Please refer to the terms and conditions (Terms of Use) before using and/or browsing the Website or "IKHWAN" mobile phone application (including all real content through the domain name "IKHWAN", the "IKHWAN" Website (will be referred to as the website) owned by by MERBUX Digital Sdn Bhd (5353452-D) [referring to “IKHWAN”]. By registering an account, using, reading, writing, commenting, watching, listening, downloading or subscribing to our services from “IKHWAN”, you agree to be bound by the Terms of Use and other terms specified. "IKHWAN" is referred to as "we" or "us". We reserve the right to revise, amend these terms and conditions at any time without prior written notice. Please visit this page periodically to review the current terms because your access or use of the site will be considered an acceptance that you are not allowed to change, make modifications and make changes.
The Terms of Use are stipulated for all "IKHWAN" users. This Website may contain links to third party Websites that are not owned or controlled by “IKHWAN”. We have no control over those Websites and we are not responsible for the content or privacy policies of third party Websites. Please refer to the terms and conditions and privacy policy of each Website you visit.
Any Violation of the Terms of Use will cause us to send a warning notice via IKHWAN notification or email and in some circumstances beyond our discretion we may suspend or cancel your account without any notification. Account cancellation also means that all your content will be deleted from the IKHWAN website and application.
*Your content means all writing, images, graphics, audio, video, e-wallet, advertisement etc. in all parts of the IKHWAN website and application.
You are bound by all applicable laws including defamation, product disparagement, and harassment, innovation privacy, private data, misconduct, obscenity, and intellectual property infringement. All information and content displayed on the Website, may include intellectual property rights protected under copyright, trademark, and other intellectual property laws. Among the prohibited intellectual laws, unauthorized use, misuse of language, images and graphics, music, sound samples, and other controlled materials. Violations of intellectual property laws will be subject to civil action and penalties.
When interacting with other users, you must be aware of the implications and consequences and it is your responsibility to preserve content, personal information and property rights. We, our respective parties or our licensors will not be responsible for the conduct whether online or offline by any user of the service. We, our affiliates or our licensors will not be responsible for any claims, injuries or damages during use.
We hereby grant you permission to use the Website based on the Terms of Use provided for private and non-commercial use.
Our Privacy Policy applies to the use of this site and forms part of the terms. It also explains our policy regarding the collection, use and storage of your personal data. By accessing and using the site or any of the service providers on the site, you authorize and agree to the terms specified in the privacy policy and all actions we take with respect to your personal data in accordance with our privacy policy.
All content published by us may not be copied, reproduced, reproduced, uploaded, posted, transmitted or distributed in any way, without our prior written permission.
Although every precaution has been taken in the preparation of the Website and every effort has been made, the accuracy of the information mentioned in the Website is subject to change and variation. We will not be responsible for any errors or omissions that may remain and any loss or inconvenience arising as a result of such changes or differences.
Although every precaution has been taken in the preparation of this Website, the accuracy of promotions and prices of goods advertised or mentioned on the Website are subject to change and variation. In the event of any discrepancy between the promotion and / or price stated here and the actual promotion and / or price offered, the promotion and price of the vendor or supplier will be taken as the last accurate version. We will not be liable for any loss or inconvenience arising as a result of such changes or differences. We will not be responsible for mediating disputes between the seller and the customer or any other party.
You must be 18 years of age and above to use and access the features and services of "IKHWAN" or make any transactions on "IKHWAN". Use of “IKHWAN” indicates that you represent and warrant that you are a legal adult, that you are capable and legally competent to enter into a binding contract with us and comply with these terms and conditions. If you are eighteen (18) years of age or younger, your guardian's consent must be obtained or we may refuse service, cancel your subscription or terminate your account at our discretion.
You represent and warrant that:
you are permitted to embed URLs containing Content hosted on “IKHWAN” into your own Website, blog, social media platform, application, platform or service, provided that:
- URLs embedded on the Website, application, platform or service will direct any visitor or user to the site, back to the Website;
- you do not include intermediate pages, splash pages or other content between the URL and the page related to the “IKHWAN“ service;
- URL does not suggest or endorse any cause, idea, site, application, third party, platform, product or service;
- you do not use the content of "IKHWAN" and / or the Content, for inappropriate commercial use or purposes; and
- you provide attribution to “IKHWAN” next to the URL;
- you will not alter or modify any part of the Website or any content hosted on the Website, including the Content, for any purpose; and
- you may not reproduce, distribute, republish, upload, transmit, display, disclose, share, present, display, disclose, share, provide derivative works, perform, sell, transfer, assign, license or commercially use to commercial purposes of any copyrighted material on "IKHWAN" without prior written consent, except as provided in the Terms of Use.
The term "service" means any service we provide through "IKHWAN" including but not limited to our provision to you of certain connections, storage space and bandwidth for hosting text, audio or video by us. You also understand and agree that the service may include advertisements and that such advertisements are necessary for us to provide the service. You also understand that the service may include certain communications from us, such as service announcements, administrative messages, "IKHWAN" newsletters, and that these communications are considered part of your subscription and you will not be able to opt out of receiving them. Unless otherwise stated, any new features that add to or enhance existing services are subject to the Terms of Use. You agree not to access the service by any means other than through the interface provided by “IKHWAN” for use in accessing the service. In addition, when we refer to your use of the Website, such use is meant to include but not be limited to the use of any services offered by us through the Website. You will not copy or distribute any part of the Website in any media without our prior written permission.
You must register an account with us before we can publish your content. When registering an account, you are required to provide your full name, user ID “IKHWAN”, password and email address or mobile phone number. When creating an account, you must provide accurate and complete information. You must have a valid email account in order to receive email notifications from us. After registration, your account is created accordingly.
For a Verified Account , you are required to attach a Copy of your Business SSM Registration, a Copy of the Identity Card and a Copy of the Utility Bill that confirms your address. We reserve the right to cancel automatic verification by the "IKHWAN" System if you fail to provide the relevant documents within 14 working days.
The following situations (which are not exhaustive) will entitle us to temporarily or permanently suspend or terminate your account:
- You violate the Terms of Use and / or other terms and conditions notified by us;
- You provide us with incorrect, inaccurate, incomplete or false information;
- You engage in fraudulent activities or fraudulent activities conducted by third parties under your account; and
- You use another user's account without permission or impersonate another user to subscribe to "IKHWAN".
All logos, icons, graphics, trade names, service marks, trademarks, images, text, Websites, domain names and other intellectual property related to “IKHWAN” (“Marks”) are our intellectual property. We also retain all intellectual property rights in all content including the design, layout, images and text of the Website (“Content”) and on the Platform. All intellectual property rights are protected by international treaties and intellectual property laws applicable in Malaysia. You may not reproduce, distribute, post, reproduce in any format, any Content or Marks for any commercial or business purpose without our written permission. If you breach these terms, we reserve the right to take appropriate legal action against you.
To the extent permitted by law, we reserve the right to change, rearrange, add, change or delete any Content including without limitation, features, design and layout of the Website, advertisements, published on the Website.
Other marks, logos and names appearing on the Website may belong to third parties. You are responsible for ensuring that their intellectual property rights are not infringed. You will indemnify us against any loss or damage arising from third party claims arising from infringement of such intellectual property rights.
You acknowledge and agree that you are expressly prohibited from making any unauthorized use of copyrighted material or music or works through the Website. You agree that the material you post or post on “IKHWAN” does not violate copyright, trademark or patent laws, is not pornographic, plagiaristic or defamatory, is not spam and does not violate the privacy rights of third parties. We reserve the right to remove material or content that we determine in our discretion violates the Terms of Use. We also reserve the right to terminate the account of any user who violates these terms.
If you believe that your work has been copied in a way that constitutes an infringement on “IKHWAN” or through the services offered through the Website, please let us know and provide us with the following information at copyright@Ikhwan.my
- The identity of the person authorized to act on behalf of the copyright interest owner;
- A description of the copyrighted work that you claim has been infringed;
- A description of which material you claim is infringing is located on the Website; and
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
We will investigate copyright infringement and respond to you with the results upon completion of the investigation.
You may post reviews, comments, suggestions, ideas or questions regarding content hosted on the Website. We will remove or edit any comments, comments, suggestions, ideas or questions that we find or believe are obscene, indecent, violent, offensive, defamatory, unlawful, threatening public morals and safety, infringing intellectual property rights, invading privacy or anything that violates the rules of the Malaysian Communication and Multimedia Code. Reviews, comments, suggestions, ideas or questions that purport to not contain viruses, constitute mass mailings or "spam".
You represent and warrant that the content you post is owned by you or that you control all rights to the content you post, that the content is accurate and will not cause injury to any person or entity. By posting on the Website, you grant us, our affiliates, subsidiaries, agents and distributors the right to use, copy, display, adapt, transmit, distribute, publish and promote such content in any medium for marketing and promotional purposes or otherwise for any other purpose.
We are not liable for any claims including third parties for direct, indirect, special, punitive or incidental actions (including but not limited to loss of revenue, loss of profit, loss of goodwill, loss of reputation, loss of privacy, loss of data or cost of product acquisition substitutes arising out of or from the use, inability to use, performance or failure of the Website, arising out of or related to network service provider problems or problems with your device, without any damages as contemplated or arising in contract, tort, equity , restitution, statute or common law.
You will indemnify us, our subsidiaries and affiliates, from any claims, demands and actions made against us by third parties due to or arising out of or from the violation of the Terms of Use and other terms specified under "IKHWAN" or any third party claim regarding your or any other user's use of the “IKHWAN” service (including any activity under your account (“IKHWAN” account); violation of the Terms of Use or violation of laws imposed by you or any- which user; your content or your combination of content with other applications, content or processes, including any claims involving the alleged infringement or misuse of third party rights by your content or with the use, development, design, production, advertising or marketing of your content or disputes between you and any user If we or our affiliates are required to respond to a third-party suit or legal action described above, you will bear the legal fees and other related costs for us to respond to such legal action.
We do not warrant that “IKHWAN” or any content, software and services accessible through or through “IKHWAN” will be of satisfactory quality, meet your requirements, accurate, timely, uninterrupted or error-free, correct, accurate or free of viruses or other harmful components. We do not warrant that the results that may be obtained from the use of “IKHWAN”, including any support services will be effective, reliable, accurate or meet your needs. We do not guarantee that you will be able to access or use “IKHWAN” (whether directly or through third party networks) at all times or in the location you choose. And oral or written information or advice given by our representative shall constitute a guarantee.
To the extent permitted by applicable law, under no circumstances shall we be liable for any direct, indirect, special or consequential damages for lost profits arising out of or due to the use or inability to use “IKHWAN” due to service interruption caused by network service providers; performance failures, errors, omissions, interruptions, delays in operation or delivery; any type of virus; any changes to “IKHWAN” and unauthorized access to or alteration of your transmission or data; delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of the Site or making online payments; any communication, transmission, material or data sent or received or not sent; or any transaction made by or through "IKHWAN" arising from or related to the fraudulent or illegal actions of a third party. Further we cannot guarantee continuous or secure access to the services and operation of this Website may be interrupted by many factors beyond our control.
We are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of other parties or violations of other people's rights including intellectual property rights.
We are not responsible for the actions or actions of other users, including the content that may be displayed on the Website. You acknowledge that we are not a traditional online retailer. We are not involved in actual transactions between buyers and sellers who advertise on the Website. We have no control over and do not guarantee the quality, safety or authenticity of the advertised items, the truth or accuracy of the content, the seller's ability to sell the item, the buyer's ability to pay for the item, or that they will actually complete the transaction.
Although we encourage and allow links to content hosted on the Website, we do not recommend, endorse, promote or advertise the causes, ideas, reviews, sites, products and services of those third parties and we do not allow such links to be used content hosted on the Site Web for any inappropriate or commercial use or use in any way that is illegal or harmful to any third party. We reserve the right to withdraw permission for any link.
You agree not to use or launch any automated system that accesses the Website in a way that sends more request messages to the "IKHWAN" server in a given period of time than a person could reasonably produce in the same period using a conventional Website browser. . Notwithstanding the foregoing, we grant public search engine operators permission to use spiders to copy material from this Website for the sole purpose of creating a publicly searchable index of the material, but not to cache or archive such material. We, however, reserve the right to cancel this exception. You agree not to collect or harvest any personal information, including account names, from the Website, or to use the communication system provided by the Website for any commercial solicitation purpose. You agree not to solicit, for commercial purposes, any user of the Website with respect to account registration or content submission.
Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is due to Force Majeure (defined below), provided always that whenever possible, the party involved shall continue such obligations immediately after the failure of such Force Majeure stop or cancel. For the purposes of this Agreement, "Force Majeure" is an event that is a condition or event beyond the reasonable control of the party that affects the public in that country or in that region, and that causes a party to be unable to comply or perform at a time an obligation under this Agreement. Such circumstances or events shall include industrial action or labor dispute, civil commotion, war or threat of war, criminal or terrorist act, government or regulatory action, telecommunications or utility failure, power outage, fire, explosion, natural physical disaster, epidemic, restrictive quarantine , and the general failure of public transport.
Use of this Website is governed by the laws of Malaysia.
Our failure to insist on or enforce strict performance of any provision of the Terms of Use shall not be deemed a waiver of any provision or right. Neither conduct between the parties nor trade practices shall modify any of the Terms of Use. If any provision of the Terms of Use is unlawful, invalid or for any reason unenforceable, then that provision will be deemed severed from the Terms of Use and will not affect the validity and enforceability of any remaining provisions.
