OTA MY - Terms and Conditions

Agreement to Terms

These Terms and Conditions govern the use of this website and constitute an agreement between you and OTA MY. These Terms and Conditions set forth the rights and obligations of all users regarding the use of the website.

Your access to and use of the website 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 website. The information provided on the website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

By accessing or using the website, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, you may not access the website.

Bank Account Transfers

The account holder’s name must match the name on the bank account used for the transfer. Transfers from accounts not in your name will not be accepted. Any such transfers will be refunded to the payer’s bank account, and you will be responsible for any fees incurred during the refund process.

User Representations

By using the website, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete.

2. You will maintain the accuracy of such information and promptly update such registration information as necessary.

3. You have the legal capacity and agree to comply with these Terms and Conditions.

4. You are over the age of 18.

5. You will not access the website through automated or non-human means, whether through a bot, script, or otherwise.

6. You will not use the website for any illegal or unauthorized purpose.

7. Your use of the website will not violate any applicable law or regulation.

8. You are accessing the website from our official website that you have purchased and not from third-party platforms such as Facebook, WhatsApp, etc.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof).

Privacy Policy

We care about data privacy and security. In the event we receive any personal data (as defined by the Personal Data Protection Act 2010 (“the Act”)) pursuant to this Agreement, any contract, or arrangement, we shall ensure that it fully complies with the provisions of the Act and only deals with such personal data to fulfill its duties and obligations provided under this Agreement. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions.

Term

These Terms and Conditions shall remain in full force and effect while you use the website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

Exclusion of Liability

OTA MY shall in no event be liable for any loss or damages howsoever arising whether in contract, tort, negligence, strict liability, or any other basis, including without limitation, direct or indirect, special, incidental, consequential, or punitive damages, or loss of profits or savings arising in connection with your access to or use of the website (or any third-party link to or from OTA MY), reliance on the information contained in the website, any technical, hardware, or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise.

This exclusion clause shall take effect to the fullest extent permitted by law.

Indemnity

You hereby irrevocably and unconditionally agree to indemnify and keep indemnified OTA MY from all actions, liabilities, claims, losses, expenses, and damages, including any legal fees that may be incurred by OTA MY in connection with or arising from (1) your use or misuse of this website and the services provided herein, or (2) your breach of these Terms and Conditions howsoever occasioned, or (3) any intellectual property right or proprietary right infringement claim made by a third party against OTA MY in connection with your use of this website.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the website, as well as data relating to your use of the website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the website.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Governing Law

These Terms and Conditions are governed by and are to be construed in accordance with the laws of Malaysia. By accessing this website and/or using the services provided herein by OTA MY, you hereby consent to the exclusive jurisdiction of the Malaysian courts in Kuala Lumpur, Malaysia in all disputes arising out of or relating to the use of this website.

OTA MY makes no representation that the materials, information, functions, and/or services provided on this website are appropriate or available for use in jurisdictions other than Malaysia.

Miscellaneous

These Terms and Conditions and any policies or operating rules posted by us on the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the website. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

OTA MY App - Terms & Conditions

By downloading or using the app, these terms will automatically apply to you – therefore, you should read them carefully before using the app. You are not allowed to copy, modify, extract the source code, or create derivative versions of the app, or our trademarks in any way. You are also not allowed to attempt to translate the app into other languages.

OTA MY is committed to ensuring that the app is as useful and efficient as possible. Therefore, we reserve the right to make changes to the app or to charge for its services at any time and for any reason. We will never charge you for the app or its services without making it very clear what you are paying for.

The OTA (Over The Air) app stores and processes personal data that you have provided to us in order to provide our Service. It is your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, as this could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features, and it could mean that the OTA (Over The Air) app will not work properly or at all.

You should be aware that there are certain things that OTA MY cannot take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider. OTA MY cannot take responsibility for the app not working at full functionality if you do not have access to Wi-Fi, and you have used up your data allowance.

If you are using the app outside of an area with Wi-Fi, please remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. By using the app, you accept responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you are using the app, please ensure that you have received permission from the bill payer.

Along the same lines, OTA MY cannot always take responsibility for the way you use the app. For example, you need to make sure that your device stays charged – if it runs out of battery and you cannot turn it on to avail the Service, OTA MY cannot accept responsibility.

With respect to OTA MY’s responsibility for your use of the app, when you are using the app, it is important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we rely on third parties to provide information to us so that we can make it available to you. OTA MY accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems (and for any additional systems we may decide to extend the app to) may change, and you will need to download the updates if you want to keep using the app. OTA MY does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you agree to always accept updates to the application when offered to you. We may also wish to stop providing the app, and may terminate its use at any time without giving notice of

For questions, contact us at +60103555777. OTA MY SDN. BHD. (1366557K)