Terms of Use

  1. These Term and Conditions (“Terms and Conditions”) shall apply to all Users of the 365DAY’s platform and/or any other website owned and operated by 365DAY.
  2. By accessing, using, or continuing to access and use the Platform, the User acknowledges and confirms that he has read, understood and agreed to be bound by these Terms and Conditions regardless of whether the User is a registered member of the Platform.
  3. Please read these Terms and Conditions carefully before using the Platform. If the User violates any of these Terms and Conditions (which include 365DAY’s Privacy Policy, available on the Platform), or otherwise violate any agreement between the User and 365DAY, or 365DAY believes or has reason to believe that there is a breach or possible breach of these Terms and Conditions by the User or any agreement between the User and 365DAY, or any agreement between 365DAY (including its related companies) and third parties, 365DAY may terminate the User’s membership, delete the User’s profile and any content or information that the User has posted on the Platform and/or prohibit the User from using or accessing the Platform (or any portion, aspect or feature thereof), at any time in its sole discretion, with or without notice.
  4. 365DAY reserves the right, at its sole discretion, to amend or replace these Terms and Conditions by posting the updated terms on the Platform. It is the User’s responsibility to check the updated Terms and Conditions periodically for changes. The continued use of the Platform following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.
  5. 365DAY reserves the right to change, suspend, or discontinue the Platform (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. 365DAY may also impose limits on certain features and services or restrict the User’s access to parts or all of the Platform without notice or liability.
  6. In addition to these Terms and Conditions, the User may enter into other agreements with 365DAY or others that will govern the User’s use of the Platform. If there is any contradiction between these Terms and Conditions and another agreement the User enter into applicable to specific aspects of the services provided on the Platform, the other agreement shall govern the subject matter to which it applies to the extent of the contradiction.
  1. DEFINITION AND INTERPRETATION
  • Unless the context otherwise requires, the following words shall have the following meanings assigned to it:

“Business Days”  – means a day (excluding Saturdays, Sundays and public holidays) on which banks are open in Kota Kinabalu for the transaction of normal banking business;

“365DAY” – means VSI NETWORK Sdn. Bhd. (Company No. 970105A), being the owner and operator of the Platform; 

“Campaign” – in respect of a particular campaign, means the offer of a project of a Project Creator on the Platform for contributions/pledges by Backers/Pledgers;

“Backer/Pledger” – means a person who contributes/pledges in any Campaign on the Platform;

“Project Creator” – means a person who has been approved by 365DAY to be listed on the Platform as a Project Creator;

“Rewards” – means the rewards prepared by the Project Creator in return to the Backers/Pledgers for contributing/pledging in the Campaign on the Platform; 

“Platform”- means 365DAY’s Reward Crowdfunding Platform at www.365day.co/cf and any subdomain thereof operated by 365DAY; 

“User”- means any person who browses, visits, access and/or uses the Platform, whether active, semi-active or inactive user, and includes the Project Creator and the Backer/Pledger, and “Users” means any two or more of them;

  • Any reference to a statutory provision shall include such provision and any regulations made in pursuance thereof as from time to time modified, amended, replaced or re-enacted whether before, on or after the date of these Terms. Any reference to any “law”shall include common law applicable in Malaysia and the provisions of statutes, regulations, orders and other subsidiary legislation issued pursuant to such statute, as well as directions, guidelines and circulars issued by any regulatory authority pursuant to any authority granted by any such statute.
  • Unless the context otherwise requires or permits, references to the singular number shall include references to the plural and vice versa, references to a particular gender shall include all genders, and references to natural persons shall include bodies corporate and vice versa.
  • Any reference to a “day”“week”“month”or “year” is to that day, week, month or year in accordance with the Gregorian calendar.
  • The headings are inserted for convenience only and shall not affect the construction of these Terms and Conditions.
  • The expression 365DAY”and “User” shall, where the context permits, include their respective successors, personal representatives and permitted assigns.
  • Where a word or phrase is given a defined meaning in these Terms and Conditions, any other part of speech or other grammatical form in respect of such word or phrase has a corresponding meaning.
  • Any reference to “these Terms and Conditions”is a reference to these 365DAY Terms and Conditions and any written amendments, supplementals or novations of these Terms and Conditions from time to time, and includes a reference to any document which amends, waives, is supplemental to or novates the terms of these Terms and Conditions.
  • Any reference to “writing”, or cognate expressions, includes any communication effected via the Platform, electronic mail, telex, cable, facsimile transmission or other comparable means but shall not include short messaging services, instant messaging services or internet chat.
  • Any reference to “person”includes individual, partnership, association, company or corporation.
  • No rule of construction applies to the disadvantage of a party because the party was responsible for the preparation of these Terms and Conditions or any part of it.
  1. ELIGIBILITY
  • This Platform is intended solely for Users:
  • in the case of individual Users, who are of full age and of sound mind, and any registration by, use of or access to the Platform by anyone under 18 years of age is void, unauthorised, unlicensed and in violation of these Terms and Conditions. By using the Platform, the User represents and warrants that the User is of full age and of sound mind, and that the User agrees to and to abide by all of the terms and conditions herein; and
  • in the case of corporate Users, the User represents that it is a legal entity duly incorporated in accordance with the laws of the place of its incorporation, and have full power, authority and legal right to use and access the Platform, and the User agrees to and abide by all the terms and conditions herein.
  1. LIMITATIONS OF SERVICE
  • The services offered by 365DAY on the Platform are rewards crowdfunding and are in accordance with the applicable laws. 365DAY does not run any equity crowdfunding and is not a registered broker, venture capital fund, or investment advisor and does not conduct any activity that would require such registration.
  • 365DAY does not provide any advice (including but not limited to investment, legal, taxation or other advice) with respect to any aspect of the transactions conducted through the Platform, other than advice on the technical use of the Platform. Nothing on the Platform or any communications sent to the Users shall constitute or is intended to constitute advice
  • Contributions/Pledges’ overviews on the Platform contain summaries of the purpose and principal terms of the Campaigns. Such summaries are intended for informational purposes only and do not purport to be complete, and each is qualified in its entirety by reference to the more detailed information contained in the Rewards package relating to such Campaigns.
  • 365DAY, by allowing a Project Creator to list on the Platform and to carry out the fund raising, makes no representation and warranty on the credit worthiness of the Project Creator and viability of any Campaigns. 365DAY also makes no representation and warranty as to the truthfulness, accuracy and completeness of all information and documents about the Project Creator, the Campaigns and the Rewards on the Platform. Potential Backers/Pledgers shall evaluate the risk of the Project on their own before making any contribution/pledge on the Platform.
  1. RULES AND CONDUCT
  • The User agrees to use the Platform only for purposes that are legal, proper and in accordance with these Terms and Conditions and any applicable law, rules or regulations. The User shall not:
  • use the Platform in any manner that could damage, disable, overburden, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform;
  • attempt to gain unauthorized access to the Platform, or the computer systems or networks connected to the Platform through hacking, password mining or any other means;
  • create user accounts by automated means or under false or fraudulent pretences;
  • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature to or through the Platform;
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • upload, post, email or transmit, or otherwise make available through the Platform any inappropriate, defamatory, infringing, obscene, or unlawful content;
  • upload, post, email or transmit, or otherwise make available through the Platform any content that infringes any patent, trademark, copyright, trade secret or other intellectual or proprietary right of any person, unless the User is the owner of such rights or have the permission of the owner to post such content;
  • upload, post, email or transmit, or otherwise make available through the Platform any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law or these Terms and Conditions;
  • run any form of auto-responder or “spam”on the Platform;
  • use manual or automated software, devices, or other processes to “crawl”or “spider” any page of the Platform, including to engage in the practices of “screen scraping”“database scraping” or any other activity with the purpose of obtaining content or other information;
  • interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform, including to utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over the Platform’s pages, or otherwise affect the display of the Platform’s pages;
  • download any file posted by another User that the User knows, or reasonably should know, cannot be legally distributed in such manner;
  • impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
  • remove any copyright, trademark or other proprietary rights notices contained in or on the Platform;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or collect information about its Users for any unauthorized purpose;
  • submit content that falsely expresses or implies that such content is sponsored or endorsed by 365DAY, any of its affiliates or any third parties;
  • use the Platform for any illegal or unauthorized purpose (including, without limitation, in violation of any Malaysian laws or regulations, any anti-money laundering laws, or self-regulatory organization’s rules or regulations, or equivalent laws or regulations in foreign jurisdictions);
  • promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
  • share or disclose with anyone any information intended to be of confidential nature obtained through the Platform about any Campaigns or any Users;
  • share or disclose with anyone any information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information obtained from the Platform that may be used to track, contact or impersonate that individual; and
  • contact any Project Creator or Backer/Pledger or other parties involved in the transactions posted on the Platform directly or to attempt to enter into any such transaction with such persons or entities outside of the Platform.
  1. REGISTRATION AND ACCOUNT SECURITY
  • In consideration of the User’s registration with the Platform, the User agrees to:
  • provide true, accurate, current and complete information about the User as may be prompted by any registration forms on the Platform (“Registration Data”);
  • maintain and safeguard the security of the User’s login details to login and access the Platform;
  • not to misuse the Platform to the detriment of 365DAY and the Platform;
  • not to share the User’s password with any third party that may jeopardize the security of the User’s account;
  • ensure that only the User and the User’s authorised agents shall have access to the Platform using the User’s login details;
  • keep the Registration Data accurate and up-to-date; and
  • be fully responsible for all use of the User’s account and for any actions that take place using the User’s account.
  • Any access to the Platform by using the User’s IP address or account shall be deemed to have been made by the User. The User shall be responsible for all information and activities carried out on the Platform by anyone using the User’s IP address or account. The User shall immediately notify 365DAY in writing of any breach of security, loss, theft or unauthorised use of the IP address or account of the User.
  • The User shall only use and access the Platform for the purposes contemplated by these Terms and Conditions and the 365DAY’s Terms and for no other purposes, and the User hereby agrees not to adapt or circumvent the systems in place in connection with the Platform, nor access the Platform for any unauthorised, malicious, illegal or fraudulent purpose. 365DAY reserves the right at its sole discretion not to act on any instructions received from the User where 365DAY in its reasonable opinion, suspects any unauthorised, malicious, illegal or fraudulent activity.
  • 365DAY reserves the right at its sole discretion, at any time and from time to time, to prevent, stop and/or disallow by any means, any User to continue using the Platform without assigning any reason whatsoever, and/or to revoke the registration status and deactivate the account of the User from the Platform.
  • The revocation of the status of the User under these Terms and Conditions shall not result in a termination of any contract or other agreement to which the User is a party at that time.
  1. PLATFORM CONTENT
  • 365DAY is the proprietary of all contents listed on the Platform, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (“Platform Content”) with all rights reserved. No Platform Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without 365DAY’s prior written permission, except that, if the User is eligible for the use of the Platform, the User is granted a limited, non-exclusive, non-transferable and revocable license to access and use the Platform and to download or print a copy of any portion of the Platform Content solely for the User’s personal use, provided that the User shall keep such portions confidential and all copyright or other proprietary notices intact.
  • The User shall not republish the Platform Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Platform Content is strictly prohibited. Any use of the Platform or the Platform Content other than as specifically authorized herein, without the prior written permission of 365DAY, is strictly prohibited. Any unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.
  1. LINKED PLATFORMS
  • The Platform may contain links to third party websites or resources (“Linked Sites”). The inclusion of the other website of any Linked Site does not imply endorsement by or affiliation with 365DAY. In no event shall 365DAY be responsible for the information contained on any Linked Site or the User’s use of or inability to use any Linked Site. 365DAY is not liable for the contents, functions, accuracy, legality, appropriateness, or any other aspects of the Linked Site. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at the User’s own risk and discretion. The User’s access and use of the Linked Sites are governed by the terms of use and privacy policies of such Linked Sites, and 365DAY encourages the User to carefully review all such terms and policies.
  1. USER CONTENT
  • The Platform may allow the User and other users to submit, post, transmit and share content with other Users. The User are solely responsible for any such content (which may include photos, profiles, messages, notes, text, information, music, video, contact information for the User or others, advertisements or other content) that the User upload, publish, provide or display (hereinafter, “post”) on or through the Platform, or transmit to or share with other Users (collectively, the “User Content”). The User understands and agrees that 365DAY may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation, User Content that in the sole judgment of 365DAY violates these Terms and Conditions, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, Users or others.
  • By posting User Content to any part of the Platform, the User automatically grants, and the User represents and warrants that the User have the right to grant, to 365DAY an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Platform or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. The User may remove the User’s User Content from the Platform at any time. If the User chooses to remove the User’s User Content, the license granted above shall continue to exist and shall not expire.
  • The User may view personal information posted by other Users on the Platform, but the User are not authorized to disclose or otherwise use such information for any purpose other than assessing the credit/trustworthiness of such other Users.
  1. CONTACT
  • 365DAY may be contacted at the following contact details:
    • VSI NETWORK Sdn. Bhd. (Company No. 970105A)
    • Address: Unit No. S-2-22, Block E, 2nd Floor, City Mall, Lorong City Mall, Jalan Lintas, 88300 Kota Kinabalu, Sabah, Malaysia.
    • Or by email to: bt@365day.co
  1. FEES AND PAYMENTS
  • No joining fee is required when the User registers to use the Platform. When the User uses a service that requires payment of certain fees, the User shall be given an opportunity to review and accept the fees that he will be charged. Any changes to fees will be notified to the User by posting the changes on the Platform.
  • For Project Creator who intends to create a Campaign in the Platform, 365DAY shall charge a service fee of ten per centum (10%) from the fund raised plus Six per centum (6%) of Goods and Services Tax (“GST”).
  • In the event a Campaign does not meet its targeted fund within the prescribed period of time, 365DAY shall refund the contribution/pledge contributed/pledged to the Backers/Pledgers.
  • Since 365DAY operates on Internet, the Users shall consent to transact with 365DAY or its affiliate (or a third party servicer) online and electronically. 365DAY’s affiliate (or a third party servicer) may receive payments, and makes all disbursements, through certified check, online transfer or electronic funds transfers using the bank (or other financial institution) account information provided by the User. For any third party payment, 365DAY shall not be held responsible for any third party payments.
  • Backers/Pledgers shall authorise such bank or other financial account to pay any amounts the Backers/Pledgers agree to contribute/pledge, and authorize 365DAY (or any such third-party servicer) to make any and all the contribution/pledge, to such account in the event refund is necessary.
  • The Users agree to provide 365DAY updated information regarding the Users’ bank or other account upon 365DAY’s request and at any time that the information earlier provided is no longer valid.
  • iBiLL.my refund policy:
    • Online Banking: Each transaction is subject to RM1.80 administration charge
    • Credit Card: Each transaction is subject to 1.5% charges + RM1 administration charge
    • Charges on the refund will be deducted from total transacted amount. Processing time for each refund will take up to 1 month.
  • Online Banking: Each transaction is subject to RM1.80 administration charge
  • Credit Card: Each transaction is subject to 1.5% charges + RM1 administration charge
  • Charges on the refund will be deducted from total transacted amount. Processing time for each refund will take up to 1 month.
  1. PRIVACY
  • Please refer to our Privacy Policy. By using the Platform, the User hereby acknowledges and consents to our Privacy Policy.
  1. FORCE MAJEURE
  • 365DAY shall not be held liable to any person and shall not be deemed to be in breach of these Terms and Conditions by reason of any delay in performing or failure to perform any of its obligations under these Terms if the delay or failure was caused by an event of force majeure.
  • Without prejudice to the generality of the foregoing provision, force majeure shall include but not limited to the following:
  • act of God, including but not limited to fires, explosions, earthquakes, drought, tidal waves and floods, or accident;
  • war, threat of war, act of terrorism or threat of terrorism, sabotage, insurrection, civil disturbance or requisition;
  • restrictions imposed by any law, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority;
  • interruption of traffic, strikes, lock-outs, or other industrial actions or trade disputes (whether involving the employees of 365DAY or third party);
  • breakdown of internet services for any reason whatsoever, save for the willful misconduct of 365DAY;
  • other unforeseeable circumstances beyond the control of the ECF Operator against which it would have been unreasonable for the ECF Operator to take precautions and which the ECF Operator cannot avoid even by using its best efforts.
  • Upon the occurrence of any force majeure event, the performance of 365DAY’s obligations under these Terms and Conditions shall be suspended during that period of force majeure and 365DAY shall be granted an extension of time for performance equal to the period of delay.
  1. RISK WARNINGS
  • The Users, especially the Backers/Pledgers, acknowledge and consent that they are aware of the following:
  • the Project Creator’s Campaign may not proceed as planned, and may fail, and that the Backers/Pledgers may lose all or part of his contributions/pledges;
  • there is no guarantee that the Campaign of the Project Creator will succeed;
  • there is no guarantee as to the Rewards offered by the Project Creator;
  • The Users hereby acknowledge and agree that 365DAY shall not, at any time, be held liable to the Users in the event of any losses or damages suffered by the Backers/Pledgers as a result of contributing/pledging to the Project Creator’s Campaign.
  1. COMPLAINTS
  • In the event the User has any complaints in relation to the Platform, the User may report it to 365DAY at the contact details provided in Clause 10 hereinabove mentioned, and 365DAY shall respond to the complaints within 7 Business Days upon receipt of the complaints. 365DAY reserves the right at its discretion to carry any investigation in accordance with its internal policies and procedures.
  • The User shall provide any information or documents upon request by 365DAY in order to assist 365DAY in respect of its investigation in Clause 15.1.
  1. DISCLAIMERS
  • 365DAY does not guarantee the accuracy of any User Content or content provided by third parties (“Third Party Content”).
  • 365DAY is not a party to any agreement between any Project Creator and any backer/Pledger. 365DAY’s role is strictly limited to providing the Platform and to facilitate the Campaign.
  • Notwithstanding the rules for User’s conduct and postings, 365DAY does not control and is not responsible for what the Users post on the Platform and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content the User may encounter on the Platform or in connection with any User Content or Third Party Content. 365DAY is not responsible for the conduct, whether online or offline, of any User of the Platform.
  • 365DAY shall not be responsible or liable for the content or accuracy of any information or material downloaded or posted by the Users nor shall 365DAY be obliged to edit the content downloaded or posted on the Platform, however 365DAY shall retain the right to remove any material or posting made on the Platform at its absolute discretion.
  • 365DAY cannot guarantee and do not promise any specific results relating to any Campaigns from the use of the Platform.
  • 365DAY does not warrant the use of and access to the Platform will be uninterrupted, error free or free of computer viruses or computer bugs or that defects will be corrected, or give any warranty as to their functionality, accuracy or reliability. The Platform may be temporarily unavailable from time to time for maintenance or other reasons. 365DAY assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communications. 365DAY is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Platform or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Platform or Service.
  • Under no circumstances shall 365DAY be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Platform, any User Content or Third Party Content posted on or through the Platform or transmitted to Users, or any interactions between Users of the Platform, whether online or offline. No part of this Platform is intended to constitute advice, and any User Content or Third Party Content should not be relied upon when making any decisions or taking any action of any kind.
  • 365DAY reserves the right to change any and all content contained in the Platform and any services offered through the Platform at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by 365DAY.
  1. INTELLECTUAL PROPERTY
  • The Users, especially the Project Creators, acknowledge and consent that they are aware of the following:
  • 365DAY shall not claim any ownership rights over the projects or Campaigns.
  • For purpose of introducing and marketing of a Campaign, a Project Creator shall grant 365DAY non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit the Project Creator’s project and/or Campaigns and the trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with the Campaign.
  • To permit 365DAY to promote, market, and redistribute part or all of the Campaigns (and derivative works thereof) in any media formats and through any media channels (including, but not limited to any third-party websites);
  • To permit 365DAY to take any reasonable action that is required to perform and market the Campaign;
  • To allow other Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the Project Creator’s submission and Trademarks in connection with the Campaign solely for personal and non-commercial use;
  • Project Creator who publishes his submission in relation to the campaign may be identified publicly by his name or User ID;
  • Project Creator’s Campaign shall not contain any third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless permission from the rightful owner of the material is permitted or the Project Creator is otherwise legally entitled to post the material and to grant 365DAY with all of the license rights granted herein.
  • The use or other exploitation of the Project Creator’s submission by 365DAY and other Users as contemplated by this Terms and Conditions shall not infringe or violate the rights of any third party, including but not limited to any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
  • 365DAY shall have the right to delete, edit, modify, reformat, excerpt, or translate any of the Project Creator’s submissions.
  • All information publicly posted or privately transmitted through the Platform is the sole responsibility of the person from which that content originated.
  • 365DAY shall not be held liable for any errors or omissions in any Content.
  1. COPYRIGHT NOTIFICATIONS
  • 365DAY shall remove any infringing materials in accordance with the Copyright Act 1987 if properly notified that the content infringes copyright.
  • Any copyright infringement can be notified in writing to
  • Any material that is removed or disabled by mistake or misidentification can be notified in writing to 365DAY.
  • Failure to comply with these notice requirements may result in any notification or counter-notification invalid. 365DAY shall not be held liable in such scenario.
  1. INDEMNITY
  • The User agrees to indemnify and hold 365DAY, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, employees and representatives, harmless from and against any loss, liability, claim, demand, damages, penalties, fines, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with the User’s use of the Platform, the User’s conduct in connection with the Platform or with other Users of the Platform, or any violation of these Terms and Conditions, or of any law or the rights of any third party, any of the User’s User Content, and any Third Party Content the User post or share on or through the Platform.
  1. GENERAL
  • Nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship between the parties. No party has authority to enter into agreements of any kind on behalf of the other party.
  • No failure on the part of any party to exercise and no delay on the part of any party in exercising any right hereunder will operate as a release or waiver thereof, nor will any single or partial exercise of any right under these Terms preclude any other or further exercise of it.
  • No remedy conferred by any of the provisions of these Terms is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by any of the parties shall not constitute a waiver by such party of the right to pursue any other available remedies.
  • The communications between 365DAY and the User shall be made through the Platform, or mailed, personally delivered, faxed or emailed to the recipient at the current address held in 365DAY’s record.
  • These Terms and Conditions shall be binding upon the respective successors-in-title and permitted assigns of the parties. The User shall not assign or transfer its rights, title, interests and benefits under these Terms or any of its liabilities and obligations hereunder without the prior written consent of 365DAY.
  • If any provision of these Terms or part thereof is or may become under any written law, or is found by any court or administrative body or competent jurisdiction to be illegal, void, invalid, prohibited or unenforceable then:
  • such provision or part thereof shall be read down or severed only to the extent of such illegality, voidness, invalidity, prohibition or unenforceability;
  • the illegality, voidness, invalidity, prohibition or unenforceability of any provision or part thereof in any jurisdiction shall not affect the legality, validity or enforceability of any other provision or of that provision in any other jurisdiction, and the remaining provisions of these Terms shall remain in full force and effect; and
  • the parties shall use their respective best endeavours to negotiate and agree on a substitute provision which is valid and enforceable and achieves to the greatest extent possible the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.
  • The Parties hereby agree that the provisions contained in this Terms and Conditions and other terms and conditions as may be formulated by 365DAY from time to time shall constitute the entire agreement between the parties in respect of the subject matter herein and supersede all previous memoranda, expectations, understandings, communications, representations and agreements whether oral or written between them in respect of the subject matter hereof.
  • These Terms shall be governed by and construed in accordance with the laws of Malaysia.