.
6.4 You represent and warrant that:
a) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and
b) the posting of Your Content on or through the Application does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
6.5 The Company is not responsible for the content of the Application’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
6.6 You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
a) Unlawful or promoting unlawful activity.
b) Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
c) Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
d) Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
e) Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
f) Impersonating any person or entity including the Company and its employees or representatives.
g) Violating the privacy of any third person.
h) False information and features.
6.7 The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content.
6.8 The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Application if You post such objectionable Content.
6.9 As the Company cannot control all content posted by users and/or third parties on the Application, You agree to use the Application at your own risk. You understand that by using the Application You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any
loss or damage of any kind incurred because of your use of any content.
6.10 Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
6.11 The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
6.12 You agree to maintain a complete and accurate copy of any Content in a location independent of the Application.

7. TERMINATION
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Application will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Application.

8. VARIATION – CHANGES TO THESE TERMS AND CONDITIONS
8.1 We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
8.2 By continuing to access or use Our Application after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Application and the Website.

9. LINKS TO OTHER WEBSITES
9.1 Our Application may contain links to third-party web sites or services that are not owned or controlled by the Company.
9.2 The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or application.
9.3 We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

10. GOVERNING LAW
10.1 The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
10.2 In the event that the laws of the jurisdiction You are in do not permit or impose Restrictions on the access to the contents of this application, You shall forthwith discontinue access or comply with such restrictions.
10.3 If You have any concern or dispute about the Application, You agree to first try to resolve the dispute informally by contacting the Company.

11. ADDITIONAL TERMS
11.1 If You are below 18 years of age, You must seek parental or guardian consent before using this Application.
11.2 Our Application is a mobile application that notifies You a case of cardiac arrest near your current location within 500 metres. Responding to the case voluntary. You should only respond when you able to, feel safe and apply the CPR skills that you have learnt. There is no obligation to respond to a case.
11.3 The Automated External Device (AED) listed in this Application:
a) does not ensure it is in full working condition.
b) does not ensure it is physically at the stated location.
c) does not ensure it is accessible 24 hours or anytime to the location.
d) does not grant You the right to use it.
11.4 You may be charged by your mobile service provider for data access to Our Application and system while using it. You will accept any charges that may arise.
11.5 You will need to turn on your Location Services and allow the Application to access your
location. The Application must be allowed to receive push notifications. As such, there may be a drain on your mobile phone’s battery.

12. CONTACT US
If You have any questions about these Terms and Conditions, You may contact Us:
a) by visiting this page on our website: https://web.myresq.my/
b) by sending us an email: [email protected]