This User Agreement ("Agreement") outlines the terms and conditions under which users ("Users") may access and use any of our services made available on our Company’s Platform (as defined below) (“our Services”) and is an agreement between BLOX BLOCKCHAIN SDN. BHD. (“Licensor”, “Us”, “We”, “Our” and "Company") and you, whether individually or on behalf of an entity, as applicable (“You”, “Your” or “User”). The Company and User are collectively referred to as “Parties” and each a “Party”.
By accessing or using our Services, you agree to all terms including all documents or policies as may be referenced on behalf of yourself and the User and you hereby represent to us that you shall have full authority to enter into this Agreement which this Agreement shall bind you and the User. You further acknowledge that you have read and fully understood the terms and conditions as stipulated in this Agreement (including all other referenced agreements, terms, documents or policies and any upcoming or new changes as may be described and notified on the Company’s Platform from time to time at the respective indicated effective dates) prior to your access to and use any of our Services.
By accessing, using, or continuing to use our Services, you irrevocably and unconditionally agree to be fully bound by this Agreement and all other referenced agreements, terms, documents or policies, including any modifications, updates, or changes made available on the Company’s Platform. This Agreement and all other applicable terms and policies shall govern your use of our Services in their entirety and supersede any prior understandings or agreements. Any continued access to or use of our Services notwithstanding any further revisions, updates or modifications constitutes your acceptance of such changes without exception or reservation.
If you do not accept the Agreement or any part thereof, please do not continue with the registration process and cease using and accessing our Services. For the avoidance of doubt, this Agreement shall bind you and the User in full force and effective until the earlier determination or termination of this Agreement in accordance with the terms herein stipulate.
In this Agreement each of the following expressions has, except where the context otherwise requires, the meaning assigned to them below:
“Agreement” means this User Agreement and such as may be updated or revised accordingly pursuant to Clause 14.1;
“Digital Assets” means the Supported Tokens that are earned, issued, rewarded or exchanged by Users or Third Party Merchants through the Company’s Platform in connection with our Services;
“Dispute” has the meaning assigned to it in Clause 17.4;
“Agreement” has the meaning assigned to it in Clause 1 and includes all other referenced agreements, terms, documents or policies and any upcoming or new changes as may be described and notified on the Company’s Platform from time to time at the respective indicated effective dates;
“Our Services” as outlined in Clause 1;
“User Wallet” means the account held by the User within our Company’s Platform enabling access to and interaction with our Services. User Wallet is not a bank account but serves as a digital ledger to record Digital Assets transferred to the User within the Company’s Platform, which may be used for transactions on Supported Protocols. For clarity, no interest payments will accrue on any funds, which may be held by a trustee or Digital Assets held in the User Wallet. Nothing in this Agreement shall be construed as providing insurance, guarantee, or protection for the value of any Digital Assets stored in the User Wallet;
“Company’s Platform” means the Company’s official webpage, its mobile application or any other relevant platform or electronic communication, which sole purpose is to enable persons seeking to establish an account with the Company and to gain access to and use our Services;
“Indemnified Parties” has the meaning ascribed to it in Clause 12.2;
“Intellectual Properties” has the meaning ascribed to it in Clause 13.1;
“Usage Data” has the meaning ascribed to it in Clause 13.2;
“Personal Information” means any information relating to you and the Users that is protected by applicable privacy law;
“Restricted Persons” has the meaning ascribed to it in Clause 5.1(f);
“Supported Protocols” means blockchain networks and protocols that are available for use in, or are compatible with User Wallet, as are set out and notified to you from time to time on our Company’s Platform;
“Supported Tokens” means the digital tokens that are compatible with the User Wallet, as are set out and notified to you from time to time on our Company’s Platform; and
“Transfers” means any instruction to transfer or send Supported Tokens from the User Wallet to another blockchain wallet, or to use the Supported Tokens for the purchases or transactions involving third parties merchants or service providers;
“Third Party Merchants” means all such eligible and independent third party merchants who provide goods and/or offer services to Users, of which all Transfers (as defined below) are conducted exclusively through Supported Tokens via Supported Protocols.
3.1 To access and use our Services, Users must be natural persons aged 18 or above. Notwithstanding the above, the Company reserves the sole and absolute discretion to determine the eligibility of any individual to become a User. The Company further retains the unrestricted right to accept or reject any application or registration for the use of our Services without obligation to provide any justification or reason for such decision. The Company may, at its sole discretion, review or revise any application or registration and may request additional information or documentation from the applicant to verify their identity, legal capacity, or compliance with applicable laws. The decision to accept or reject any application shall be final, and the Company shall not be liable for any consequences resulting from the rejection of an application.
3.2 By submitting an application or registration, you represent and warrant that:
(a) You are at least 18 years old and possess the legal capacity and authority to enter into this Agreement;
(b) You have carefully reviewed and fully understand all the terms and conditions of this Agreement
(c) You agree to comply with all applicable laws of Malaysia in connection with your use of our Services;
(d) You will not use our Services for any illegal activity including, but not limited to, illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data, terrorism financing, other violent activities or any prohibited market practices; and
(e) Your continued use of our Services constitutes your agreement to be bound by the terms herein, subject to the Company’s discretion in granting or terminating access as set out in this Agreement.
You understand that there are additional representations and warranties made by you elsewhere in (or by reference in) this Agreement and that any misrepresentation by you constitutes a breach of this Agreement.
3.3 Registration Process
(a) All mandatory fields specified in the application for our Services, including your email address, full name, IC number, and any other details required for eKYC verification must be completed and validated for the application to be processed. The Company may contact you through the email address you have provided regarding our Services, and for other purposes as may be mentioned in this Agreement. The Company reserves the right to improve, modify, or change the registration process at its discretion.
(b) By submitting your registration, you grant the Company the explicit right to retain, process, and store all information provided during the registration process, including personal and financial data, in accordance with applicable data protection and privacy laws. You further consent to the Company conducting background checks, identity verification, and fraud prevention inquiries, either directly or through third-party services, as deemed necessary to assess your eligibility. The Company may disclose your information to third parties, including credit agencies and fraud prevention organisations, and you acknowledge that such agencies may respond fully to these inquiries. The Company reserves the right to take any action it deems necessary, including the suspension or termination of your account, based on the results of such inquiries.
4.1 You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers, or any other codes that you use to access your user account and our Services and must not share them with anyone. By using our Services, you agree and acknowledge that the Company may make User Wallet available to each eligible User and designates each User Wallet as the User’s own distinct and individual customer account. In this respect, all digital assets and tokens held within the User Wallet are held solely on behalf of the User. As a User, you agree and acknowledge that you retain complete title and ownership of all the digital assets and tokens contained within your respective User Wallet. Your account is strictly personal and sharing it with others or third parties is prohibited.
4.2 You are solely responsible for controlling access to the device(s) used to access the Company’s Platform and for all activities conducted and/or transaction through your account, whether resulting from your actions, inaction, or negligence. The Company is not responsible for unauthorised access to your User Wallet, including any access that occurred as a result of fraud, phishing, or other criminal activity perpetrated against you by third parties. You will ensure that the use of our Services does not violate any applicable law.
4.3 The Company has absolute discretion to restrict registration from any specific e-mail service or internet service provider (ISP). The Company reserves the right to change usernames or delete content you submit if, such in our sole discretion contains or perceives to contain any offensive indecent or otherwise inappropriate language or phrase or information and we have the absolute right to cancel or refuse your registration for any reason we deem necessary.
4.4 Users acknowledge and agree that their use of our Services is at their own risk, and the Company shall not be held liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or use, arising out of or in connection with the use of our Services, regardless of whether such damages are based on contract, tort (including negligence), or any other legal theory, even if the Company has been advised of the possibility of such damages.
5.1 Upon creation of an account with the Company, you hereby expressly represent, warrant and covenant to the Company that:
(a) you are fully aware and informed of all the terms and conditions including all policies so referenced in this Agreement or in our Company’s Platform prior to accepting and agreeing to this Agreement and that you have the right, authority and capacity to use our Services and to abide by this Agreement;
(b) you are at least eighteen (18) years of age or have express consent of your parent(s) or legal guardian for the use of our Services or to transact through our Supported Protocols. By granting consent or permission to access to and use of our Services, your parents or legal guardians are deemed (i) to be responsible over your minor’s activities, and (ii) have agreed to this Agreement on behalf of your minor;
(c) your use of our Services is for your own sole personal use. You undertake not to authorise 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;
(d) all information provided to us pursuant to this Agreement is true, accurate and not misleading in any respect. If any such information changes, it is your obligation to update such information as soon as possible;
(e) you may only access our Services using authorised 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 our software to your device;
(f) you are not listed on the list of specified individual or entity determined by the Ministry of Home Affairs under Section 66B(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds from Illegal Activities 2001, and the sanctions database based on the United Nations Security Council Resolutions (UNSCR) list (“Restricted Persons”);
(g) you have not committed, attempted to commit or charged for any crime or offence within and beyond the jurisdiction of Malaysia;
(h) all transactions conducted through Company’s Platforms do not involve any direct or indirect proceeds of any criminal or fraudulent activity. We reserve the right to investigate the source of any funds in your account and determine, in our sole discretion, how to handle their disposition; and
(i) if you are registering for and on behalf of a body corporate, you represent and warrant that (i) such body corporate or organisation or legal entity is duly incorporated or registered and is validly existing under the applicable laws of the jurisdiction in which it is incorporated, (ii) you are duly authorised by such body corporate or organisation or legal entity to act on its behalf, and (iii) the body corporate or organisation or legal entity has not engaged in or is involved in any offences or claims or suits nor is suspended or removed by the Company or its related companies (if any) offering similar services or platform.
5.2 You further agree and undertake that:
(a) you will not use or abuse our Services and Company’s Platform for illegal, fraudulent, deceptive or any unintended purposes;
(b) you will not abuse our Services and Company’s Platform for any coercive and unlawful activities, contrary to all applicable laws in Malaysia or in any jurisdictions in which our Services is made available or any activities that will cause nuisance, annoyance or inconvenience or act in any manner whatsoever causing disrepute to the image, goodwill and reputation of the Company;
(c) you will not use our Services and Company’s Platform for the interests and benefits of any Restricted Persons;
(d) you will not and you will not assist or encourage any persons to gain access and use our Services through unlawful or unauthorised means, including use of any automated process or service (such as bot, a spider or periodic caching of information stored by the Company) to access or use our Services, distribute instructions, software or tools or conduct transactions for that purpose;
(e) you will not interfere with or disrupt servers or networks used by the Company to provide the Service, damage, disable, overburden or impair the proper operation of the network or try to harm our Services and Company’s Platform in any way whatsoever;
(f) you will not engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data;
(g) you will provide the Company with proof of identity as it may reasonably request or require;
(h) you agree to provide accurate, current and complete information as required for our Services 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 our Services at any time with or without notice;
(i) 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 our Services by new or existing consumers; and
(j) you have read carefully and is fully aware of the Agreement and you agree to abide by the Agreement throughout the subsistence of this Agreement.
5.3 You have taken all necessary steps and prudence to make independent and informed decision before engaging our Services and you agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Company or any third party as a result of any breach of the Agreement. The User agrees to indemnify, defend, and hold the Company, its affiliates, employees, directors, agents, and partners harmless from and against any and all claims, losses, damages, liabilities, costs, or expenses (including but not limited to legal fees) arising out of or in connection with the User’s breach of this Agreement, conduct of/attempt to conduct any unlawful activities, or any other conduct that results in legal action against the Company. The User acknowledges that the Company shall have no liability whatsoever for any harm, loss, or damages resulting from the User’s actions or omissions, whether intentional or unintentional, and shall not hold the Company responsible for any consequences arising from the use of the Company’s services.
When you use the Company’s Platform you may (as a result of, or through your use of the Company’s Platform) access services or download software, provided by third parties. Your use of such services, software or goods may be subject to separate terms between you and the respective third party, if any. This Agreement and anything contained herein or in connection herewith do not alter or affect your legal relationship with those third parties. If the Company’s Platform contains third party software or an open-source components, your use of those software or component will be subject to their respective licence terms. Nothing in this Agreement shall constitute any implied permission or right or authorisation to use, distribute, modify, decompile, reverse engineer, or copy the Company’s Platform or any of its components in any manner whatsoever.
7.1 The Company reserves the right, at its sole discretion, to deploy updates, changes, or enhancements to our Services at any time without prior notice. This may include the addition or removal of features or functionalities or, in some cases, the discontinuation of our Services. Depending on your device settings, the Company may automatically verify the version of the mobile application as installed on your device and, where necessary for our Services’ functionality, automatically download and install updates. By continuing to use our Services after such modifications, suspensions, or discontinuations, you acknowledge and agree to the updated terms and conditions, if any, as may be stipulated or notified to you. You further agree that the Company shall not be held liable for any claims, losses, or damages resulting from such changes, and you waive any right to dispute or complain about such modifications. Continued use of our Services constitutes your full acceptance of any such alterations.
8.1 The Company reserves the exclusive right to issue Supported Tokens and determine all aspects relating to their issuance, tokenomics, redemption, burning, staking mechanisms (if applicable), and any other related features or mechanisms. The Company further reserves the right to modify or amend any of these terms, including but not limited to the method of issuance, redemption rates, and related token policies, at its sole discretion. By using the Supported Tokens, the User fully agrees to comply with any changes made by the Company from time to time.
8.2 The User further agrees that the Company shall not be liable for any consequences arising from the User’s illegal, fraudulent, or improper use of the Supported Tokens, whether such use occurs on or off the Company’s platform. In the event that the Company becomes subject to any investigation, legal action, or penalty as a result of the User’s actions, the User shall immediately indemnify the Company, all claims (including third party claims), fines, liabilities, charges, losses, claims, demands or damages including any legal fees, costs, and damages incurred by the Company as a result of such misuse. The Company reserves the right to suspend, terminate, or modify the User’s access to the Supported Tokens or our Services without notice if the Company reasonably believes that the User is suspected of engaging or engaging in activities that could result in legal or regulatory liability for or cause adverse effects or liabilities for the Company.
8.3 Users can access and use our Services within the Company’s Platform where transactions can be executed and completed using Supported Tokens on any and all respective Supported Protocols. In relation thereof, the Company shall not be responsible for any loss, damages, claims, or interruption caused by your attempt to perform or use our Services for other digital assets or use of the Supported Tokens in other unsupported blockchain networks and protocols.
8.4 Except as expressly specified otherwise in this Agreement, neither the Company nor the Company’s Platform is acting as a principle in or other participants in those transactions. Neither the Company nor Company’s Platform is responsible for any disputes among or between Users regarding any transaction.
8.5 We shall not be responsible or liable for any consequences arising from your negligence and mistakes in effecting any Transfers (as defined above). In the event that you fail to immediately notify us of any error in the real-time acknowledgment of the status of any of your open orders or pending instructions, including Company’s Platform’s failure to promptly acknowledge the receipt of an order after you transmit such order, we reserve the right to exercise in good faith discretion to require you to accept the trade or to remove the trade from your User’s account at your sole benefit or loss. We may, in some cases, and at our sole discretion, require secondary electronic, verbal, written or other confirmation before acting if your account activity is outside of its normal range of activities.
8.6 When any transaction occurs using your credentials, the Company will assume that you authorised such transaction unless the Company is notified otherwise. The Company is not responsible for any claim for unauthorised or incorrect transactions if you have acted or been suspected of acting fraudulently, delayed notifying us in accordance with this Clause, voluntarily disclosing your accounts’ credentials to any other person(s) or failed in protecting confidentiality of your User Wallet. Notwithstanding the above, the Company is also not responsible or liable if it fails to cancel, revoke or refund the User for any unauthorised or incorrect transaction, whether fraudulent or otherwise or whether notified to us or otherwise.
8.7 The Company does not own, control or have authority over the functionality, security, availability or operation of the Supported Protocols. You hereby acknowledge and agree that (i) our Services are subject to changes made to the respective Supported Protocols, and (ii) the Company, at its absolute discretion, may decide to discontinue or modify support for any Supported Protocols, whether in whole or in part, including any updated or altered protocols. Alternatively, the Company may configure our Services to allow Users to continue Transfers through the updated or affected Supported Protocols.
8.8 The User acknowledges and agrees that they are solely responsible for the possession, management, security, and use of their Supported Tokens, User Wallet, and any transactions conducted through our Services. In the event of any loss, damage, or liability arising from the User’s mismanagement, mishandling, or unauthorized use of the Supported Tokens, or from any issues related to our Services, User Wallet, or the Company’s Platform, the User agrees to waive any and all rights to pursue claims, actions, or demands against the Company, its affiliates, officers, employees, or agents. The Company including its affiliates, officers, employees, or agents shall not be liable for any losses, damages, or consequences resulting from the User’s failure to properly manage or safeguard their tokens, User Wallet, or use of our Services. The User further agrees to indemnify and hold harmless the Company from any claims, costs, damages, or legal actions arising from the User’s actions or negligence in relation to the Supported Tokens or our Services.
We grant you a limited, non-exclusive, non-transferable license to authorise you [or individuals within your organisation] to access and use our Services during the term of our service but solely and strictly for personal use or internal business purpose subject always to current and updated Company’s terms and conditions in this Agreement, applicable policies, code of conduct, ancillary documents or terms associated with our provision of our Services as the case may be.
10.1 Subject to Clause 10.2, this Agreement shall expire upon the User’s account has been inactive for a minimum period of twelve (12) months regardless of whether it holds any balance of Supported Tokens. In such an event, the Company reserves the discretion to deactivate the User’s account, however, any Supported Tokens within the account will remain unaffected. The deactivated account may be revived at any time upon the User's request, subject to any verification or reactivation processes as determined by the Company.
10.2 This Agreement access to or use of its websites, software, systems (including any networks and servers used to provide any of the services) operated by us or on our behalf or some or all of our Services may be immediately terminated in that event:
(a) at the Company’s discretion as it deemed necessary due to your non-compliance with any Agreement or applicable laws and regulations;
(b) the User, despite being notified of a breach of this Agreement, fails to remedy the breach within fourteen (14) days (where such breach is capable of being remedied) and continues to default or fails to take adequate actions to the Company’s satisfaction, causing the breach to persist;
(c) the User becomes insolvent or unable to pay its debts owing to the Company;
(d) the Company’s relationship or collaboration with any Third Party Merchants expires, terminates or materially changes and affects the provision of our Services;
(e) you are deceased;
(f) the Company receives instructions from its partners, service providers, or any related third parties, or otherwise at the Company’s sole discretion, without the need to provide any reason;
(g) to avoid any undue risk of violating the laws; and/or
(h) a petition for bankruptcy is presented against or an order is made for the bankruptcy or insolvency of the User.
10.3 This Agreement access to or use of its websites, software, systems (including any networks and servers used to provide any of the services) operated by us or on our behalf or some or all of our Services may be suspended or terminated by the Company without any compensation to the Users:
(a) if the Company considers it necessary to prevent or prohibit any actual or suspected Prohibited Use & Transactions;
(b) you commit a material breach of this Agreement;
(c) you pose a potential threat to the security and integrity of the hosted environment or users’ data or platform or disrupt the others’ use of the our Services;
(d) there is a scheduled or recurring downtime, or unplanned technical outages or problems; or
(e) if the Company ceases to operate or terminate the tokenisation facility at any such time as such part of its commercial decision and subject always to any change in the requirements of laws.
10.4 Users may terminate their account and deactivate their User Wallet at any time provided that the User complies with the account termination procedures as issued and adopted by the Company. Notwithstanding the above, the Company may, at its sole and absolute discretion, unilaterally without cause terminate this Agreement with the User for any reason it deems appropriate, reasonable, or necessary, provided that the Company gives the User a prior fourteen (14) days' written notice of such termination. Upon the expiry of the notice period, the Agreement shall be deemed terminated, and the User shall have no claim against the Company, its affiliates, or representatives for any damages, losses, or liabilities arising from the termination. The Company shall not be required to provide any explanation or justification for such termination, and the User hereby waives any right to dispute or challenge the Company’s decision in any manner.
10.5 In the event of termination, the User may apply to the Company to transfer any balance Supported Tokens held in the User Wallet to another designated address or wallet, subject to the Company’s prior approval. The Company reserves the right, at its sole discretion, to approve or reject such a transfer request, provided that such approval shall not be unreasonably withheld.
10.6 Notwithstanding any termination of this Agreement, whether by the Company or the User, the Company reserves the right to pursue and enforce any claims, demands, or legal actions against the User arising from the User’s breach of this Agreement, any unlawful conduct, or any failure to perform obligations under this Agreement, including but not limited to the recovery of damages, costs, and expenses incurred by the Company as a result thereof. In the event of termination of this Agreement, the Company retains the right to continue enforcing any such claims, recover outstanding amounts, and seek compensation for any losses, irrespective of the termination date, without prejudice to any other remedies available to the Company at law or under this Agreement.
10.7 The User acknowledges and agrees that, upon termination of this Agreement, the Company may take necessary actions to recover any outstanding debts, losses, or damages, including, but not limited to, through legal or financial channels as deemed appropriate by the Company.
11.1 We may use tracking technologies to collect information about your device, such as its IP address, network provider, browser type, timestamp, time zone, and device speed or orientation. By using our services, you consent to this data collection and acknowledge that the information, including Personal Information, may be matched with public or private sources accessible to the Company or Third Party Merchants. You also agree that this information can be shared with the Company and Third Party Merchants to maintain and provide related services. Please refer to our Privacy Policy for more details on how we use this information.
11.2 Users are responsible for securing their accounts and are liable for all activities conducted through their account.
12.1 You acknowledge and agree that by using our Services or engage with any related permitted activities through Company’s Platform involves risk associated with using cryptographic and blockchain-based systems. Through application and registration with us for our Services, you have agreed to undertake and accept such associated risks and losses that may arise from or in connection with our Services or our Company’s Platform. While it is the Users’ responsibility to understand, learn and be fully aware of such risks involved with holding, possessing, dealing or transacting with digital assets, their protocols and networks, the Company shall not be held responsible for and be liable for all losses or damages caused by resulting from the use of our Services or such that is caused by or resulting directly or indirectly from transmission errors, technical faults, breakdowns, business interruptions or illegal interventions into transmission networks, IT systems/computers of the User or of any third party (including systems in the public domain).
12.2 Users acknowledge that their use of our Services is at their own risk. By agreeing to the Agreement, you further undertakes and agrees that you shall defend, indemnify and hold the Company and its holding company (if any), subsidiaries (if any), affiliates, licensors and all its directors, members, officers, shareholders, partners, solicitors, employees, agents, service providers and all persons engaged by the Company in support of our Services (collectively referred to as “Indemnified Parties”), harmless and defend the Indemnified Parties from and against any and all claims, investigation, demand, costs, damages, losses, liabilities, expenses (including solicitors’ fees and costs and/or regulatory action) arising out of or in connection with:
(a) your access to and use of our Services;
(b) any transactions made through our Services;
(c) your misuse of our Services;
(d) your failure to secure and take account for your digital assets (including the Supported Tokens) and User Wallet;
(e) your breach of the Agreement and all applicable laws and regulations, whether or not expressly referenced in this Agreement;
(f) fraud, negligent and misconduct or abuse of any information obtained through our Services; and
(g) your violation of any rights (including intellectual property rights) of any third parties.
12.3 All our Services are provided on an “as is” and “as available” basis and without any representations or warranties impliedly or expressly by the Company and their licensors (if any) or the Third Party Merchants. We do not guarantee that all or any part of the Company’s Platform or our Services will be made available or accessible by the User at all times.
12.4 The use of our Services through Company’s Platform, due to any downloads, installations or use of the Company’s website and the associated reference points with third parties involves risks in particular:
(a) disclosure of your Personal Information, financial data, location data and other information stored within our Company’s Platform to Third Party Merchants or any other persons;
(b) system outrages, security-related restrictions or other interruptions in service that occurs due to platform or server issues and maintenance; and
(c) misuse due to manipulation by malware or unauthorised use, including in the event the User’s device used to access the Company’s Platform is lost or stolen. In addition, you have received, read and understood any related risk disclosure statement and are fully aware of the potential risks associated with the access to or use of Company’s Platform and conduct of any transactions through Company’s Platform.
12.5 The Company disclaims from providing any warranties and representations as to the reliability, security, timeliness, quality, suitability, availability, accurate or completeness of Company’s Platform and our Services or any contents therein contained, particularly that:
(a) Company’s Platform or our Services are or will be uninterrupted, current, error-free, or free of viruses or other harmful components; or
(b) requests for Transfers in the manner in accordance with Clause 10.6, to and from your User Wallet will be processed within any particular amount of time,
and while the Company will make reasonable efforts to ensure that requests for relevant transactions are processed in a timely manner, but the Company makes no representations or warranties regarding the amount of time needed to complete processing because Our Services are dependent upon many factors outside of our control, such as delays in the banking system, delays caused by third-party providers, partners, or other external parties, delays caused directly or indirectly by communications interruption, power failure, equipment, server, internet, or software malfunction, security breach or cyberattack, failure of interconnecting and operating systems, and change in the underlying technology of a particular Supported Tokens or Supported Protocol.
12.6 The Company does not represent or warrant and hereby disclaims responsibility for:
(a) any stored data or content will be accurate or reliable, or secure or not otherwise lost or altered;
(b) the use of our Services and access to Company’s Platform will be free of harmful component, or operate in combination with any other hardware, software, system or data;
(c) any harm to your computer or device system, loss of data or other harm that results from your access to or use of our Services or any content;
(d) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the our Services;
(e) the quality of any products, services, information, rewards or another material purchased or obtained by you through the Supported Protocols on Company’s Platform will meet your requirements or expectations;
(f) errors or defects in Company’s Platform will be corrected; and
(g) Company’s Platform and our Services are free of viruses or other harmful components.
12.7 You acknowledge and agree that you have not relied and are not relying upon any representations or warranties from the Company that is not otherwise in this Agreement or in a separate written agreement between us and you agree you will not take a position in any proceeding that is inconsistent with this Clause.
12.8 Save and except for any losses or damages resulting directly from our omission, gross negligence or breach of any provision of this Agreement, you irrevocably waive any and all claims, demands, actions, or causes of action against the Company, its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and service providers (collectively, the "Released Parties") arising out of or in connection with your use of our Services or the Company’s Platform. This waiver outlined in this Clause 12.8 includes, without limitation, any claims for direct, indirect, incidental, consequential, punitive, or special damages, loss of profits, loss of data, or loss of goodwill, whether based on contract, tort, or any other legal theory, even if the Company was advised of the possibility of such damages.
12.9 You agree that under no circumstances will the Company, its affiliates, subsidiaries, directors, officers, employees, agents, licensors, or service providers be liable for any damages, losses, or expenses of any kind, including without limitation, any damages resulting from the interruption, suspension, or termination of our Services or the Company’s Platform.
13.1 All content, copyrights, trademarks, and other intellectual property rights in the Company’s Platform and associated with Our Services are the exclusive property owned by the Company or its licensors (“Intellectual Properties”). Except as expressly permitted under these Agreement, Users are prohibited from using, reproducing, or distributing any part of the Intellectual Properties. No Intellectual Properties may be used, replicated, or made available on any platform or medium without the Company’s prior written consent. All rights not expressly granted under these Agreement are reserved by the Company and its licensors.
13.2 In registering with us, you acknowledge and agree that the Company and its affiliated companies (or their respective subcontractors) may collect information and data generated from your use of the Company’s Platform (“Usage Data”). The Company is entitled to use the Usage Data, free of charge, at any time for the duration of your use of the Company’s Platform and afterwards, in its sole discretion for any purposes whatsoever, including but not limited to, to aggregate or compile Usage Data with other data, create intellectual property rights or derivative works of or modify or adapt Usage Data to provide, maintain, and improve products and services, and to develop new products or features or services. The Company shall ensure that the use of Usage Data will exclude any personal data and any data that would enable your identification.
14.1 The Company reserves the right to modify, improve and amend this Agreement at any time by posting the revised version of this Agreement with an updated revision date, and you will also be notified of such changes through a pop-up notification on the platform. Any changes shall be deemed accepted by you, upon your continued use of our services or access to Company’s Platform and our Services after the initial posting of any such changes, whether or not reviewed by you, shall constitute your consent and acceptance of the revised Agreement. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of our Services and close your User’s account with us.
14.2 If the revised Agreement includes a material change, we will provide you with prior notice via our website and/or email before the material change becomes effective. For this purpose a “material change” means a significant change other than changes that (i) are to your benefit, (ii) are required to be made (a) to comply with applicable laws and/or regulations, or (b) as otherwise required by one of our regulators, (iii) relates to a new product or service made available to you, or (iv) to otherwise clarify an existing term.
14.3 By continuing to use of our Services or access the Company’s Platform, you expressly acknowledge and agree that you have been provided with notice of any variations or revisions to this Agreement. Whether or not you have read or reviewed the revised Agreement, your continued use of our Services or Platform after such notice shall constitute your full and unconditional acceptance of the revised terms. You agree that any failure to review or object to the revisions shall not affect the validity of the changes, and you waive any right to challenge or complain about such variations or revisions after the fact.
15.1 This Agreement and the rights and obligations in this Agreement shall not be assignable by the Company and shall not be assigned by any of its Users to any person without the prior written consent of the Company.
15.2 Notwithstanding that, we reserve the right to assign this Agreement and its rights and obligations of this Agreement to any third party at any time without notice or consent from the Users. In the event where the Company undertakes any acquisition or merger with a third party entity, we reserve the right, in any of these circumstances to transfer or assign the information we have collected from you or within our database as part of such merger, acquisition, sale or other change of control.
The Company shall have no liability for any failure or delay arising or resulting from any condition beyond the Company’s reasonable control, including but not limited to governmental action or acts of terrorism, epidemic or pandemics that resulting in lockdowns which give rise to closure or restricted accessibility or shorten working hours of banks or government offices, earthquake, fire, flood, or other acts of God, labor conditions, power failures, equipment failures, and Internet disturbances.
17.1 This Agreement shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions of any jurisdiction and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or any services performed by the Company shall be subject to the exclusive jurisdiction of the courts in Malaysia.
17.2 If any of the provisions of this Agreement is found by a court or other competent authority to be illegal, void, invalid, prohibited or unenforceable, such provision shall be deemed to be deleted from this Agreement and the remaining provisions of this Agreement shall continue in full force and effect. Notwithstanding the foregoing the Parties shall thereupon negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the provision so found to be illegal, void, invalid, prohibited or unenforceable.
17.3 No waiver by any Party of any default in the strict and literal performance of or compliance with any provision, condition or requirement herein shall be deemed to be a waiver of strict and literal performance of or compliance with any other provision, condition or requirement herein nor to be a waiver of or in any manner release any Party from strict compliance with any provision, condition or requirement in the future nor shall any delay or omission of any Party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter or of any other right.
17.4 In the event of any dispute between you and the Company related in any way to, or arising from, our Services or this Agreement (“Dispute”), such dispute shall be settled exclusively by the courts of Malaysia, and each Party hereby submits to the exclusive jurisdiction of the courts of Malaysia for the resolution of such Disputes.
For questions or concerns regarding this Agreement, Users can contact the Company at support@blox.my.
This Agreement constitutes the whole agreement between the Parties. This Agreement supersedes and extinguishes any previous agreements between the parties, whether orally or in writing. This Agreement, along with any documents, terms, policies, or other provisions referenced on the Company’s Platform or website, collectively forms the entire agreement between you and the Company concerning the use of our services and platform. This Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than you and the Company, and no other person shall assert any rights as a third-party beneficiary hereunder.