HomeTerms of Use (Full Version)

Terms of Use (Full Version)

Important – please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed to the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service and wish to discontinue using the Service, please do not continue using the Application (as defined below) or the Service.

The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and INTUITIVE ASSET SDN BHD (Company No.: 1064805-D) (the “Company”) who owns and operates the Service. In order to use the Service, you must agree to the Terms of Use that are set out below. By using the mobile application supplied to you by the Company (the “Application”), accessing web pages including the “CurrenSeek” website (https://www.currenseek.com), all subpages, functions and widgets (collectively referred to as the “Website”), and downloading, installing or accessing any associated functionality provided by the Company (“the Software”) for which the overall purpose is to enable persons seeking currency exchange services with third party licensed currency exchange providers (collectively, the “Service”). You hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time via the CurrenSeek website or through the Application, Website or Software.

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at https://www.currenseek.com.

THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE CURRENCY EXCHANGE SERVICES AND THE COMPANY IS NOT A CURRENCY EXCHANGE PROVIDER. IT IS UP TO THE THIRD PARTY CURRENCY EXCHANGE PROVIDERS TO OFFER CURRENCY EXCHANGE SERVICES TO YOU AND IT IS UP TO YOU TO ACCEPT SUCH CURRENCY EXCHANGE SERVICES. THE SERVICE OF THE COMPANY IS TO LINK YOU WITH SUCH THIRD PARTY CURRENCY EXCHANGE PROVIDERS, BUT DOES NOT NOR IS IT INTENDED TO PROVIDE EXCHANGE SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A CURRENCY EXCHANGE PROVIDER. THE COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY LICENSED CURRENCY EXCHANGE PROVIDER AND/OR ANY CURRENCY EXCHANGE SERVICES PROVIDED TO YOU.

1. Account Creation and Registration

You can use the Application and/or the Software without logging in, but you will not be able to access some features of the Application and/or the Software unless you do so. You can create or use an account to use the Service by logging in to the Application and/or the Software through your account on Facebook, or other acceptable third party authentication service (each, an “Authentication Service”). By creating an account, you represent that you are eligible to use the Service. If you choose to log in to the Software through your Authentication Service account, the Company may have access to certain information that you make available through the applicable Authentication Service. By logging in to the Application and/or the Software through an Authentication Service, you grant us permission to access and use the information that you make available through the applicable Authentication Service, in accordance with the privacy or other settings that are applicable to your Authentication Service account.

For more details on the information we collect about you from Authentication Services, please review the Company’s Privacy Notice. For more information on how you can manage the information provided to the Company by the applicable Authentication Service, please review the privacy settings applicable to your Authentication Service account.

Authentication Services are not partners or representatives of the Company and the Company is not responsible for the acts or omissions of any Authentication Service in connection with your account with it. If you terminate your account, you will still be able to access and view the Application and/or the Software. However, you will not have access to any of the customised features and content that are available to users of the Service. We may also terminate your account, or impose limits on or restrict access to parts or all of the Service at any time, without notice or liability.

2. Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws including but without limitation to Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, Money Services Business Act 2011 and other requirements that currency exchange providers  stipulated from time to time whether in your home nation or otherwise in the country, state and city in which you are present while using the Service.

You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.

By using the Software and/or the Application, you agree that:

  • You will only use the Service for lawful purposes;
  • You will only use the Service for the purpose for which it is intended to be used;
  • You will not use the Application and/or for sending or storing any unlawful material or for fraudulent purposes;
  • You will not use the Application and/or the Software to cause nuisance, annoyance,
  • inconvenience or make fake bookings;
  • You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service;
  • You shall not contact the third party licensed currency exchange provider for purposes other than the Service;
  • You will not impair the proper operation of the network;
  • You shall not intentionally or unintentionally cause or attempt to cause damage to the third party currency exchange provider;
  • You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
  • You will not copy, or distribute the Software or other content without written permission from the Company;
  • You will only use the Software and/or the Application for your own use and will not resell it to a third party;
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
  • You will provide the Company with proof of identity as it may reasonably request or require;
  • You acknowledge and agree that only one (1) account can be registered on one device;
  • You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
  • You will only use an access point or data account which you are authorized to use;
  • You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing passengers;
  • You are aware that when requesting currency exchange services by SMS or use of the Service, standard telecommunication charges might apply;
  • You shall not impair or circumvent the proper operation of the network which the Service operates on;
  • You agree that the Service is provided on a reasonable effort basis; and
  • You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.

Your shall be responsible and liable for any third party gaining access to the Application and/or the Software through the use of your account, and in such event, you shall hold the Company, its employees, directors, officers, representatives, affiliates, subsidiaries and agents harmless against any Loss arising from any such unauthorised access. Any transaction and/or activity arising from usage of your account will be deemed your transaction and/or activities, and the Company is under no obligation whatsoever to verify authenticity of such transactions and/or activity.

You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the third party service provider, the Company or any third party as a result of any breach of the Terms of Use.

The Website contains information about, amongst other things, the Company and the product and/or services that the Company may offer from time to time. As such, the information on the Website and/or provided by the Company in any correspondence are provided for informational purposes only. The information on the Website and/or provided by the Company should not be relied upon or used as the sole basis for making decisions without consulting other sources of information which may be primary and/or comparatively more complete and timely. The Company shall not be responsible or liable for any decisions made in reliance on the information contained on the Website.

3. Payment

  • You may choose to pay for the currency exchange services by cash or where available, by FPX payment gateway (“Internet Banking”) directly to the currency exchange provider. You will not be required to pay the Company or supply any of your banking credentials or details to the Company to pay in Internet Banking.
  • As a prerequisite for paying via Internet Banking, you will need to have a valid Internet Banking account with a Malaysian Bank, which is supported by the Internet Banking Service.
  • The use of Internet Banking to pay to the licensed currency exchange provider is subject to the availability of FPX services (“FPX”). FPX is an internet based payment gateway that allows real-time payments for online purchases. FPX is operated by Payments Network Malaysia Sdn Bhd (PayNet). Use of FPX services is subject to the terms, requirements and restrictions imposed by FPX, and charges FPX may impose on you. The Company is neither liable nor responsible for any Loss incurred by your or any other person arising from your use of the FPX. You agree to familiarise yourself with all applicable terms, requirements and restrictions imposed by FPX.
  • Use of FPX is currently free of charge for you but charges may be imposed by FPX from time to time pursuant to any Transaction initiated by you, any such charges shall be borne by you.
  • Once you have completed a currency exchange using the Service, you are required to make payment in cash or Internet Banking to the third party currency exchange provider. For Internet Banking transactions, upon successful sign into your bank of choice internet banking service and authorise the transaction, your payment will be deducted from the account you select (e.g., your savings or current account of the bank of your choice) and credited directly to the currency exchange provider’s business bank account. If you have any complaints in relation to the currency exchange services provided, then that dispute must be taken up with the third party licensed currency exchange provider directly.
  • Once you make a payment in Internet Banking fully or partially in advance to book currency using the Service, you have entered into a binding contract with the currency exchange provider. If you have any complaints in relation to the currency exchange service provided, then that dispute must be taken up with the third party licensed currency exchange provider directly.
  • You agree that you as the holder of savings or current account through which the payment was made in Internet Banking are the actual beneficiary of the transaction and upon collection and completion of the order, you must present yourself and provide your official ID that matches the bank account name used for the payment. No foreign currency notes will be issued, if the ID does not match the details you provide, unless you have duly authorised someone to collect on your behalf.
  • Once a partial or full online payment has been made in advance, any request for a cancellation and/or refund will be subject to the “Refund Policy” of the licensed currency exchange provider who received the funds.
  • You shall only use the QR Code-based payment facility installed in the premise of the participating licensed currency exchange provider when instructed to do so by the authorised staff upon agreeing the amount to be paid and meeting any required compliance checks. Any request for a refund will be subject to the “Refund Policy” of the licensed currency exchange provider who received the funds. It is the Customer’s responsibility to check the “Refund Policy” of the licensed currency exchange provider prior to making any payment. Please visit their website or ask the staff at the physical outlet for their current policy.
  • The Company reserves the right to suspend the processing of any booking  or disable or limit the use of the Internet Banking in the event of any error in transaction where the Company reasonably believes that the Internet Banking has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.
  • You agree that you will cooperate in relation to any financial crime screening that is required and to assist the third party licensed currency exchange provider and Company in complying with any prevailing laws or regulations in place.
  • You shall solely be responsible to resolve any disputes with your Internet Banking provider.

4. License Grant & Restrictions

The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal, non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.

You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

5. Intellectual Property Ownership

The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors. All content on the Website, the Software and/or the Application including, without limitation, trademarks, trade names, service marks, logos, designs, text, images, or links, the Company’s name, the Company’s logo, the third party licensed currency exchange providers logos and the product names associated with the Software and/or the Application are registered and unregistered property of the Company or third parties, and no right or license is granted to use them without the written permission of the Company or any other applicable third-party licensors . For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety. You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to any of the Company’s Services, the Application, the Software and any part of the Website except to the extent permitted with the prior written consent of the Company or unless permitted in these Terms of Use.

6. Personal Data Protection

The Company respects your privacy and we are committed to safeguarding your privacy. To understand our privacy practices, please read our Privacy Policy here. Please do not submit any personal information or data without first reading our Privacy Policy.

7. Third-Party Interactions

During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party providers, advertisers or sponsors showing their goods and/or services through the Service, the Software and/or the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party.

The Group does not endorse any applications or sites on the Internet that are linked through the Service, the Application and/or the Software, and in no event, shall the Company, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Service to you pursuant to the Terms of Use. You recognize, however, that certain third-party licesned currency exchange providers, goods and/or services may require your agreement to additional or different Terms of Use prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third-party providers.

The Company may rely on third-party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms of Use you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a fee for or deny you use of the Service should you choose not to receive these advertising services. This fee, if applicable, will be posted on the Company’s website located at https://www.currenseek.com. You agree and allow the Company to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party currency exchange provider, other third-party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.

8. Indemnification

By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Software and/or the Application in your dealings with the third party merchants, currency exchange providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including third party licensed currency exchange  providers arranged via the Service, or (d) your use or misuse of the Service, the Software and/or the Application, including if you commit any fraud or misrepresent any information supplied.

9. Disclaimer of Warranties

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, THE APPLICATION, THE SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE THIRD PARTY LICENSED CURRENCY EXCHANGE PROVIDER . THE SERVICE  PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES AND, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY CURRENCY EXCHANGE OR OTHER SERVICES AND PRODUCTS OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY CURRENCY EXCHANGE OR OTHER SERVICES AND PRODUCTS REMAIN SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.

NO PART OF THE WEBSITE, THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE IS INTENDED TO PROVIDE FINANCIAL ADVICE OR OTHER ADVICE, AND THE WEBSITE AND/OR THE SERVICE SHOULD NOT BE RELIED UPON WHEN MAKING ANY DECISIONS OR TAKING ANY ACTION OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DO NOT ACCEPT ANY LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE, FORESEEABLE OR OTHERWISE, INCLUDING ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR OUR SERVICE OR ANY INFORMATION CONTAINED IN IT, AND YOU USE THE WEBSITE AND/OR OUR SERVICE AT YOUR OWN RISK.

10. Internet Delays

THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY LICENSED LICENSED CURRENCY EXCHANGE  PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

11. Limitation of Liability

THE COMPANY PROVIDES NO WARRANTY, ASSURANCE, OR PROMISE THAT ITS TECHNOLOGY, APPLICATIONS, OR CUSTOMER SERVICE WILL WORK AS INTENDED ON YOUR PHONE, COMPUTER, TABLET OR OTHER DEVICE.

THE COMPANY DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, RELIABILITY, TIMELINESS, ACCURACY, OR QUALITY OF THE DELIVERY SERVICES, APPLICATION OR THE THIRD PARTY LICENSED CURRENCY EXCHANGE  PROVIDERS.

THE COMPANY IS NOT LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR COSTS INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES OR DAMAGES TO YOUR MOBILE DEVICE OR ANY APPLICATIONS STORED THEREIN AS A RESULT OF INSTALLATION OR USE OF THE  APPLICATION.

THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE OR LOSS TO PROPERTY OWNED BY OR IN YOUR POSSESSION, OR ANY INDIRECT LOSS AND DAMAGE, RESULTING FROM THE THIRD PARTY CURRENCY EXCHANGE  SERVICES, MATTERS RELATING TO THIRD PARTY CURRENCY EXCHANGE PROVIDERS, OR THE PROCESS OF CURRENCY EXCHANGE BY REASON OF YOU USING THE SERVICE IN YOUR CAPACITY.

12. Notice

The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.

13. Assignment

This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

14. General

This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be referred to the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”), in accordance with the Rules of the KLRCA as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of the KLRCA in accordance with the Rules.

The Company does not warrant that the materials on the Website, the Service, the Application and/or Software are appropriate or available for use in locations outside Malaysia. Accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website, the Service, the Application and/or Software from elsewhere, you do so on your own initiative and are responsible for compliance with local laws. The Company disclaims all liability resulting therefrom.

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service.

If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.

The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from the third party licensed currency exchange provider under this Agreement.

The Company is Intuitive Asset Sdn Bhd Company No. 1064805-D and having its registered address at 1-17-1, Menara Bangkok Bank, Berjaya Central Park, No. 105 Jalan Ampang, 50450 Kuala Lumpur).

15. Contact Us

If you have any questions about this Terms of Use, you may contact us at legal@currenseek.com. Thank you.

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