TERMS OF USE

Welcome to Rtist.com.my. Our company, Zeroo Sdn Bhd, is incorporated in Malaysia, with the company registration number (1141266-V). By using our site, you indicate that you accept the following terms and conditions and the referenced policies, and that you agree to abide by them.

T&Cs last modified: Oct 22, 2018.

SECTION 1 - ACCEPTANCE OF TERMS

Rtist provides the Services, including the use of this website (as defined below) to you, subject to the following Terms of Use, which may be updated by us in our sole discretion from time to time, with, or without notice to you. You are deemed to be bound by, any changes to the Terms of Use. You agree that your continued use of the Service after such update will constitute your acceptance of, and agreement to, be bound by the updated Terms of Use. You can review the most current version of the Terms of Use at any time at www.Rtist.com.my.

In addition, when using our Services or the website, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. In most cases, the guidelines and rules are specific to a part of the service, and will assist you in applying the Terms of Use to that part, but to the extent of any inconsistencies between the Terms of Use and any guideline or rule, the Terms of Use will prevail.

SECTION 2 - DESCRIPTION OF SERVICE

We provide users with access, and use of materials and contents on Rtist.com.my through our network of properties, which may be accessed through any medium or device, now known or certain communications from us, such as service announcements, administrative messages and newsletters. Unless explicitly stated otherwise, any new features that augment or enhance the current website shall be subject to the Terms of Use. You understand and agree that our website takes no responsibility for the timeliness, deletion, delivery or failure to store any user communications or personalization settings.

SECTION 3 - YOUR REGISTRATION OBLIGATIONS

To access the full Rtist website, users have to register for an account, provide accurate, current and complete information, and keep their account information updated. If you provide any information that is false, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete, we reserve the rights to suspend or terminate your account and refuse all current or future use of the Service (or any portion thereof). We provide users with access to some parts of the Service without your registration as a user. In consideration of your usage of www.Rtist.com.my, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Malaysia or another applicable jurisdiction.

SECTION 4 - PROHIBITED SITE USE

The uses described in these Terms are prohibited, regardless of where on the Site they occur. For example, the activities are prohibited in job posts, proposals, communications/disputes or feedback.

Illegal, Fraudulent, Harmful, or Offensive Uses

You may not use, encourage, promote, facilitate, instruct or induce others to use, the Site or Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal, fraudulent, harmful, or offensive purpose; or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.

Examples of prohibited uses of the Site or Site Services include:

  1. Seeking, offering, or endorsing illegal, obscene, or pornographic services or activities, including services (i) that would violate the intellectual property rights, including copyrights, of another person, entity, service, product, or website or (ii) that would involve the creation, review, or editing of pornographic, erotic, obscene, or sexually explicit material;
  2. Posting content that is offensive, defamatory, profane, vulgar, obscene, threatening, discriminatory, illegal, pornographic, obscene or sexually explicit in nature;
  3. Seeking, offering, or endorsing any services that would violate Rtist’s Terms of Service or the terms of service of another website or any other contractual obligations;
  4. Seeking, offering, or endorsing any services that violate the academic policies of any educational institution;
  5. Fraudulently billing or attempting to fraudulently bill any Client.
  6. Expressing a preference in a job post or proposal or otherwise unlawfully discriminating on the basis of race, religion, colour, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military/veteran status or any basis protected by applicable law;
  7. Posting content that is harassing towards another person or violates the rights of a third party;
  8. Posting identifying information concerning another person;
  9. Making or demanding bribes;
  10. Making or demanding payments without the intention of providing or receiving services in exchange for the payment;
  11. Spamming other Users;
  12. Using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission, or collecting or harvesting any personally identifiable information, including Account names, from the Site; and
  13. Engaging in any conduct that is reasonably likely to, or that is intended to harm the Site, including (i) imposing an unreasonable or disproportionately large load (in our sole discretion) on the Site’s infrastructure; (ii) interfering or attempting to interfere with the proper operation of the Site, or Site Services or any activities conducted on the Site; (iii) bypassing any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; or (iv) attempting to interfere with, or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site.
Using the Site Other than For the Intended Purposes

Rtist makes the Site and Services available for Clients and Creative Talents to find one another and enter into service relationships. Users are expected to use the Site and Services for their intended purposes, and Users may not use the Site and Services in contravention of their intended purposes. The following are examples of prohibited use of the Site:

  1. Offering services for the sole purpose of obtaining positive feedback of any kind;
  2. Requesting, demanding, or receiving free services, including requesting creative talent to submit work as part of the proposal
  3. Employ with very little or no money, or posting contests in which creative talents submit work with no or very little pay, and only the
  4. winning submission is paid the full amount;
  5. Requesting a fee before allowing another User to submit a proposal;
  6. Posting the same job multiple times so that more than one version remains active at a given time;
  7. Withholding payment or Work Product, or engaging in any other conduct for the purpose of obtaining positive feedback from another User;
  8. Attempting to falsify, manipulate, or coerce another User by threatening to give negative feedback;
  9. Misusing the feedback feature to express views unrelated to the work, such as political, religious, or social commentary;
  10. Duplicating or sharing accounts;
  11. Selling, trading, or giving an account to another person without Rtist’s consent;
  12. Sharing or soliciting contact information such as email, phone number, or Skype ID in a profile or job post;
  13. Advertising products or services that are outside, or beyond the scope of the Rtist marketplace; and
  14. Advertising on Rtist to recruit creative talents to join another website or company.
Using the Site to Post False or Misleading Content

All profiles, jobs, proposals, and other content posted to the Site must be truthful and not misleading. Here are examples of prohibited uses:

  1. Misrepresenting a creative talent’s experience, skills, or information;
  2. Allowing another person to use your account, which is misleading to other Users;
  3. Falsely stating or implying a relationship with Rtist or with another company with whom you do not have a relationship;
  4. Falsely stating or implying a relationship with another User, including an Agency continuing to use a creative talent’s profile or information after the creative talent no longer works with the Agency; and
  5. Falsely stating that one creative talent will perform the work on a job when another will in fact perform the work, including submitting a proposal or applying for Jobs on behalf of a creative talent who is unable, unwilling, or unavailable to do the work.

SECTION 5 - PRIVACY POLICY

Personal Data Protection Notice & Privacy Policy

For purposes of this document, the expression “personal data” shall bear the meaning as defined by the Personal Data Protection Act 2010 (“PDPA”, and includes “sensitive personal data” - as also defined by the PDPA).

Where applicable, and in relation to any personal data that may have been, or may from time to time hereafter be provided by, or on behalf of such provider of personal data and/or obtained independently by the company from other lawful sources (if any), in connection with a commercial transaction:

The data provider covenants that the provider of such personal data has acknowledged, confirmed and consented to the company.

The data provider hereby acknowledges, confirms and consents to the company collecting, recording, holding, storing, using, dealing with and otherwise processing such personal data, for any of the following purposes:

  1. for the company’s record-keeping in the ordinary course of its business;
  2. in all matters pertaining to the contract to be entered into, or entered into with the company, including without limitation:
    1. for the company to communicate with the data provider.
    2. for solicitors to prepare the agreements and to communicate with the data provider.
    3. for provision of information to relevant authorities and service providers in particular (but not limited to) for the purpose of facilitating the provision of utilities and services, or as otherwise required/permitted by law or the authorised utilities/service providers(d) for notification (and convening of) meetings, invoices and other documents as the law may require or permit.
  3. to administer and give effect to the commercial transaction and the management and/or enforcement thereof, and to contact and communicate with the data provider and/or the organization and/or such other persons or companies as represented by the data provider;
  4. to contact and provide the data provider and/or the organisation and/or such other persons or companies represented by the data provider information regarding products, services, new launches, upcoming events, promotions, advertising, marketing and commercial materials (including emails, SMS or other means) and such other information as the company feels may be of interest to the data provider;
  5. to be used in, to provide and/or to improve the services of the company, analysing consumption patterns and choices, market surveys, processing invoices and payments (including card payments) and providing other services to enhance and support the relationship of the data provider and/or the organization and/or such other persons or companies represented by the data provider;
  6. to enable the company’s compliance with its obligations under any law, rule, regulation, by-law, order, guideline, directive, policy and such other requirements in force, and as amended from time to time relating to the commercial transaction and/or relating to the conduct of the business or activities of the company. The data provider, the organization and/or such other persons or companies represented by the data provider respectively referred to above, further acknowledge that information given or the request made by the data provider and/or the organisation and/or such other persons or companies represented by the data provider leading to the provision of any personal data is sufficient, accurate, complete and not misleading, and that such personal data is provided voluntarily and is necessary for the purposes set out above. Where the data provider provides any personal data for or on behalf of another, the data provider covenants that he has obtained the consent of such other and that the personal data is given voluntarily, accurately and is complete; failing which the data provider shall indemnify the company against any claims from such other person. Please be informed that apart from the personal data which you have provided to us, we may also collect such data from other sources, for example, through our media launches which you may have been invited to, or participation in our campaigns where you are required to provide personal data about yourself and other parties, like your family members. If you do not wish for any part of your personal data to be used by us, you will be required to notify us of this immediately.

Where personal data is requested, the data provider, the organization or such other persons or companies represented by the data provider has the option not to provide additional information requested, other than the information which the company has indicated as necessary to facilitate the commercial transaction. If data provider does not complete the required fields for itself, or on behalf of the organization or such other persons or companies represented by the data provider as the case may be, the company will not be able to offer the services and/or fulfil the request of data provider and/or the organization and/or such other persons or companies represented by the data provider.

In connection with the purposes above, the company is hereby permitted to disclose such personal data to the relevant authorities, the company’s successor in interest, sponsors, advertisers, solicitors, insurers, adjusters, other advisers, suppliers, contractors and/or service providers, and the company’s parent company, group of companies, related and associated companies, affiliates and partners, some of whom may be outside Malaysia, who may undertake administrative, management and operational functions for or on behalf of the company in respect of or arising from the commercial transaction or to support sales, marketing, promotion and/or advertising efforts.

In the event of a sale of business, disposal, acquisition, merger or reorganisation involving the company or the assets of the company to another party, personal data may be required to be disclosed and/or transferred to the other party as part of the process of sale, disposal, acquisition, merger or reorganisation. The data provider acknowledges and covenants that the provider of such personal data has acknowledged, confirmed and consented to the company that such disclosure and transfer may occur and hereby permit the company to release the personal data to the other party and its advisers and representatives and that the other party has the provider’s consent to process such personal data.

The data provider shall notify the company in writing of any change in any personal data provided. The data provider may request in writing for access to, and to request for correction of personal data in accordance with the PDPA. In the event of such request, or if the provider of such personal data has an inquiry or complaint in respect of the company’s handling of such personal data, the provider can contact the company. However, we fully reserve our rights to deny your access to, or to correct your personal data, for reasons permitted by the applicable law.

Transfer of Personal Data

Your personal data may from time to time be transferred to, stored, used and processed by us in places other than Malaysia. This is because some of our digital storage facilities and servers may be located in such other places.

In addition to the above, your personal data may also be transferred out of Malaysia to third parties, and you hereby consent to the transfer of your personal data out of Malaysia.

To opt out of receiving email from us if you no longer wish to receive emails from us, simply click on the unsubscribe link included in every email.

SECTION 6 - CONDUCT

You understand that all content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. We bear no responsibility for the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that may be construed or regarded as offensive, indecent, fraudulent, objectionable, inaccurate, defamatory or erroneous. Under no circumstances will we or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be, be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent, fraudulent, defamatory or objectionable Content, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to:

  1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, subversive, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
  2. Harm minors in any way;
  3. Impersonate any person or entity, including, but not limited to, our servant, agent, employee or official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law, or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  7. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
  8. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
  10. Interfere with, or disrupt the Service or another person's use of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  11. Intentionally or unintentionally violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange ;
  12. "Stalk" or otherwise harass another;
  13. Commit any fraudulent or unlawful act, whether in relation to any third party provider of products and services on the Service or otherwise and/or
  14. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.
  15. To cache, hyperlink to, and frame the whole or any part of any websites comprised of in the Service, save with our prior written permission.

We reserve all our rights to disable any links to any other website in our sole absolute discretion. You acknowledge that we may or may not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any Content that is available via the Service. Without limiting the foregoing, we and our designees shall have the right to remove any Content (whether or not provided by you) that we believe in good faith violates the Terms of Use or that has been alleged to infringe any intellectual property, or that is otherwise objectionable in our sole opinion, without being liable to you in any way for any loss or damage arising from such removal. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us, including without limitation of information in all parts of the Service.

You acknowledge, consent and agree that we may in our sole discretion access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

  1. comply with legal process
  2. enforce the Terms of Use
  3. respond to claims that any Content violates the rights of third parties
  4. respond to your requests for customer service
  5. protect our rights, property or personal safety as well as those of our users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by us and our content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

SECTION 7 - SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

SECTION 8 - CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

With regard to the Contents which you submit or make available for inclusion on the Service, you agree to grant us, and we hereby accept a worldwide, perpetual, irrevocable, sub-licensable, royalty-free, transferable and exclusive license(s), to use, distribute, reproduce, modify, adapt, publish, broadcast, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in print and/or in any other format or medium now known or later developed.

In this connection, Content includes the following non-exhaustive items: information, data, text, software, music, sound, photographs, graphics, video, messages, tags, links or other materials.

SECTION 9 - CONTRIBUTIONS

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to us, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become our property without any obligation on our part to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.

SECTION 10 - INDEMNITY

You agree to indemnify and hold us and our parent, holding, subsidiary, affiliated and related companies, officers, agents, employees, partners, suppliers, vendors, co-branders, licensors harmless from any claim or demand, including reasonable legal or attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another or your breach of any applicable law.

SECTION 11 - NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service including all Content such as photographs, advertisements, information, listings and articles, whether posted by others or by yourself.

SECTION 12 - GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that we may, in its sole discretion, establish general practices and limits concerning use of the Service, including without limitation the manner in which the Service is used, the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from, or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. In particular, but without limiting the foregoing, by using the Service, you hereby consent to our adoption of the practices as set forth herein in relation to your use of the Service. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or made available through the Service. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to modify these general practices and limits from time to time, in our sole discretion, with or without notice, and you agree that your continued use of the Service after such modification will constitute your acceptance of, and agreement to be bound by the modified general practices and limits.

SECTION 13 - MODIFICATIONS TO SERVICE

We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

SECTION 14 - TERMINATION

You agree that we may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to:

  1. Breaches or violations or purported breaches or violations of the Terms of Use or other incorporated agreements or guidelines
  2. requests by law enforcement or other government agencies
  3. a request by you (self-initiated account deletions)
  4. discontinuance or material modification to the Service (or any part thereof)
  5. unexpected technical or security issues or problems
  6. extended periods of inactivity
  7. engagement by you in fraudulent or illegal activities, and/or
  8. Non-payment of any fees owed by you in connection with the Services.

Termination of your account includes:

  1. removal of access to all offerings within the Service
  2. deletion of your password and all related information, files and content associated with, or inside your account (or any part thereof), and
  3. Barring of further use of the Service. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you, or any third party for any termination of your account, any associated email address, or access to the Service.

SECTION 15 - DEALINGS WITH ADVERTISERS

The Service may also include access to products and services of independent third parties, either directly or via links to sites operated by such third party advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred, as the result of any such dealings or as the result of the presence of such advertisers on the Service.

SECTION 16 - LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Since we do not possess any control over such sites and resources, you acknowledge and agree that we will not be held responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products or other materials on, or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by, or in connection with use of, or reliance on any such Content, goods or services available on, or through any such site or resource.

SECTION 17 - OUR PROPRIETARY RIGHTS

You acknowledge and agree that the Service, and any necessary software used in connection with the Service ("Software"), contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by us or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. We grant you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, reproduce, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. You agree neither to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.

SECTION 18 - DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

  1. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. We and our parent, holding, subsidiary and related companies, affiliates, officers, employees, agents, partners, licensors, suppliers and vendors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement (other than any warranty the exclusion of which is not lawful).
  2. We and our parent, holding, subsidiary and related companies, affiliates, officers, employees, agents, partners, licensors, suppliers and vendors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the service will be accessible at any time, or at all times via the channel selected or used by you, (iv) the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from or through the service (the "materials") or the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the service will be corrected.
  3. any reliance upon, or use of any of the materials shall be at your own discretion and risk. We reserve the rights, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any part of the service or the materials. The materials are provided or made available by us on an "as is" basis, and we expressly disclaim any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any of the materials or the products.
  4. any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or equipment, or loss of data that results from the download of any such material.
  5. no advice or information, whether oral or written, obtained by you, from us or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, or through or from the service, shall create any warranty not expressly stated in the terms of use (save for any fraudulent misrepresentation by us or our licensors, suppliers, vendors, parent, holding, subsidiary or related company, affiliate, officer, agent or employee, as the case may be).
  6. a small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.

SECTION 19 - LIMITATION OF LIABILITY

You expressly understand and agree that we and our parent, holding, subsidiary and related companies, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we or our licensors, suppliers, vendors, parent, holding, subsidiary or related company, affiliate, officer, agent or employee, as the case may be, has been advised of the possibility of such damages), resulting from: (i) the service, the materials and the products; (ii) the use or the inability to use the service; (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the service; (vi) any goods or services disposed of or messages sent or received using the service; or (vii) any other matter relating to the service, the materials or the products. Nothing in these terms of use shall limit the liability of us or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be for death or personal injury resulting from our or their negligence.

SECTION 20 - EXCLUSIONS AND LIMITATIONS

You acknowledge that the disclaimers and exclusions of liability set forth in Sections 19 and 20 represent a fair and reasonable allocation of the risks and benefits of the agreement between you and us, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to us, and the availability and costs of insurance with respect to the said risks. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.

SECTION 21 - THIRD-PARTY BENEFICIARIES

You agree that except as otherwise expressly provided in this Terms of Use, there shall be no third-party beneficiaries to this agreement. You acknowledge that our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, all affiliates, and our officers, agents and employees, are, where applicable, intended to be third party beneficiaries of any of the Terms herein.

SECTION 22 - NOTICE

We may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail or postings on the Service. You agree that such notices by email or regular mail, and such display of notices or links to notices to you generally on the Service, will constitute sufficient and adequate notice to you of the matters contained therein.

SECTION 23 - TRADEMARK INFORMATION

The Rtist logo, trademarks, service marks, other logos, products and service names are our trademarks and/or those of our licensors, suppliers, vendors, parent or holding company, as the case may be (the Marks"). Without the prior written permission of our licensor, supplier, vendor, parent or holding company or us, as the case may be, you agree not to display or use in any manner the Marks.

SECTION 24 - GENERAL INFORMATION

Entire Agreement. The Terms of Use constitutes the entire agreement between you and us and governs your use of the Service, superseding any prior understandings, statements, representations and agreements between you and us with respect to the Service. For the avoidance of doubt, except to the extent provided in Section 23, you and we are the only parties to the Terms of Use. You also may be subject to additional terms and conditions that may apply when you use or purchase certain of our other services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms of Use and the relationship between you and us shall be governed by the laws of Malaysia, without regard to its conflict of law provisions. Both you and we agree to submit to the non-exclusive jurisdiction of the courts of Malaysia.

Waiver and Severability of Terms. The failure on our part to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and to construe such provision to the maximum extent permitted by law, so as to render that provision valid and enforceable, and the other provisions of the Terms of Use remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your account with us is non-transferable and any rights to your ID or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to use of the Service or the Terms of Use, must be filed within one (1) year after such claim or cause of action arose, or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

English version prevails. In the event that these Terms of Use are translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.

SECTION 25 - REFUND POLICY

All payment made for Rtist service is non-refundable.

SECTION 26 - VIOLATIONS

Please report any violations of the Terms of Use to: info@rtist.com.my