Thryffy Terms of Service (Malaysia)
These Terms of Service (“Terms”) govern your use of the websites, mobile applications and services (collectively, the “Services”) provided by Thryffy (as defined below).
These Terms applies to all users of the Services, including without limitation users who are sellers, buyers, merchants, or contributors of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit.
These Terms are between you and Thryffy Technologies Sdn Bhd [202001023924 (1280244-T)] (“Thryffy”).
By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink. You further agrees and acknowledges that we reserve the sole discretion to suspend or penalise your use of any of our Services if we discover that you fail or neglect to comply with any of the rules and these Terms including removal of listings or temporary suspension or permanent ban of your use of our Services.
Thryffy reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.If you have any questions, please refer to our contact us form on the app or website.
2. Use of the Services
Subject to your compliance with these Terms, Thryffy grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
You shall use the Services in accordance with these Terms and shall not:
- Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.
- Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.
- Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.
- Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
- Use the Services in violation of or to circumvent any sanctions or embargo.
- Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of Thryffy or its affiliates, partners, suppliers or licensors.
- Use the Services only on your personal capacity basis including allowing any third party to access the Services without our prior written consent.
- Use the Services for any purpose for which it is not designed or intended.
- Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by Thryffy.
- Use any proprietary information or interfaces of Thryffy or any other intellectual property of Thryffy in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
- Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
- Use the Services to send automated, unsolicited or unauthorized messages, advertising or promotional material or any junk mail, spam or chain letters.
- Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
- Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
- Collect, use and/or disclose any information in respect of other users without their consent.
- Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory.
- Authorize or encourage anyone to do any of the foregoing.
Thryffy reserves the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.
You would need to have an account with Thryffy (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:
- If you are an individual, you are at least 18 years of age.
- If you are representing a company, organization or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.
- You are capable of entering into and performing legally binding contracts under applicable law.
- All information which you provide is accurate, up to date, truthful and complete.
If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
You are responsible for all activities and transactions under your Account.
Unless expressly permitted by Thryffy and subject to these Terms and any other additional terms as Thryffy determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user’s Account without their permission.
You may purchase memberships for increased listings in accordance with Thryffy prevailing listing and priority rules and charges, Please also take the time to read the additional terms and conditions, as set out in Clause 11.
You acknowledge and agree that:
- Thryffy does not represent or warrant that any membership will lead to a like, offer, chat and by extension, sale;
- You will not contact any other user outside the Thryffy platform including contacting the other user using their contact information unless allowed by Thryffy or under these Terms.
- notwithstanding the above, there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.
- Fees and Payments
Depending on the type and/or number of listings you choose to post and any additional services you may request in relation to your Account or listing, you may be charged subscription fees, listing fees, charged for the Thryffy Listing Tokens you may purchase and/or fees and charges otherwise in relation to your Account or listing (collectively, the “Thryffy Fees”).
You may pay your Thryffy Fees using a credit card, debit card, or by way of telegraphic or other electronic means of transfer. You may also pay your Thryffy Fees through any of the methods as may be made available on the Platforms (as defined below) or as may be notified to you from time to time.
Fee Modifications: We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service. Any change will be effective upon posting of a revised fees and payment clause here.
You acknowledge and agree that:
- In the event of a subscription or recurring payment, you shall ensure that all payments are made and cleared by your bank before each monthly and/or annual recurring payment is due. For payments by credit card, your credit card account must be in good standing and remain valid for the monthly/annual charge(s) to be debited successfully. In the event of an unsuccessful payment, the relevant will automatically be suspended and/or terminated if payments are not received within ten (10) days from the due date;
- Any transactions that highlight non refundable on our platform are nonnegotiable and binded to the account holder making the transaction
- Save as set out in these Terms or mutually agreed upon between parties, all subscription fees, listing fees and/or other fees and charges paid by you to us with respect to your Account or otherwise for your access to and use of the Services, are non-refundable. For the avoidance of doubt, there will be no refunds of any Thryffy Fees in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms;
- You shall make prompt payment of all Thryffy Fees, in full before the due date stipulated by Thryffy for such payment (where applicable) and in accordance with our payment instructions. In the event of late payment or non-payment of amounts due to Thryffy, without prejudice to any other rights or remedies available to us, Thryffy shall be entitled to: (i) terminate and/or suspend your Account and/or your access to the Services; and/or (ii) charge you a late payment fee on the overdue amount at the rate of 3% per month, or, if lower, the maximum rate allowed by applicable law. You shall pay such fees together with the overdue Thryffy Fees and any legal fees and collection costs incurred by Thryffy in collecting any past due amounts. This fee will be applied on the day after the payment due date and will be applied each month until the overdue amount is paid;
- in the event your Account is suspended or terminated for any reason any amounts due on your Account will immediately become due and payable. Thryffy reserves the right to immediately charge any amounts you have not previously disputed to the billing method that you are using and shall be entitled to terminate your Account, without prejudice to any other rights or remedies available to us; and you are responsible for collecting and paying any taxes associated with using and making sales through the Services. Depending on the tax legislation of your country of residence, goods and services tax or similar consumption tax might apply in addition to your fees.
- Thryffy is a marketplace and technology platform and is not involved in any transaction between Buyers and Sellers, does not obtain title to any purchased Items and does not act as a Buyer, Seller (or affiliate for a Buyer or Seller) or broker with respect to any transactions. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses) and all of these risks are borne by you, and not Thryffy. We encourage you to use the various functionalities of the Service (e.g., our Item commenting system, pictures of items provided) to help evaluate the user with whom you are dealing.
- Thryffy does not control the behavior of users of the Service or the information or User Content provided by other users. As a result, Thryffy does not guarantee or endorse the authenticity, quality, safety, or legality of any Items offered or sold, the truth or accuracy of any listings, or the ability of Sellers to sell Items or of Buyers to buy Items. We cannot assure that all transactions will be completed. Additionally, Thryffy does not guarantee the ability or intent of users to fulfill their obligations in any transactions. Thryffy reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting Thryffy and its users from illegal or wrongful activities or other violations of these Terms.
- FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH THE SERVICE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, ITEM DESCRIPTIONS OR THE SELLER’S REPRESENTATIONS AND THE BUYER’S ABILITY TO PAY FOR OR DELIVER THE ITEM(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SERVICE.
5.1 Membership Fees
You may be charged a membership fee in accordance with Thryffy prevailing listing membership rules and charges, which is:Thryffy’s listing items are entitled to 30 free listing quotas. When this quota is exceeded, a Thyrffy membership is required before your item is listed on the Thryffy marketplace. By doing so, we aim to encourage quality listings and reduce listing spam in the marketplace, making it easier for buyers to find what they want. Now that buyers can find the item they want faster, sellers benefit too!
You acknowledge and agree that:
- Thryffy does not represent or warrant that any Thryffy Fees paid or payable will lead to a like, offer, chat and by extension, sale;
- There will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms; and
- Each membership, free or paid expires after 30 days.
Thryffy is a Venue
The Services provide a venue for users to buy and sell items. Thryffy does not pre-screen users or the Content provided by a user, nor is Thryffy directly involved in transactions between users. Consequently, Thryffy has no control over, and you agree that Thryffy is not responsible or liable for, any of the following:
- The quality, safety, morality or legality of any aspect of the items listed.
- The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
- The true identity, age, nationality, or sense of humor of a user.
- Any Content posted by users.
While Thryffy endeavors to keep the Services safe for everyone, your use of the Services and your interactions with the platform to purchase from other users is entirely at your own risk.
- If the Content is in breach of these Terms.
- If Thryffy has received a complaint or notice of infringement in respect of the Content.
- If the Content is otherwise objectionable.
Thryffy may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.
7. Selling and Buying on Thryffy
In using the Services to create a listing and offer an item for sale, post a job opening and/or offer a service (as the case may be), you agree to comply with the following:
- All items must comply with these Terms and Thryffy policies.
- You must provide a fair, accurate and complete description of each item, including your price for the item.
- Each item must have its own listing.
- Your listing for an item may only include text, descriptions, graphics, images and other content relevant to the item. All Content contained in a listing must be true, complete, accurate and not misleading in any manner whatsoever.
- All items must be listed in the appropriate category.
- Any links included in your listing leads to your personal or corporate website and must not include any links to third party websites.
You acknowledge and agree that Thryffy has no control over any website/platform other than the Thryffy website/platform and shall not in any event be responsible or held liable for any expired job listing which appears on any website other than the Thryffy website or any expired job listing which is retrieved by any search engine.Without prejudice to the rest of these Terms and Thryffy ’s policies, you warrant, in respect of each job opportunity, services and/or item which you offer for sale on the Services (as the case may be), that:
- You are the owner of the item, and the item is not stolen.
- The item is not counterfeit and does not infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
- The sale of the item complies with all laws and regulations which apply to that item.
- The item is not dangerous, hazardous or subject to a recall by a government or manufacturer.
- All selection criteria stated in a job listing are clear, objective and relevant and does not refer to age, race, language, gender, marital status and religion, except where it is a Specific Attribute.
The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.All offers made and accepted through the Services are binding.If you are a seller who’s item has been accepted by a buyer’s offer for an item:
- You agree to: Ship the item in 72 hours
- Insert the tracking number into the app
- and complete the transaction with the buyer in a prompt and manner by ensuring the item listed by you is the item you are shipping.
If you are a buyer whose offer for an item has been accepted by a seller, you agree to make prompt payment to the seller for the item.In using the Services to create a listing and offer an item for sale, our services ensure users are protected while transacting on the Platform.
As a Seller/Buyer using Thryffy, you agree to comply with the following:
- To transact on the Platform and ensure that all communications in relation to any Transaction and issues raised are kept within the Platform.
- To not use Thryffy’s platform in connection with any Prohibited Items. Thryffy does not cover Prohibited Items and does not support refunds or returns for Prohibited Items.
- To raise an issue within 24 hours of (the earlier of):tracking status reflecting that the item is delivered;
- Please note that once the buyer confirms that the item has been delivered and 24 hours has passed, the order is no longer protected by Thryffy unless a dispute is open.
- When an item is sold, to send the exact product that you listed.
- When a dispute is open, provide proper evidence and detailed feedback in 48 hours.
- When selling or returning, to Ship the product in 72 hours
- When requesting the return of a product, the requester must pay for the shipping costs of the return product. For clarity, the requester shall be sole liable for the costs and charges incurred during the return of the product including delivery and ship ping charges and other applicable taxes and related costs.
- Provide the tracking number as required
- To transact through tracked delivery
- Users are required to opt for tracked delivery. Any disputes in respect of untracked mail/ damaged goods/ undelivered goods and/or items is significantly different and attempts to seek coverage and/or protection are not liable under this Thryffy agreement.
- Thryffy will not be liable for any problems that arise when the seller/buyer fails to follow and uphold such requirements above and are required to comply with the procedures and rules set out in these guidelines.
- In the event of any dispute between the Buyer or the Seller, you agree that Thyrffy will attempt in good faith to facilitate resolution of the dispute and reserves the right to deal with such disputes in such manner as it deems fit in its absolute discretion but is under no obligation to provide any recourse to the same. Thryffy also reserves the right to handle any problems in any way they see fit that is fair and good faith.
8.1 Payment Services
- Thryffy allows a buyer to make payment for purchase of an item listed on the Platform using the payment methods made available on the Platform. All payment processing services for payment methods made available on the Platform will be undertaken and facilitated by the Payment Service Providers (as defined below), and subject to or governed by their respective Additional Terms (as defined below).
All the payments that a seller has earned from selling items through Thryffy will be accepted through the seller’s Bank Account, after certain conditions have been met. such conditions include the establishment and verification of information in respect of the following by Thryffy and/or its Payment Service Providers (as defined below), using reliable and independent sources, and retention of reference documents used in such verification:
- where you are representing an Entity, the identities of all directors, partners and persons having executive authority as if such persons were themselves a user;
- your identity (as well as identity and authority of any agent and/or natural person appointed by you to act on your behalf in relation to your Account); and
- the existence of any beneficial owner in relation to your Account and if so, the identity of each such beneficial owner;
as may be required pursuant to the requirements of the relevant economic sanctions, anti-money laundering and counter-terrorism financing laws and any other applicable laws and regulations.
8.2 Shipping Service
When a buyer places an order for the item, the buyer shall choose an available delivery option specified by the platform and shall be responsible for paying the stipulated delivery fees for such delivery option. Sellers are solely responsible for delivering sold items to buyers in a timely manner via the delivery option chosen by the buyer. You acknowledge and agree that Thryffy has no control over any delivery of the items sold through the Platform, including but not limited to the delivery fees and method specified on the platform.In the event of any tracked delivery that does not arrive, a seller may be required to provide valid proof of delivery that allows Thryffy to verify that the item was dispatched to the address provided by the buyer for the specific order. In any event, Thryffy is not responsible for any delays, delivery failures, damages, or losses resulting from the Shipping Services.
8.3 Thryffy Fees
You acknowledge and agree that you may be charged card fees, success fees, commission fees, processing fees, and/or any other applicable transaction fees (collectively, the “Transaction Fees”) by Thryffy, as follows:
Buyer (Payment Fee): If you are a buyer of a transaction using our payment service provider you are required to pay a nonrefundable transactional and sales service tax fee, once your order is accepted by the platform, the Transaction Fees applicable to such order (as stipulated during your order process) shall be charged from a credit or debit card you register with Thryffy or a FPX (online banking) account you successfully connect through the Platform.
Seller (Success Fee): If you are a seller of a transaction on Thryffy, once you accept the order and commence delivery, the Transaction Fees (if any) applicable to such order (as stipulated during your order details form) Shall be deducted from the payment based on a flat fee of RM 0.85 for any items sold below RM20 or a 15% commission for any products priced RM20.01 and above to Thryffy.
When you buy using the Buy now button, through Thryffy. You have agreed to all the terms set on this terms of service. But Refunds are accepted in such cases if your order:
- Is significantly not as described, or
- Is cancelled by Thryffy, or
- Is cancelled by your seller due to inactivity after 72 hours after the order has been put.
If an item you bought is simply not your style or doesn’t fit you, unfortunately, you cannot claim a refund. But, you can upload the item to your own Thryffy wardrobe and sell it there.
If you cancel your order, or it was cancelled either by your seller or by Thryffy, you’ll be refunded. Otherwise, to claim a refund, you should press the I have an issue button within 24 hours after the item has been delivered or submit a ticket.If you consider that you received an item which is significantly not as described and you’ve pressed the I have an issue button within 24 hours, we’ll keep your payment on hold until the dispute has been resolved.If you agreed that you (the buyer) would finally keep the item, press the button “Issue resolved” in your open ticket and the payment will be released to the seller. Please note: Your order will be completed and the payment will be automatically released to the seller if you miss the above-mentioned deadlines or if you hit the I’m Happy button within 24 hours of the item’s delivery (even if the 24 hours haven’t passed at the time you pressed the button).
- If you paid by credit card, you’ll receive your refund within 7 working days.
- It may take up to 15 working days for the refund to appear in your bank account, depending on your bank.
- For FPX Online banking, you’ll receive your refund within 7 working days.
8.5 Payment Services Provider
In order to provide the Payment Services, you acknowledge that Thryffy may integrate the services provided by certain third party service providers, subcontractors, partners and/or agents who are registered with, approved or licensed by Central Bank of Malaysia (“Payment Service Providers”) into the Platform and that Payment Service Providers shall provide its payment processing services subject to their respect Additional Terms (as defined below). In order to use the Payment Services, you agree to comply with such Additional Terms (as defined below), as the same may be modified by the Payment Service Providers from time to time, and other applicable Additional Terms (as defined below).
8.5.1 Additional Terms
If you use any of the Payment and Shipping Services, you acknowledge that such services shall be subject to or governed by additional terms and conditions of third party service providers, partners, subcontractors and/or agents (“Additional Terms”). You agree to comply with such Additional Terms including the terms and conditions set out in the senangPay User Agreement (available at https://senangpay.my/terms-of-agreement)and the PayNet FPX terms and conditions (available at: https://www.mepsfpx.com.my/FPXMain/termsAndConditions.jsp), which may be modified or updated from time to time, and any other terms and conditions that may be referred to or incorporated within such Additional Terms.
8.6 Prohibited Items
Without prejudice to the generality of Clause 7, you acknowledge and agree that you shall not use the Payment Services in connection with any content, business or activities set out in the following policies https://senangpay.my/terms-of-agreement/. Thryffy reserves the right to take all steps to ensure that you do not use the Payment Services in connection with such businesses or activities. Any transactions involving any such content, businesses or activities shall be void, and you agree that Thryffy and/or its related corporations may, at its sole discretion, refund the relevant payment to the relevant party for such transactions minus any transaction, service and/or administration fees that may be charged by Thryffy and/or its service providers, subject to any laws, rules, regulations or any binding order or direction of governmental and other regulatory authorities or the courts in any relevant jurisdiction.You further agree that you are responsible for all purchases and/or sales using a Thryffy Account, including transactions which you did not authorize.
9. Disputed Transactions
if you and/or a user of our Services files a dispute through the Platform in connection with any Transactions made through Thryffy (each, a “Disputed Thryffy Transaction”) between you and the user, you agree to comply with the procedures set out in this Terms of Service.
You agree that such dispute shall be finally resolved by Thryffy which shall be binding and final, subject to any applicable laws and regulations. You agree to comply with Thryffy’s decisions and instructions in connection with such disputes. You further agree to release Thryffy and/or its related corporations from any demands, claims, actions, proceedings, suits, liabilities, damages, costs and expenses in connection with or arising out of any of your disputes with users of our Services in connection with the Disputed Thryffy Transaction.
11. Intellectual Property
You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Thryffy. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of Thryffy. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by Thryffy.
The Services may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein.
You are not authorized by Thryffy to use Thryffy trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Thryffy, which may be withheld for any or no reason.
12. Reporting Unauthorized Content
Thryffy respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorized use of your intellectual property rights by a user.Thryffy reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.
13. Suspension and Termination
Thryffy reserves the right to, at its sole discretion, and without liability:
- Suspend or terminate your Account and/or your access to the Services at any time, for any breach of these Terms, our guidelines, any additional terms and conditions and policies.
- Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.
- Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.
You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services.Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
14. No Warranty
You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
15. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.IN NO EVENT SHALL THRYFFY OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THRYFFY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THRYFFY’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY THRYFFY IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMS OR, WHERE RELEVANT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will indemnify and hold harmless Thryffy, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.
Thryffy does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device.
18. Subcontracting by Thryffy
Thryffy reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as Thryffy deems appropriate.
You and Thryffy are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention.
20. Governing Law and Jurisdiction
You hereby agree that the laws of Malaysia shall govern these Terms and that the courts of Malaysia shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.