TERMS OF USE, PROHIBITIONS AND INTELLECTUAL PROPERTY

1. In order to use our platform, your Employer will be required to create a user account and agree to the terms and conditions contained in our Collaboration Service Agreement. You will not be able to subscribe to any of our Services on our mobile app without your Employer first submitting your particulars and application to BETA LAB and KOBETA.

2. You agree that KOBETA shall have sole and absolute discretion to determine whether the Services are to be provided or otherwise be suspended or ceased by KOBETA, and KOBETA may refuse to provide any Services with justification.

3. You shall not, whether by yourself and/or through and/or by way of enabling your agents, employees, directors, shareholders, partners, representatives, affiliates and/or any other third party, reverse engineer, decompile, decode, decrypt, derive, alter, modify, amend, tamper, hack and/or create derivative works out of the mobile app, their source codes, their electronic or digital rights management components, their layouts and/or any components of the mobile app whether in whole or in part or in any combination whatsoever thereof.
4. You acknowledge and agree that the platform and mobile app contains proprietary and confidential information, material, content and intellectual property belonging to us including, but not so limited to, copyrights, designs, databases, confidential information, layouts, patents, trademarks, badges of trade, source codes, compilations, annotations, lists, data, images, and all other forms of proprietary material (hereinafter collectively referred to as the “Intellectual Property”).

5. Unless otherwise expressly stated herein, you shall not have any rights, license, consent, authorisation nor permission from us to use, copy, reproduce, make reference to, store, circulate, distribute, sell or resell, offer for sale or resale, export or re-export, import or re-import, make publicly available, alter, amend, tamper, hack, modify or otherwise exploit and/or deal with the Intellectual Property.
   

   CREATING AN ACCOUNT AND CONSENT TO COLLECTION AND/OR USE OF INFORMATION

6. In order for you to use the features of the mobile app, your Employer needs to first set up an account with us. You will be required to notify your Employer of your intention to subscribe to our Services and use our platform and furnish your personal details as required, including, your name, designation in the company, gender, email address, user name, account password, mobile phone number, addresses and bank account number.

7. You hereby agree that BETA LAB and KOBETA may collect, store, process, disclose, access, review and/or use personal data (including sensitive personal data) about you, whether obtained from you, from your Employer or from other sources in accordance with the Personal Data Protection Act 2010. You further acknowledge and agree to the Privacy Notice as published on the mobile app which may be amended by KOBETA from time to time without having to notify nor secure any approval from you and that such amendment shall be effective upon posting on the mobile app.

8. You represent and warrant that the information you submit during registration is truthful and accurate and that you will maintain the accuracy of such information at all times.

9. Your Bolt Account username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your Bolt Account.
10. We will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account If you suspect any unauthorised use of your Bolt Account, you shall immediately notify us.
11. It is your responsibility to keep your bank account details and contact details including your mobile phone number and email address up-to-date to enable us to communicate with you.
12. You agree and consent to receiving notices, announcements, advertisements and all other forms of communications from us pertaining to our platform, whether physical or electronic, via mail, email and our mobile app.
    

    SALARY ADVANCE AND DEDUCTION

13. You may submit a request through the mobile app for a salary advance, which will indicate the required sum. For the avoidance of doubt, the submission of the salary advance request is deemed to be affirmative consent by you to the Terms & Conditions set out You acknowledge and agree that KOBETA shall have the sole and absolute discretion to approve, partially approve or reject the salary advance request, without giving any reason or incurring any liability to you as a result.
14. Upon your request, KOBETA shall then assess your request and disburse your requested salary advance to your bank account provided by your Employer and registered with the mobile app or KOBETA within forty-eight (48) hours from KOBETA’s approval.
15. You acknowledge and agree that your Employer shall deduct your monthly salary with your Employer for the repayment of the salary advance including the administrative and technology processing charges set out below on a periodic basis upon terms to be agreed by you and KOBETA.

    Administrative and Processing Fee Rate: –

    No.	Advance	Administrative and Processing Fee
    1.	RM100.00 to RM200.00	RM10.00
    2.	RM300.00 to RM500.00	RM25.00
    3.	RM600.00 to RM1,500.00	RM50.00

    
    TERMINATION

16. This agreement may be terminated by either Party at any time provided such termination is carried out using the notification methods and channels provided by us to you via our mobile app.
17. This agreement will immediately terminate upon you submitting your resignation notice with your Employer or upon the termination of your employment by your Employer or upon you ceasing to be an employee of your Employer.
18. Upon termination of this agreement, you acknowledge and agree that any sum owed by you to us pursuant to the cash advance approved and transferred to you shall immediately become due and we shall be entitled to notify your Employer to deduct such sum due to us from your salary.
19. Upon the termination of this agreement, all other rights, indemnities and/or waivers accrued immediately prior to such termination, whether pursuant to this Agreement or pursuant to all other applicable laws, shall continue to be enforceable and take effect until its full discharge.
20. Upon the termination of this agreement, you shall immediately remove any and all copies of our mobile app and/or third-party software, whether in whole or in part, that is in your possession and you shall immediately cease using the same.
    

    DISCLAIMERS AND LIMITATIONS

21. We do not make any representations nor warranties whatsoever regarding the accuracy, timeliness, quality, performance, nor any aspect whatsoever of the platform, mobile app nor any third-party software to be used in conjunction with our mobile app. All such use by you is solely and fully at your own risk. Third-party software referred to above and hereinafter shall include but not limited to Apple Store and Google Play.
22. The platform, mobile app and/or third-party software is provided on an “as is” and “as available” basis with all faults and without any warranties whatsoever. To the fullest extent permitted by law, we disclaim all forms of warranties and conditions including, but not limited to, warranties and conditions in relation to, satisfactory quality, fitness for any particular purpose, quiet enjoyment as well as all other conditions and warranties whatsoever and howsoever arising, whether express or implied and whether by any applicable statutory law, by-laws, regulations or otherwise in relation to the platform, mobile app and/or third party software.
23. You acknowledge and accept that we do not make any representations nor warranties as to any interference, disturbance, interruption, disconnection and/or discontinuance with your enjoyment and/or use of the platform, mobile app and/or third-party software as well as to any error-free use of the platform, mobile app and/or third-party software.
24. You acknowledge and accept that we do not make any representations as to the digital security of our mobile app and/or third-party software including but not limited to the transmission of any viruses, bugs and/or trojans that may result from your downloading, installation, use, updating and/or restoring of our mobile app and/or third-party software.
25. You acknowledge and accept that we do not make any representations nor warranties in relation to the compliance with or non-infringement of any third-party rights with regards to the platform, mobile app and/or third-party software. You acknowledge and accept that you do not rely on any representations nor warranties from us in relation to any such third-party rights and any infringement or non-compliance of any such third-party rights by you via your use of the platform, mobile app and/or third-party software shall be at your sole risk and responsibility.
26. To the fullest extent permitted by law, in no event shall we be liable for any direct or indirect, incidental, consequential, general and/or special damages, reliance loss, expectation loss, expenses, costs and any form of damages and/or losses whatsoever and howsoever arising including, but not limited to, damages and/or losses occurring to you, any other software or applications owned by you, your personal data, and/or your personal property due to any interference, interruption, corruption or loss of data, disturbance, discontinuance, disconnection, time delays, inaccuracy, viruses, trojans, bugs, failure to transmit and/or receive data in relation to the downloading, installation, use, updating and/or restoring of the platform, mobile app and/or third party software as well as all other forms of non- performance, use or inability to use the platform, mobile app, and/or third party software whatsoever and howsoever arising.
27. Neither KOBETA and BETA LAB nor any of its Officers shall be liable or involved in contract, tort (including negligence or breach of statutory duty) or otherwise, for (i) any loss of salary, (ii) any costs, damages, penalties, sanctions or  expenses,  or  any  special,  indirect,  reputational  or consequential damages of any nature whatsoever, suffered or incurred by you as a result of or in connection with the provision of the Services.
    

    WAIVERS AND INDEMNITIES

28. In the event that your downloading, installation, use, updating and/or restoring of the platform, mobile app and/or third-party software infringes any third-party rights, you hereby agree to waive all claims against us pursuant to any such infringement. In the event that such claims are attributable to your own independent conduct, then you hereby agree as well to completely hold us harmless and indemnify us against any and all claims, suits, legal actions, prosecutions, liabilities, damages, expenses and costs that may arise out of such infringement to the extent that it is attributable to your own conduct.
    

    GENERAL

29. You agree that no delay nor inaction on our part to enforce any of our rights pursuant to this Terms & Conditions or pursuant to all other applicable laws shall be construed as any form of waiver on our part.
30. All sums are in Ringgit Malaysia (RM). Applicable taxes will be included where it is indicated.
31. Where any term or terms herein is found to be invalid or illegal at any time, the parties agree that such invalid or illegal term(s) shall be severed from this Terms & Conditions as if it was never a part of this Terms & Conditions and the remainder of all other terms herein shall continue to be in force and binding between the parties.
32. You shall not assign or transfer your rights or obligations herein without the prior written consent from us.
33. This Terms & Conditions shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the exclusive jurisdiction of the Courts of Malaysia.