TERMS OF SERVICE

These terms of service constitute a legal agreement between you and OVD SOLUTIONS SDN BHD ("OVD") to govern your partnership or agency relationship with us. To agree to these terms of service, click “AGREE”. By clicking “AGREE” you hereby accept and abide by these terms of service as stated herein in entirety you have no right to assert any changes, amendment, additions or deletions.

1.         Access.

1.1         Access to the services provided by OVD and its affiliates and subsidiaries is provided solely as an accommodation and at OVD’s sole discretion. Limited access to data and/or system for certain purposes is strictly available to authorized representatives of entities that have applied or have been authorised only. 

1.2         Your access may further be limited, restricted or suspended, with or without notice and/or reasons, if OVD thinks will prejudice OVD or the other users or as restricted in the terms and conditions herein. Reasons may include but not limited to conduct that is in breach of this Agreement, for conduct that OVD believes is harmful to OVD, the TANGO Application, the industry and/or to any other party, complaints, non-deliverables, fraud, misrepresentation and/or other conduct that OVD deem unsuitable, harmful and/or detrimental in any manner whatsoever. In the event OVD serves a notice pursuant to this clause, you shall make good of it and on OVD’s absolute discretion, access may be allowed to you upon the fixation and repairment of the same.

2.         Entirety

2.1         By using this application and by your use of the services, you agree to be bound by the terms and conditions set out in this Agreement in full. If you disagree to these terms and conditions herein, in whole or in part, please discontinue using, surfing, browsing, relying, acting and/or in any manner utilising any of the services contained including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links and references in the application and/or related to the services. Please also be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you. The terms and conditions in this Terms of Service contained shall be deemed to include our Privacy Policy (collectively be referred as “this Agreement”). We may assign or change or modify any part or parts of our rights under this Agreement without your consent or prior notification. This Agreement shall constitute a legally-binding agreement between us and you.

2.2         These Terms of Service constitute the entire agreement between you and OVD governing your use of TANGO Application. If any part of these Terms of Service is held invalid, unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. OVD’s failure to enforce any right or provisions of these Terms of Service will not constitute a waiver of such provision or any other provisions of these Terms of Service. OVD will not be responsible for failures to fulfil any obligations due to causes beyond its control.

3.         System Requirements

Use of TANGO App requires compatible software, Internet access and may require obtaining updates or upgrades from time to time. Since TANGO App involves hardware, software and Internet access, your ability to use TANGO App may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

4.         Confidentiality

You acknowledge that, in the course of your use or engagement with the TANGO App, you may have access to certain information and materials that are confidential and are of substantial value to OVD, including but not limited to, any information, data, correspondence, updates and any other materials, which value would be impaired and/or would injure OVD in any form, if such information or material were disclosed to third parties or used for purposes other than expressly permitted by any Agreement, or as set forth herein. You hereby agree to maintain any OVD Confidential Information in confidence and not disclose or otherwise make available OVD Confidential Information to any third party without prior written consent of OVD. In the event either party chooses not to enter into this Agreement, you agree to destroy all copies or original of any OVD Confidential Information in your possession.

5.         Your Information

You agree to provide accurate, current and complete information required to register with TANGO Application and at other points as may be required in the course of using or engaging with TANGO Application (“User Data”). You hereby confirm that any User Data you already have provided to OVD has been accurate, current and complete. You further agree to maintain and update your User Data as required to keep it recent, accurate, current and complete.

6.         Security

By agreeing to this Terms of Service, you are solely responsible for maintaining the confidentiality and security of your own. You are entirely responsible for all activities that occur on or through your platform and you agree to immediately notify OVD of any unauthorised use of your system or data or any other breach of security. OVD shall not be responsible for any losses arising out of the unauthorised or other improper use of your platform.

7.         Intellectual Property

7.1         Acknowledgment of Ownership.

You agree that TANGO App contains proprietary information and material that is owned by OVD and/or its licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of TANGO Application in compliance with these Terms of Service. No portion of TANGO Application may be reproduced in any form or by any means.

7.2         Copyrights.

All copyrights in and to TANGO Application are owned by OVD and/or its licensors.

7.3         Trademarks.

Any logo, service marks and graphics used in connection with OVD, TANGO Application and any other of its affiliates are trademarks or registered trademarks of OVD in Malaysia and/or other countries. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks, except as explicitly permitted by the Agreement.

8.         Disclaimer of Warranties; Liability Limitations.

8.1         OVD does not guarantee, represent, or warrant that your use of TANGO Application and service  will be uninterrupted or error-free, and you agree that from time to time that OVD may remove certain or particular products or services in the TANGO Application for indefinite periods of time, or cease to offer app store connect in its entirety, at any time, without notice to you.

8.2         You expressly agree that your use of, inability to use, TANGO Application is at your sole risk. All products and services delivered to you through TANGO Application are provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

8.3         In no case shall OVD, its directors, officers, employees, affiliates, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from your use of TANGO Application or for any other claim related in any way to your use of TANGO Application, or any loss or damage of any kind incurred as a result of the use of any product or service, posted, transmitted or otherwise available via TANGO Application, even if advised of their possibility.

8.4         OVD does not represent or guarantee that TANGO Application will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion and OVD disclaims any liability relating thereto.

8.5         Notwithstanding the terms of the Agreement, you represent and warrant that:

a)          you have cleared all worldwide rights, including without limitation, any rights of publicity, advertisement, copyrights, trademarks, software, system, trademark rights that may be necessary for the use of as set forth herein and in the Agreement; and

b)          you are responsible for all worldwide royalties, fees and/or other sums (if any) payable with respect to the rights stated in this clause herein and its use;

c)           you have the authority to make the foregoing representations and warranties on behalf of yourself and any entity on behalf of which you are conveying and performing your duties.

9.         Termination

9.1       We reserve the right at our sole discretion to immediately terminate your access to, use of the TANGO Application and services and this Agreement without prior notice. Cause for such termination shall include without limitation:

a)          if you fail to comply with any of the terms of this Agreement;

b)          request by law enforcement, other government agencies or pursuant to a court order;

c)           failure to make payment of applicable subscription fee required for the usage of the services;

d)          infringement of our intellectual property rights or those of third parties;

e)          by virtue of your engagement in any fraudulent, unlawful or illegal activities;

f)           discontinuance or material modification to the Website or Services or part thereof;

g)          unexpected technical, security or other problems beyond our control;

h)          extended duration of inactivity of your account;

i)           a request made by you (self-initiated account deletions);

j)           if you are declared insolvent or bankrupt; and

k)          upon your death.

9.2        You agree that all terminations for cause shall be made in our sole discretion and upon termination, your right to use the TANGO Applicaton immediately ceases. We shall not be liable to you or to any third party for such termination of your account, any associated email address or access to the TANGO Application and services.

10.       Indemnity

By using the TANGO Application, you agree, to the extent permitted by law, to indemnify and hold OVD, its directors, officers, employees, affiliates, agents, contractors and licensors harmless with respect to any claims arising out of your breach of the Agreement, representations or warranties made by you herein or any liability or claims arising from any laws or any other parties or your other improper unauthorised or unlawful use of TANGO Application. 

11.       Notices

11.1      OVD may send you notice with respect to TANGO Application by sending an email message to the email address in your User Data or if deemed necessary to OVD, by sending a letter via postal mail to the contact address listed in your User Data. Notices shall become effective immediately.

11.2      Partner/Agent may send an email message to OVD’s email address when necessary.

12.       Governing Law

 You expressly agree that the laws of Malaysia, excluding its conflicts of law rules, govern these Terms of Service and your use of TANGO Application. You hereby waive the right to object to the foregoing choice of law, personal jurisdiction or venue.