Invoker

TERMS OF USE

This Terms of Use agreement is effective as of 1st July 2020.

1.    ACCEPTANCE

PLEASE READ THE FOLLOWING TERMS OF USE THOROUGHLY AND CAREFULLY. By downloading and / or using JobPro Apps, you agree that you have read, understood and agree to be bound by these Terms of Use.

If you do not agree with these Terms of Use, in whole or in part, please discontinue using the Apps immediately.

TASK TAP TECHNOLOGIES SDN BHD (1169835-H) is a company incorporated under Malaysian law (“Task Tap”, “we” or “us”), owning and operating JobPro Apps.

These Terms of Use shall be deemed to include our Privacy Policy and any Additional Policies. We may assign or change any part or parts of our rights under these Terms of Use without your consent or prior notification. The Terms of Use and Privacy Policy constitute a legally-binding agreement between us and you.

2.    DEFINITIONS

1.    “JobPro”, “JobPro Apps” or “Apps” refers to the mobile applications owned and operated by Task Tap with the given names JobPro Home and JobPro Team, whereby the facilities, features and access to JobPro Home are intended for Service Users, while the facilities, features and access to JobPro Team are intended for Service Professionals;

2.    “Account” means a registered account which you may be required to create if you wish to access and utilize the full facilities and features of the Apps, whether as a Service User or Service Professional;

3.    “Additional Policies” means any and all other operating rules, policies, and / or guidelines in addition to the Terms of Use, that may govern the use of the Apps and which is made known to you from time to time;

4.    “JobPro Service” means the facilities provided by JobPro Apps including but not limited to (i) accepting Service User requests and disseminating them to relevant Service Professionals in the region; (ii) facilitating Service Professionals to respond to Service User requests by rendering their availability for hire; (iii) facilitating Service Users to hire Service Professionals of their choosing; (iv) providing profiles for Service Professionals; (v) facilitating Service Users and Service Professionals to make contact; (vi) facilitating Service Users to make payments to Service Professionals after receiving the requested Services; and (vii) any other ancillary or related services;

5.    “Password” means the password which you may be required to create, provide and use in order to create and use an Account;

6.    “Service” means the professional service offered and / or to be rendered by the Service Professional in the course of their business to a Service User;

7.    “Service User”, “Consumer” or “Client” means any individual or company that has (i) used or browsed the app JobPro Home; and / or (ii) submitted a request for a professional service via the app JobPro Home in order to receive responses from relevant and available Service Professionals in the region, regardless of whether such Service User ultimately hires or does not hire a Service Professional via the app JobPro Home;

8.    “Service Request” or “Job” means the request for a professional service submitted by a Service User via the app JobPro Home, which will then be disseminated to relevant Service Professionals in the region.

9.    “Service Professional”, “Pro” or “Service Provider” means any individual or company that has signed up to offer their Service to the general public and to Service Users via the app JobPro Team;

10. “Submitted Content” is defined in Clause 6.1;

11. “Data” is defined in Clause 13.1;

12. “Marks” is defined in Clause 13.1;

13. “Platform Usage Fee” is defined in Clause 17.1;

14. “Terms of Use” refer to these Terms of Use, Privacy Policy and any Additional Policies as may be modified from time to time;

15. “user”, “you” and “your”, as applicable, means a person who accesses, uses, and / or participates in the Apps in any manner, whether as a Service User or Service Professional; and

16. “Website” means (i) the websites bearing the domain www.jobpro.my and any other related subdomains, microsites and / or web applications owned and operated by Task Tap which may or may not be of similar names; and (ii) any related or ancillary facilities or functions such as e-mails, SMS, newsletters, notifications or other communication or content.

3.    FUNCTION AND PURPOSE

You acknowledge that JobPro Apps function as an online platform for Service Users to connect with Service Professionals for the purposes of transacting to respectively receive and provide Services. JobPro is not itself a Service Professional or a Service User, but rather an intermediary between the two.

4.    USER REPRESENTATION

By using or participating in JobPro, you represent, warrant and undertake that:

1.    you are at least eighteen (18) years of age;

2.    you are or intend to be either a Service User or Service Professional;

3.    you have the authority to enter into and accept these Terms of Use;

4.    all registration or other information that you are required to submit in order to gain full use of the Apps for your intended purpose as a Service User or Service Professional is true and accurate, and that you will maintain the accuracy of such information;

5.    your use of the app JobPro Home and Services offered through the app do not violate any applicable law or regulation which you are subject to; and

6.    you agree to make payment, if required, for any Services requested through the use of the app JobPro Home (if any).

5.    LICENSE TO ACCESS

Task Tap hereby grants you a non-exclusive, revocable license to use JobPro Apps as set forth in these Terms of Use, provided however that:

1.    you will not copy, distribute, or make derivative works of the Apps in any medium without Task Tap’s prior written consent;

2.    you will not alter or modify any part of the Apps other than as may be reasonably necessary to use the Apps for their intended purposes; and

3.    you will otherwise act in accordance with these Terms of Use and with all applicable laws.

6.    YOUR SUBMITTED CONTENT – PROHIBITIONS, REPRESENTATIONS AND WARRANTIES

1.    You shall not upload, submit, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of JobPro Apps including but not limited to (i) your profile; (ii) the submission of your Service Request via the app JobPro Home; or (iii) the posting of any comments or reviews in connection with the Apps, the Service, the Service Professional, or the Service User (collectively referred to as “Submitted Content”) that:

1.    misrepresents the source of anything you post, including impersonation of another individual or entity of any false or inaccurate biographical information for any Service Professional, provides or create links to external sites that violate this Terms of Use, is intended to harm or exploit any individual in any way or is designed to solicit, or collect personally identifiable information of any person without his or her express consent;

2.    invades anyone’s privacy by attempting to harvest, collect or otherwise utilize or publish any of their information without their knowledge and willing consent;

3.    contains falsehoods or misrepresentations that could damage JobPro, Task Tap or any third-party;

4.    is pornographic, harassing, hateful, illegal, obscene, defamatory, libellous, slanderous, threatening, discriminatory, racially, culturally, or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence, encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law, promotes racism, hatred or physical harm of any kind against any group or individual, contains nudity, violence or inappropriate subject matter, or is otherwise inappropriate;

5.    is in whole or in part copyrighted, protected trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Task Tap all of the license rights granted therein;

6.    is intended to threaten, stalk, defame, defraud, degrade, victimise, or intimidate an individual or group of individuals for any reason or to incite or encourage anyone else to do so;

7.    intends to harm or disrupt another user’s device or phone, or would allow others to illegally access software or bypass security on websites or servers through any means;

8.    advertises or solicits a business not related to or appropriate for JobPro (as determined by Task Tap in its sole discretion);

9.    contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;

10. contains advertising for Ponzi schemes, discount cards, credit counselling, online surveys or online contests;

11. distributes or contains viruses or any other technologies that may harm the Apps, or the interests or property of JobPro users;

12. contains links to commercial services or websites, except as allowed pursuant to the Terms of Use;

13. is non-local or irrelevant content; or

14. contains identical content to other open Service Requests you have already submitted, or uses any form of automated device or computer programme that enables the submission of Service Requests without the express written consent of Task Tap.

2.    You will not send messages to other JobPro users whom you have made contact with via or through the Apps containing:

1.    offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or

2.    unsolicited advertising or marketing of a service that is (i) not offered on JobPro; or (ii) is offered on an external website.

3.    While using JobPro Apps, you shall not:

1.    violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;

2.    fail to deliver payment for Services purchased by you after the Service has been rendered to you and the Service Professional you hired marked the Service you requested as complete.

3.    fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon;

4.    circumvent or manipulate any fee structure or billing process that we may have or implement;

5.    post false, inaccurate, misleading, defamatory, or libellous content (including personal information about any JobPro user);

6.    take any action that may undermine any feature that JobPro Apps has or may come up with for the purposes of the Apps; or

7.    leave any untrue or inappropriate feedback about a Service Professional and you shall at all times use careful and good judgment in leaving any feedback.

4.    You are solely and fully responsible for your own Submitted Content and the consequences of submitting or publishing it. You hereby affirm, represent, and / or warrant that:

1.    you own or have the necessary licenses, rights, consents, and permissions to use and authorize Task Tap to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content;

2.    you have the written consent, release, and / or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person; and

3.    you agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Apps.

5.    You retain all of your ownership rights in your Submitted Content. You hereby grant, and you represent and warrant that you have the right to grant to Task Tap a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with JobPro and Task Tap’s business operations, including without limitation, for the promotion and redistribution of any part or all of JobPro Apps (and any derivative works in any media formats and through any media channels).

6.    You also hereby grant each user of JobPro a non-exclusive license to access your Submitted Content through the Apps, and to read and use, such Submitted Content as permitted through the functionality of the Apps and under these Terms of Use.

7.    TASK TAP – DISCLAIMERS AND RIGHT TO REMOVE SUBMITTED CONTENT

1.    Task Tap does not endorse any Submitted Content, or any opinion, recommendation, or advice provided by any JobPro user and Task Tap expressly disclaims any and all liability in connection with all Submitted Content.

2.    Task Tap does not permit copyright infringing activities and infringement of intellectual property rights on JobPro Apps, and Task Tap will remove any Data or Submitted Content in its sole discretion, upon being notified or having reason to believe that an infringement has occurred, without prior notice to the user who has or is suspected to have conducted such infringement. Task Tap may take any action or steps it deems fit in its sole discretion against such infringer.

3.    Task Tap reserves the right in its sole and absolute discretion to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for any and all violations.

4.    You acknowledge and understand that when using JobPro Apps, you will be exposed to Submitted Content:

1.    from a variety of sources and that Task Tap is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content; and

2.    that is or may be inaccurate, offensive, indecent, or objectionable, and you agree to and hereby waive any legal or equitable rights or remedies you have or may have against Task Tap, and agree to indemnify and hold Task Tap, its owners, members, managers, operators, directors, officers, agents, affiliates, and / or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Apps.

5.    You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content, that you publish or display on or through the Apps, or transmit to other JobPro users. You understand and agree that Task Tap may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of JobPro users or others.

8.    SERVICE PROFESSIONALS

1.    If you are an individual using the app JobPro Team and / or have registered for an Account as a Service Professional, you represent and warrant that you have the authority to bind the individual and / or company that is responsible for and operates the business as a Service Professional and your acceptance of the Terms of Use will be deemed an acceptance by that Service Professional.

2.    By signing up, registering or creating an Account on the app JobPro Team as a Service Professional, you agree and undertake to comply with any requests for information which we may make for the purpose of verifying the legality, legitimacy, conduct and proper establishment of your (i) business, company or operations; and / or (ii) provision of your Service.

3.    Service Professionals shall not:

1.    register on the app JobPro Team in a type of Service which they do not offer;

2.    misrepresent the location or region at which they will provide a Service;

3.    include third-party brand names or other inappropriate keywords in their Business Name, Profile or any posting, messages or submission made in or through the app JobPro Team;

4.    use misleading words or phrases that do not accurately describe the Service they provide;

5.    include any information in their Profile that is fraudulent or otherwise incorrect;

6.    do anything to circumvent or avoid any fees that Task Tap may charge;

7.    conduct fraud or misconduct on any promotions or partnerships which Task Tap may conduct;

8.    use their Profile or the app JobPro Team for promoting (i) products or goods; (ii) Services which are not offered by the Service Professional through the app JobPro Team; (iii) Services which are not a recognised type on JobPro; (iv) any website, service, product, party or anything not directly related to their Service or otherwise prohibited by Task Tap in its sole discretion from time to time; or (iv) any services that may be prohibited under law;

9.    solicit Service Users or any person to pay or do anything not specifically permitted by these Terms of Use or by Task Tap as it may in its sole discretion determine from time to time;

10. offer or solicit any Service or do anything that contravenes these Terms of Use, the Privacy Policy or any laws.

9.    SERVICE USERS

1.    Service Users shall not:

1.    commit to purchasing or using a Service with no intention of paying for such Service;

2.    request, use, or otherwise solicit a Service (i) with no genuine intention as at the time of such conduct of following through with your use of or payment for the Service; (ii) for the purposes of using pricing, quotations or other information received in doing so for commercial or competitive purposes, business or market intelligence purposes or general surveying; or (iii) any other non-personal use;

3.    request for or agree to purchase a Service when (i) you know, have reason to believe or have been put on notice that you do not meet the Service Professional’s terms; or (ii) with the intention of causing disruption, committing fraud or other tortious or illegal purpose.

2.    As a Service User, you are advised to exercise reasonable and independent judgement, discretion and care in deciding to hire and engaging with a Service Professional.

10. NO CONFIDENTIALITY

Without prejudice to the Privacy Policy, you acknowledge and agree that Task Tap does not guarantee any confidentiality with respect to any Submitted Content by JobPro users, including without limitation, your Profile or information conveyed, posted or shared by you, that is hosted and / or published on the JobPro Apps.

11. MODIFICATIONS TO TERMS OF USE OR PRIVACY POLICY

Task Tap reserves the right, in its sole discretion, to change, modify or otherwise amend the Terms of Use and any other documents incorporated by reference at any time. It is your responsibility to review the Terms of Use for any changes or updates. Your use of JobPro Apps following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Apps.

12. TERMINATION

1.    Task Tap reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, JobPro Apps or any part thereof with or without notice and in its sole discretion. You agree that Task Tap shall not be liable to you or to any third-party for any modification, suspension or discontinuance of JobPro Service, and the Services offered in JobPro.

2.    You hereby acknowledge and agree that Task Tap in its sole and absolute discretion has the right but not the obligation to delete, terminate, or deactivate your Account, cancel the Apps or otherwise terminate your access to or participation in the use of the Apps or any part thereof, or remove and discard any Submitted Content on the Apps immediately and without notice and for any reason which is may but is not obliged to disclose.

3.    Upon termination of your Account, your right to participate in the Apps in any way shall automatically terminate.

4.    Upon termination the following shall occur:

1.    your Account will be disabled, and you may not be granted access to your Account or any files or other data contained in your Account. However, such residual data may remain in the JobPro system;

2.    all licenses granted to you will immediately terminate;

3.    Task Tap shall not be liable to you or any third-party for any termination of your access to the Apps. Task Tap retains the right to use any data collected from your use of the Apps; and

4.    all related licenses you have granted Task Tap hereunder shall remain in effect for the foregoing purpose. In no event is Task Tap obligated to return any Submitted Content to you. All terms and conditions and rights in favour of Task Tap survive termination and remain in the full benefit of Task Tap.

5.    You agree to indemnify and hold Task Tap, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third-party due to or arising out of the termination.

13. INTELLECTUAL PROPERTY RIGHTS

1.    The content on JobPro Apps and the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by Task Tap or a related corporations of Task Tap (“Group”), subject to copyright and other intellectual property rights under applicable laws and international conventions. Such Data and / or Marks are or may become protected by copyright, trademark, patent, trade secret and other laws, and Task Tap or the Group owns and retains all rights in such Data and Marks. All other trademarks, names and logos on the Apps and the Website are the property of their respective owners.

2.    Data on the Apps and the Website is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

3.    Task Tap or the Group reserves all rights not expressly granted in and to the Apps, the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Apps or the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Apps, the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Apps, the Website or the Data therein.

14. DISPUTES

1.    Your interactions with other JobPro users, whether individuals, companies and / or organizations and whether Service Professionals or Service Users, found on or through JobPro Apps, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such third-party or user. You should take reasonable precautions and conduct any necessary investigation or inquiries you deem necessary or appropriate before proceeding to hire, pay or transact with such third-party or user for any purpose whatsoever.

2.    You understand and acknowledge that deciding whether to:

1.    hire a Service Professional;

2.    use the Services of a Service Professional;

3.    provide Services to a Service User; or

4.    use information contained in any Submitted Content

is your personal decision, for which you alone are responsible for. You understand that Task Tap does not and cannot make representations as to the suitability of any user you may decide to interact with on or through the Apps and / or the accuracy or suitability of any advice, information, or recommendations made by any user.

3.    In the event of any dispute between you and a Service User, Service Professional or any other third-party or user in relation to the Apps, such dispute shall be resolved between you and such Service User, Service Professional or any third-party or user, and Task Tap shall not have or hold any responsibility, liability or obligation in relation thereof.

4.    NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT TASK TAP SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN USERS ON THE APPS, OR BETWEEN USERS AND ANY THIRD-PARTY, YOU ACKNOWLEDGE AND AGREE THAT TASK TAP IS UNDER NO OBLIGATION TO BE INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE USERS OR ANY THIRD-PARTY, YOU HEREBY RELEASE TASK TAP, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND / OR THE APPS OR ANY SERVICE PROVIDED THEREUNDER.

15. ADVERTISEMENTS AND THIRD-PARTY LINKS

1.    Aspects of JobPro Apps, the Website and other JobPro Services may be supported by advertising revenue. As such, Task Tap may display advertisements and promotions of JobPro Services. The manner, mode and extent of advertising by Task Tap on the Apps and the Website are subject to change and the appearance of advertisements on the Apps and the Website does not necessarily imply endorsement by Task Tap of any advertised products or services. You agree that Task Tap shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Apps and the Website.

2.    The Apps and Website may provide, or third parties may provide, links, contact forms and / or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites. You acknowledge and agree that Task Tap is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Apps or the Website, links to third-party sites should in no way be considered as or interpreted to be Task Tap’s endorsement of such third-party sites or any product or service offered through them.

3.    We do not monitor or have any control over and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website.

4.    You further acknowledge and agree that Task Tap shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. Once you leave our Apps or our Website, these Terms of Use no longer govern you and you are advised to check the terms and conditions of those websites. You also acknowledge that it is your obligation to comply with any terms and conditions of any third parties that you may come into contact with either directly or indirectly through the use of the Apps or the Website, and you accept all responsibility thereof. Your dealings and communications through the Apps and the Website with any party other than Task Tap are solely between you and such third-party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third-party.

16. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITIES

1.    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF JOBPRO APPS IS AT YOUR SOLE RISK. TASK TAP, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO WARRANTIES AND / OR REPRESENTATIONS AND DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND / OR CONDITIONS WHETHER EXPRESS OR IMPLIED ARISING OR RESULTING FROM OR UNDER AND IN CONNECTION WITH THE APPS AND FROM YOUR USE OR INABILITY TO USE THEREOF INCLUDING BUT NOT LIMITED TO:-

1.    THE ACCURACY, COMPLETENESS, MERCHANTABILITY, SATISFACTORY QUALITY, UNINTERRUPTED OR ERROR-FREE SERVICE OR OPERATION, CONTINUITY AND AVAILABILITY OF SERVICE OR OPERATION, COMPATIBILITY AND USABILITY WITH THIRD-PARTY OR OTHER SERVICES, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS OF THE APPS OR ANY SERVICE THAT JOBPRO PROVIDES;

2.    ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES IN ANY MATERIAL, CONTENT, MESSAGE, TRANSMISSION OR ACT, WHETHER POSTED, EMAILED, TRANSMITTED, SUBMITTED, ADVERTISED, OFFERED OR OTHERWISE MADE AVAILABLE IN THE APPS (WHETHER BY TASK TAP OR ANY THIRD-PARTY THROUGH THE APPS);

3.    ANY UNAUTHORIZED ACCESS TO OR USE OF THE APPS OR TASK TAP’S SERVERS, DATA OR INFORMATION;

4.    ANY CESSATION, TERMINATION OR DISTURBANCE OF TRANSMISSION TO OR FROM THE APPS;

5.    ANY COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER MALWARE OR BY TRESPASS OR BURDENING NETWORK CAPACITY WHETHER TRANSMITTED TO OR THROUGH THE APPS WHETHER DUE TO THE ACTIONS OF ANY THIRD-PARTY OR OTHERWISE;

6.    ANY TRANSACTION OR TRANSMISSION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES OF ANY KIND IN ANY MEDIUM WHATSOEVER;

7.    ANY HARASSMENT, ABUSE, STALKING, THREATENING, DEFAMATORY, OFFENSIVE, INFRINGING, VIOLATING OR ILLEGAL SUBMISSION, MATERIAL, CONTENT, MESSAGE, TRANSMISSION OR ACT BY ANY USER OF THE APPS OR OTHERWISE.

2.    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TASK TAP, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, GENERAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES OR ANY FORM OF DAMAGE, LOSS OR INJURY IN ANY FORM WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE IN TRANSMISSION OF DATA OR BUSINESS INTERRUPTION REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) ARISING OR RESULTING FROM OR UNDER AND IN CONNECTION WITH THE APPS AND FROM YOUR USE OR INABILITY TO USE THEREOF, INCLUDING BUT NOT LIMITED TO:-

1.    THE ACCURACY, COMPLETENESS, MERCHANTABILITY, SATISFACTORY QUALITY, UNINTERRUPTED OR ERROR-FREE SERVICE OR OPERATION, CONTINUITY AND AVAILABILITY OF SERVICE OR OPERATION, COMPATIBILITY AND USABILITY WITH THIRD-PARTY OR OTHER SERVICES, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS OF THE APPS;

2.    ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES IN ANY MATERIAL, CONTENT, MESSAGE, TRANSMISSION OR ACT, WHETHER POSTED, EMAILED, TRANSMITTED, SUBMITTED, ADVERTISED, OFFERED OR OTHERWISE MADE AVAILABLE IN THE APPS (WHETHER BY TASK TAP OR ANY THIRD-PARTY THROUGH THE APPS, ANY WEBSITE, SUBMISSIONS OR ANY OTHER MEANS);

3.    ANY UNAUTHORIZED ACCESS TO OR USE OF THE APPS OR TASK TAP’S SERVERS, DATA OR INFORMATION;

4.    ANY CESSATION, TERMINATION OR DISTURBANCE OF TRANSMISSION TO OR FROM THE APPS;

5.    ANY COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER MALWARE OR BY TRESPASS OR BURDENING NETWORK CAPACITY WHETHER TRANSMITTED TO OR THROUGH THE APPS WHETHER DUE TO THE ACTIONS OF ANY THIRD-PARTY OR OTHERWISE;

6.    ANY TRANSACTION OR TRANSMISSION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES OF ANY KIND IN ANY MEDIUM WHATSOEVER;

7.    ANY HARASSMENT, ABUSE, STALKING, THREATENING, DEFAMATORY, OFFENSIVE, INFRINGING, VIOLATING OR ILLEGAL SUBMISSION, MATERIAL, CONTENT, MESSAGE, TRANSMISSION OR ACT BY ANY USER OF THE APPS OR OTHERWISE.

3.    YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW, TASK TAP, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBTS AND / OR EXPENSES OF ANY NATURE WHATSOEVER ARISING FROM YOUR USE OF THE APPS, YOUR BREACH AND / OR VIOLATION OF ANY TERM FROM THESE TERMS OF USE, YOUR BREACH AND / OR VIOLATION OF ANY THIRD-PARTY RIGHT OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO COPYRIGHT, INTELLECTUAL PROPERTY, PROPERTY AND / OR PRIVACY RIGHTS.

17. FEES AND TAXES

1.    For Service Professionals, joining JobPro and viewing Service Requests submitted by Service Users are free. However, Task Tap reserves the right at its sole discretion to charge fees to Service Professionals for other facilities of JobPro Service and the use of the app JobPro Team, including but not limited to the fee for getting hired and completing a Service Request or Job from a Service User through the app JobPro Team (collectively referred to as “Platform Usage Fee”). The payment made by a Service User to the hired Service Professional for rendering their Service excludes the Platform Usage Fee. The Platform Usage Fee may be deducted from prepaid JobPro Wallet funds purchased by a Service Professional via the app JobPro Team.

2.    For Service Users, joining JobPro, submitting Service requests and hiring Service Professionals are free. Task Tap currently charges Service Users no fees for transactions completed on JobPro between Service Users and Service Professionals. However, Task Tap reserves the right to charge a fee to Service Users in the future on a per-transaction basis and reserves the right to do so in its sole discretion. Changes to this are effective after Task Tap has provided you with fourteen (14) days’ notice by posting the changes on the Apps.

3.    You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Professional who choose to enter into an agreement for Service. We are not responsible to account for or pay any tax or comply with any laws relating to tax or relevant compliance for any transaction, sale or service provided by any Service Professional to any Service User. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests.

4.    Task Tap may, at its sole discretion, make promotional offers with different features and different rates to any of the Services Professionals or Service Users whereby these promotional offers shall accordingly be honored by you. Task Tap may determine or change the fee as Task Tap deems in its absolute discretion as necessary or appropriate for the business.

5.    Service Users may choose to pay for the Services by cash and where available, by credit or debit card (“Card”), bank transfer or JobPro Wallet funds. In the event that the Service Users choose to pay for the Services by Card, all payments due to Service Professionals for the Services will be channeled to Service Professionals in the agreed quantum within 10 days from the date Task Tap receives the payment.

6.    Task Tap retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where it reasonably believes the Service Users and Service Professionals to be in breach of the Terms of Use between the Service Professionals and Service Users and Task Tap. In such an event, you shall not hold Task Tap liable for any withholding of, delay in, suspension of or cancellation of, any payment to you.

7.    You agree that you will cooperate in relation to any criminal investigation that is required and to assist Task Tap in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations in place.

18. REFUND POLICY

All sales on JobPro are final and non-refundable. Negotiation of Terms of Use; Disputes are between Service Professionals and Service Users.

19. NO AGENCY OR PARTNERSHIP / NOT A PARTY

1.    You hereby acknowledge and agree that Task Tap is NOT a party to any oral or written agreement for Service or any agreement or contract entered into between Service Users and Service Professionals in connection with any Service offered, directly or indirectly, through the Apps.

2.    No agency, partnership, joint venture or employment is created as a result of the Terms of Use or your use of any part of the Apps. You do not have any authority whatsoever to bind Task Tap in any respect. All Service Professionals are independent of Task Tap. Neither Task Tap nor any users of the Apps may direct or control the day-to-day activities of the other or create or assume any obligation on behalf of the other.

20. ENTIRE TERMS

The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by Task Tap on the Website, shall constitute the entire agreement between you and Task Tap concerning JobPro Apps. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

21. GOVERNING LAW

These Terms of Use shall be governed by the laws of Malaysia and you agree to submit to the jurisdiction of the courts of Malaysia in the event of any claims or disputes.