20200309

TERMS OF USE

1. GENERAL

1.1 Thanks for choosing Arrivo (“Arrivo”, “we”, “us”, “our”). Arrivo provides -personalized services with social and interactive features for online parking payment and other content as well as other products and services that may be developed from time to time. By signing up or otherwise using any of these Arrivo services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “Arrivo Service” or “Service”), or accessing any parking location or other content or material that is made available through the Service you are entering into a binding contract with the Arrivo entity indicated in clause 19 (Contact us).These Terms of Use is applicable and binding upon you when you access and/or use our product and services. In addition to these Terms of Use, additional terms and conditions might apply.

1.2 Our Product is provided to you on an “as is” basis without any warranty of any kind and our liability to you in connection with your use of our Property is very limited. It is, therefore, important that you read the Agreement carefully before accessing and/or using our Product. By accessing and/or using our Product and Services, you understand and agree that we will treat that you are agreeing to be bound by the Agreement in its entirety from that point onwards.

2. CHANGES

2.1 We will be changing our Terms and Agreements at any point and we will be notifying you of any changes that are made. It is important that you read the Terms of Use carefully, upon effective change, the terms and conditions will be changed in the Arrivo website and within the mobile application. We will also send an email to everyone indicating towards a notice of change in our Terms of Use and other documents such as Privacy Policy and Terms of Conditions.

3. PARENTAL AUTHORITY

3.1 Advice will be given to those below 17 years old and those with no driving’s license when using our Service where we do not recommend users who does not own a legitimate Driving’s License. We also advice you to either use the Account that is tied to the vehicle that is not owned by you to avoid any duplication or error message.

4. YOUR PERSONAL DATA

4.1 We care about data privacy and security. By using Arrivo’s Services, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Malaysia, then through your continued use of the Site, you are transferring your data to Malaysia, and you agree to have your data transferred to and processed in Malaysia. By using our Services, you are agreeing that we might use it to supply you for the Services and other purposes further described in our Privacy Policy. Without your Personal Data, we may not be able to allow you to access and/or use the Services that we provide.

5. GRANT OF INTELLECTUAL PROPERTY RIGHTS

5.1 You shall not: – (a) transfer, assign or sublicence its license rights to any other person or entity and you acknowledge that any attempted that any attempted transfer, assignment, sublicence or use shall be void; (b) make error correction to or otherwise modify or adapt the Service or create derivative works based upon the software or permit third parties to do the same; (c) reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Service to human-readable form; and (d) disclose, provide, or otherwise make available trade secrets contained within the Service in any form to any third-party without our prior written consent.

5.2 User Generated Content will not be our property. The rest of the Services, Animations, Content will be our property. The use of any of the Title and Property do not grant you any of Our Intellectual Property Rights. We reserve all rights for all our corporate names, logos, animations, trade names and domain names (collectively “Marks”). Additionally, other marks including logos and design that is within the application may contain marks of other merchants and third parties that are not affiliated with Arrivo. We do not own such marks of the third party and other merchants.

6. YOUR ACCOUNT

6.1 Account accuracy and registration

In order to start using our service, all users are required to create an account with us. All account registration must provide with up-to-date information and accurate details to complete the account registration process. We have the ultimate discretion to terminate your account from any reports being made to any duplicate accounts from the system, forcing you to re-create your account with us. Our conclusion for the account termination is conclusive, decisive and most of all, ultimate. These actions will be taken if the information that the user provides is untrue, incorrect, inaccurate and incomplete, or we suspect whether the information that is provided by you is untrue, incorrect, inaccurate and incomplete.

6.2 Security

You play an important role for safeguarding any transaction made through your mobile device. This will prevent any transactional issues and keep your transactional data safe from any third parties. Our handling with the transactional information will also be further described in the Privacy Policy document. You must be responsible for any activities that are occurring under your account since we will not be liable for any loss towards any credits transacted into the account. You must also immediately notify us for any change that has been made in the account which is suspected to be not by you, unauthorized use and security breaches in your account.

Below will state the steps that you can use to keep your account safe from any unauthorized access. The steps are not exhaustive, and are countermeasures just to keep your account safe from any unauthorized usage:

Enable password on your mobile device
Avoid using public networks to connect to our Service
Install applications from sources you trust; eg: App Store, Play Store
Keep your login credentials secret and never expose your login credentials to any third-party member except for you.
Create a unique password PIN for your account
Constantly monitor your Account activity

6.3 Your Arrivo Credits

This service of payment is only available on your mobile device and is bounded to your account creation. Any transaction with the merchants existing within our application which has been approved by you will buy you Arrivo credits as shown in our product dashboard. You shall be personally liable and responsible for any transaction made for your credits and transaction once the said transaction has been authenticated irrespective of whether the transaction is undertaken and/or transacted by you unless it can be established that such transaction and/or communication was erroneously transacted due to an error.

You must also be responsible in viewing the amounted Arrivo credits within your account before you initiate any payment with our application. You will also be advised to constantly view your credits to make sure that you will have enough and sufficient credits to initiate any payment at any parking location that Arrivo provides. If the total amount in your Arrivo credits amount lesser than what is intended to be paid, your transaction will be declined.

6.4 Top-Up Arrivo Credits

Top-Up can be found within our Product and Service which allows you to Top-Up in Ringgit Malaysia Only. Top-Up payment channel can be accessed by third party’s payment channel which allows you to Top-Up with different payment channels.

Arrivo Service supports payment channels which includes online FPX banking, credit and debit card, Razer Cash and third-party e-wallet payments.

Each time you perform a transaction, you will allow us to deduct money from your account based on your selected Top-Up amount.

We reserve the right to suspend, revoke and/or block any Top-Up and Auto Top-Up to your Arrivo Credits if we discover, or have been informed by any third parties to including the Appropriate Authority to be irregular, suspicious, illegal or unauthorized.

We shall not be liable to you in the event of delay in crediting your Top-Up money into Arrivo Credits where such delay is not attributed to our fault.

All Top-Ups shall not be made until all relevant funds have been received and a response from the certain payment channel has come back successful.

6.5 Dormant Account

We will suspend your dormant account if your account has been left dormant for a lengthy period of time. The only way to continue using your Arrivo credits is to get us to reactivate your account.

7. PROMOTION AND REWARDS

7.1 We will offer you promotion from time-to-time. We may notice you regarding of the promotion period offered through our Services and our Social Media Accounts that are bound to us. The terms of each promotion that we set out will be in a specific term page in our Service, advertising materials, or in any other methods applicable. If you participate in the promotion, the terms of the newly created promotion will prevail to the extent that the terms of the promotion will not align with some of the terms in the Terms of Use, otherwise, the Terms within the Terms of Use will continue to apply. Once the Promotion is over, the Terms of Use will continue to overwrite the Terms that have been set in the Promotion period.

8. USER GUIDELINES AND SUSPENSION

Arrivo respects Intellectual Rights and expects you to do the same. We’ve established a few ground rules for you to follow them when using the Service. You should follow these rules and encourage other users to do the same. The following is not permitted for any reason or whatsoever:

Copying, redistributing, reproducing, “ripping,” recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Arrivo’s Service or the Content, or otherwise making any use of the Arrivo’s Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Arrivo’s Service or the Content or any part of it;
using the Arrivo’s Service to import or copy any local files that you do not have the legal right to import or copy in this way;
transferring copies of cached Content from an authorized Device to any other Device via any means;
reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Arrivo’s Service, Content or any part thereof except to the extent permitted by applicable law. [If applicable law allows you to decompile any part of the Arrivo’s Service or the Content where required in order to obtain the information necessary to create an independent program that can be operated with the Arrivo’s Service or with another program, the information you obtain from such activities (a) may only be used for the foregoing objective, (b) may not be disclosed or communicated without Arrivo’s’s prior written consent to any third party to whom it is not necessary to disclose or communicate in order to achieve that objective, and (c) may not be used to create any software or service that is substantially similar in its expression to any part of the Arrivo’s Service or the Content];
circumventing any technology used by Arrivo’s, its licensors, or any third party to protect the Content or the Service;
selling, renting, sublicensing, or leasing of any part of the Arrivo’s Service or the Content;
circumventing any territorial restrictions applied by Arrivo’s or its licensors;
artificially increasing play counts, follow counts, or otherwise manipulating the Service by (i) using any bot, script, or other automated process; (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;
removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
circumventing or blocking advertisements in the Arrivo’s Service, or creating or distributing tools designed to block advertisements in the Arrivo’s Service
providing your password to any other person or using any other person’s username and password;
“crawling” the Arrivo’s Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access, or collect information from Arrivo’s or the Arrivo’s Service;
selling a user account, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or the content included on an account; or
artificially promoting Content by automated means or otherwise.

Please respect other users of the Arrivo’s Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

is offensive, abusive, defamatory, pornographic, threatening, or obscene;
is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Arrivo’s or a third party;
includes your password or purposely includes any other user’s password or purposely includes Personal Data of third parties or is intended to solicit such Personal Data;
includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
is intended to or does harass or bully other users;
impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar;
involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Arrivo’s;
links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Arrivo’s;
interferes with or in any way disrupts the Arrivo’s Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Arrivo’s’s computer systems, network, usage rules, or any of Arrivo’s’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
conflicts with the Agreements, as determined by Arrivo’s.

You acknowledge and agree that posting any User Content that violates these User guidelines (or that Arrivo reasonably believes violates these User guidelines) may result in immediate termination or suspension of your Arrivo account. You also agree that Arrivo may reclaim your username where it is reasonable for us to do so, including if you have violated the Agreements. We reserve the right to investigate and take appropriate legal action, in our sole discretion, against you and/or report you to the Appropriate Authority under Clause 12.1(b), (c) and (d).

9. WARNINGS FOR USERS

a) When using your technological mobile device, Data storage within the Mobile device is still not immune to attacks of hacking and identity theft. We would like to remind you to take extreme precaution of the networks that your mobile device is connected to and placements of your device into other user’s hands. It is important for you to notify us straight if your device has been lost with our Service being logged inside so that we can suspend your account until re-activation. You are responsible for your lost of your mobile device and we are not responsible for any loss from your side.

b) When accessing our contents and not just the mobile application. User’s should also take in consideration of the guidelines that are provided in 10.

c) When parking your vehicle in our designated location. Please note that Arrivo is not responsible for any vehicle theft and vehicle lost. We advise you to park your vehicle at a well-lit location and park intelligently; Do not leave expensive items in the car while parking; secure your doors and windows and keep your car locked even when you are not in your vehicle; never keep your engine running and park near to CCTV cameras where the other operators have security footage access of your vehicle.

We will not be responsible to lost vehicles and lost devices, regardless to the service we are providing to you.

10. USER GENERATED CONTENT AND USER UPLOADED CONTENT

10.1 User Generated Content can be in the form where you submit or upload your content to our Service (which may include, for example, pictures, text, messages, information, descriptions and compilations, and/or other types of content) (“User Content”). By submitting your contribution, you grant us a non-exclusive, worldwide transferable, royalty-free, irrevocable, perpetual right and license to use, reproduce, edit, modify, adapt, publish, translate, create derivate works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution, and/or to incorporate your contribution in other works in any media, now known or later developed, for the full terms of any rights that may exist in your contribution.

10.2 You understand and agree that we will only display your User Generated Content, we can also retain and store, but not distribute, display or perform server-side copies of User Generated Content that has been removed by you.

10.3 By submitting your User Generated Content, you warrant that: –

your User Generated Content is of your own creation and form of work or have the necessary rights, licenses, consents, and permissions to use and authorize us to use all patents, trade secrets, trademark, copyright or other proprietary rights in and to any and all User Generated Content to enable us to use of the User Generated Content in the manner required by us and that you have the right to make it available for us for all purposes specified above;
your User Generated Content does not violate or intervene with the law;
your User Generated Content does not contain defamatory, threatening, injurious, insulting, offensive, abusive, pornographic, offensive on morality, menacing, religious and political, damage your confidentiality obligations;
you will not submit User Generated Content or any other Content that is copyrighted, protected by trade secret or subjected to third party proprietary rights, which includes privacy or publicity rights unless you are the owner of such User Generated Content which you have issued a protection for and contain those rights to do so;
You shall be solely responsible for any User Generated Content and the consequences of posting, publishing and using them with our service without our knowledge;
You will understand when a User Generated Content is uploaded, we do not guarantee the confidentiality of such User Generated Content;
You will agree and understand that without further notice of time and anytime, we uphold the right to remove any User Generated Content as we review your User Generated Content;
You will agree that we uphold the rights to investigate and take appropriate action against your User Generated Content, in our sole discretion, against you, if your User Generated Content violates our policy, and law which we will report you to the appropriate authority;
If you believe that any of your work or User Generated Content has been copied and posted by another user, without your permission into our Service, in any way that constitute copyright infringement or if you have any form of complaint, please contact our Customer Service Support;

11. DISCLAIMER

ARRIVO’S SERVICE AND PRODUCT IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

12. TERMINATION

12.1 Voluntary Account Termination of Service

At any time, you can terminate your account by contacting Customer Service Support at your own accord.

12.2 Our Rights to Terminate Your Account

We may terminate your Account within our Service (as a whole or in part) at any time if:-

There is an emergency;
We reasonably suspect fraud and illegal activities which complies against the good nature of the law and policy that is set by us;
You breach any terms that violates the Terms of Use and Privacy Policy, and fail to rectify after (2 weeks) for such enclosure from the date your account termination receipt has been issued;
We suspect any illegal activities to temper with the system.
Change of Law;
An event of Force Majeure that can conflict with the Account and Arrivo itself. In any Force Majeure event, which interrupts in Arrivo’s Service, we may at any time, terminate the Service and use of our Product.
2 weeks or exactly (14 days) after a receipt is being issued for clause (12) for suspension towards your account;
For any reason we see fit;

12.3 Termination of the Account within the Service, for any reason, shall not act as a waiver for any liabilities or obligations that you have made at or prior to the date of the Account Termination. This clause shall survive in the termination or expiration of this Agreement as by nature.

12.4 In the event of Termination, or if you request to, the credits containing within your account may be returned to you when requested for termination only if only you request for the termination.

13. GOVERNING LAW

13.1 These terms shall be governed by and defined following the laws that are set in Malaysia. Arrivo and yourself irrevocably consent that that courts of Malaysia shall have exclusive jurisdiction to resolve any dispute which may arise in any of the connections to the terms.

14. MODIFICATIONS AND INTERRUPTIONS

14.1 We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Service and website. We also reserve the right to modify or discontinue all or part of the Service and Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

14.2 We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

15. GUIDELINES FOR REVIEWS

15.1 We may provide you areas on our Service to leave reviews or ratings. When posting a review, you must comply with the following criteria: –

you should have firsthand experience with the person/entity being reviewed;
your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
your reviews should not contain references to illegal activity;
you should not be affiliated with competitors if posting negative reviews;
you should not make any conclusions as to the legality of conduct;
you may not post any false or misleading statements;
you may not organize a campaign encouraging others to post reviews, whether positive or negative.

15.2 We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

16. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Service or in respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

17. CONTACT US

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at:

AQREIGHT SDN SHD

40-020, WeWork, Level 40, Mercu 2

No.3, Jalan Bangsar

Kuala Lumpur, Selangor 59200

Malaysia

support@arrivo.app