Please read the following terms and conditions (“Terms”). Your acceptance of these terms and conditions is an absolute condition of your access to and use of the services, website, and mobile application(s) (collectively the “Service”) offered by PopDQ Sdn. Bhd. (“PopDQ”, “We”, “Us”, “Our”). By accessing and using any Service or part thereof, you agree to be bound by the Terms herein. PopDQ reserves the right to change the Terms at any time without prior notice, and you agree to be bound by such changes. If you do not agree with the Terms or any changes thereto, please cease using the Service immediately.
1. The Service
PopDQ is a question-and-answer platform designed to share queries, responses, opinions, posts and to enable individuals to communicate online through various media including text messaging picture, audio and/or video sharing.
2. Access and Use of the Service
In order to use and access the Service, you will be required to register an account with PopDQ. If you choose to register for the Service, you must agree to provide and maintain true, accurate complete and up-to-date information about yourself, including your name as stated on your identification card upon registering your account on PopDQ. You agree that all passwords to your account on PopDQ are to be held in the strictest of confidence. You may not share or disclose any password or log in information to any other user or third party other than as specifically provided for in these Terms of Service.
We reserve the right, at our sole and absolute discretion to modify, change or upgrade the Service; cease providing the Service or features of the Service, to you or to users generally with or without any cause or reason; or create usage limits for the Service thereof at any time with or without notice to you. You agree that PopDQ will not be liable to you or to any third party for any modifications, suspension, limitations or discontinuance of the Service.
3. Contents of Service
“Content” shall mean all text, graphics, images, illustrations, trademarks, logos, sounds, music, videos or artworks. You agree that in connection with your use of the Service, that all Content, user and visual interfaces, applications, computer code and associated documentation, including but not limited to the design, structure, arrangement and "look and feel" of such Content which is uploaded, produced or generated by PopDQ are owned by or licensed to PopDQ and are protected by copyright, trademark and other applicable intellectual property rights and laws. For the avoidance of doubt, the ownership of any Content submitted, uploaded or posted via the Service by you will be retained by you. Unless as expressly provided in these Terms or allowed through the Service, you agree that no part of the Contents produced or generated by PopDQ may be copied, reproduced, sold, republished, transmitted, displayed, reposted or otherwise distributed for personal, public or commercial purposes. The technology and software underlying the Service are the sole and exclusive property of PopDQ, our affiliates and/or our partners (“Software”). PopDQ reserves any / all rights which are not expressly granted herein. The PopDQ name and logos are trademarks and service marks of PopDQ (collectively the PopDQ Marks”) and all rights, title, and interest in and to the Service (excluding Content provided by you and any other users of the Services) are and will remain the exclusive property of PopDQ, the PopDQ Marks and the Service are protected by copyright, trademark, and other laws of both local and international jurisdictions. Except as expressly provided in these Terms, nothing in this Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of PopDQ Marks displayed on the Service. All goodwill generated from the use of PopDQ Marks will inure to Our exclusive benefit.
4. License to PopDQ
You hereby grant PopDQ a worldwide, perpetual, irrevocable, non-exclusive, royalty- free license to use, copy, reproduce, process, adapt, modify, publish, distribute and create derivative work from the Content submitted, posted or displayed by you on or through the Service, by any and all media, distribution methods or means now known or hereinafter devised for any purpose (including promotional, advertising or marketing purpose) without the need for payment of any consideration / compensation thereof to you by PopDQ.
You hereby further agree to grant other users of the Service worldwide, perpetual, irrevocable, non-exclusive rights to distribute, publish, broadcast or share your Content on social media via the Service as provided under these Terms and for PopDQ to make your Content available to others for publication, distribution or broadcast of such Content on other media and services for any purpose, subject to the Terms and without the need for payment of any consideration / compensation thereof to you by the other users of the Service or PopDQ.
PopDQ reserves the right to amend, modify, adapt, or create derivative works from your Content for the purpose of transmitting, displaying or distributing your Content over computer networks and through various media. We may also make changes to your Content as necessary to conform and adapt such Content to any requirements or limitations of any networks, devices, services or media.
Additionally, by uploading the Content to the Service, you warrant, represent and covenant that you have the right to grant us the license described herein in respect of your Content.
5. Conditions of Use
In addition to these Terms, your use of the Services is subject to all applicable laws and regulations. You are solely responsible and liable for your use of the Service in respect of any and all Content that you upload, post, publish, display, email or otherwise use via the Service.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is to be undertaken at your own sole risk and PopDQ expressly disclaims any and all liability in connection with your use of the Service. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service.
Under no circumstances will PopDQ be responsible or liable for any use of your Content pursuant to these Terms, and PopDQ reserves the right (but will not have an obligation) to investigate and take appropriate legal action as it deems necessary against any individual or entity who, as determined in our sole discretion, violates these Terms, including without limitation, editing and/or removing the offending content from the Service, suspending or terminating the account of such violators, reporting offenders to the relevant law enforcement authorities, and pursuing other remedies available under equity or law.
PopDQ also reserves the right to access, analyze, preserve, and disclose in good faith any information or Content that it is reasonably necessary to (i) satisfy any applicable law, regulation, legal process or governmental orders; (ii) enforce or administer our agreements with users (such as these Terms), including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or security of PopDQ, its users and the public.
Notwithstanding the above, you understand that by using the Service, you may be exposed to Content which you may find offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will PopDQ be liable for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.
6. Usage Restrictions
You represent, warrant and covenant to adhere to the following restrictions / limitations in respect of the use of the Service:
In the event you breach any of this Terms, we reserve the right to: (i) remove any Content from the Service; (ii) suspend or terminate your account at any time; and/or (iii) seek any legal or equitable remedies or relief available under equity or law.
7. Links to Third Party Sites / Third Party Services
Your Content will be publicly displayed on the Service and through third party services and websites. PopDQ provides links to third-party sites as a convenience to you. PopDQ does not control third party sites or links to third party sites. Links to third-party sites are not an endorsement by PopDQ of such sites. PopDQ shall not be responsible for the content of any linked sites.
You acknowledge and agree that neither PopDQ nor its authorized representatives shall be responsible or liable for such third party sites or links (including the content therein). You assume sole responsibility for any and all risk arising from your access or use of any such third party websites or resources. We are not responsible or liable for the contents of any linked site. You acknowledge that the use of any linked website is at your own risk.
You hereby acknowledge and agree that third parties may advertise or sponsor their goods and/or services through the Service, and you may enter into correspondences with such third parties. PopDQ will not be responsible or liable for any such correspondence, interaction and/or commercial relationship between you and such third parties. You and such third parties shall be solely responsible for such correspondence, interaction and/or commercial relationship. You agree to indemnify and hold PopDQ and its affiliates harmless from and against any demands, loss, liability, claims or expenses (including reasonable attorney fees) arising out of your communication, interaction and/or commercial relationship between you and such third parties.
8. Medical and Legal Answers
The legal or medical answers provided by all PopDQ users (“Legal and Medical Contributors”) are merely for informational purposes only. Under no circumstances shall such answers provided by the Legal and Medical Contributors be constituted as: (i) solicitor - client relationship in respect of legal questions and answers; and (ii) doctor - patient relationship in respect of the medical questions and answers, and shall not be construed as constituting advice that is actionable under any provision of law. TO THE FULLEST EXTENT PERMITTED BY LAW, POPDQ, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, REPRESENTATIVES AND LEGAL AND MEDICAL CONTRIBUTORS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND SHALL NOT BE LIABLE FOR ANY GENERAL, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES EVEN IF SUCH PARTIES HAVE BEEN ADVISED, OR ADVISED OF THE POSSIBILITY, OF SUCH DAMAGES.
PopDQ and/or the Legal and Medical Contributors shall under no circumstances be liable for any damages, costs or losses (including, without limitation, general, punitive, special, indirect, incidental and consequential damages, personal injury / wrongful death, lost profits, or any other damages) resulting from the use of or inability to use the Service or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not PopDQ and/or the Legal and Medical Contributors have been advised of the possibility of such damages. Neither PopDQ nor the Legal and Medical Contributors are liable for any personal injury, including death, caused by your use or misuse of the Site or Content.
Medical Contributors You understand, acknowledge and agree that the Content published by Medical Contributors on the Services are not intended to be medical advice, diagnosis or instructions provided by doctors to their patients. Under no circumstances shall such Content provided by the Medical Contributors be deemed as doctor - patient relationship.
Legal Contributors Under no circumstances shall Content published by Legal Experts in response to any question via the Service constitute legal advice or become subject to legal privilege. The Content is provided for informational purposes only, with no assurance or guarantee that the Content is true, correct, complete or accurate and is not intended, under any circumstance, to establish an attorney-client relationship. No action should be executed, stayed, delayed or deferred based on the Content published by Legal Contributors on the Service.
9. Public Information
You acknowledge and agree that all information and/or Content posted or uploaded by you on the Service are made public and available to be accessed by all persons / users accessing the same. PopDQ shall not be responsible and assumes no liability for any: (i) of your interactions / communication between any PopDQ users / third parties on the Service and/or (ii) information You, any user and/or third party posted or uploaded through the Service, including without limitation any issue relating to secrecy, confidentiality, privacy and defamation.
THE CONTENT AND THE SERVICE ARE PROVIDED ON “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POPDQ DOES NOT WARRANT THAT THE CONTENT AND SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT AND SERVICE ARE WITH YOU. YOU ACCESS AND USE THE SERVICE AND/OR CONTENT AT YOUR OWN RISK. SHOULD THE SERVICE PROVE DEFECTIVE, YOU (AND NOT POPDQ OR AN AUTHORIZED PERSONNEL) SHALL SOLELY ASSUME ALL DAMAGES AND THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Further, PopDQ does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Service or otherwise relating to such materials or on any sites or mobile apps linked to this Service.
Certain jurisdictions do not allow the exclusion of implied warranties; hence the above exclusion may not apply to you.
PopDQ does not supervise, verify or regulate the Content posted via the Service; the answers and messages published by any users of the Service (including you) are the users’ sole creation and responsibility. We do not endorse or guarantee the completeness, legitimacy, truthfulness, accuracy, usefulness or reliability of any answers or information published by the users, nor do we endorse any opinions expressed by them. PopDQ will not be responsible or liable for any Content posted or uploaded by the users through the Service.
You and the users of the Service shall be solely responsible and liable for any and all Content publicly posted or privately transmitted via the Service. PopDQ may not monitor or control the Content posted or uploaded via the Service.
You acknowledge and agree that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will PopDQ be responsible and/or liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service.
You agree to fully defend and indemnify PopDQ, its employees, directors, and officers, and anyone else associated with PopDQ, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, damages, or expenses, including reasonable attorneys’ fees and expenses, arising from the breach of your representation, warranty, obligations herein and/or this Terms.
12. No Waiver
Failure by PopDQ to enforce any provision of this Terms will not be deemed a waiver of future enforcement of that or any other provision.
13. Governing Law
This Terms shall be governed by, and shall be construed in accordance with, the laws of Malaysia without regard to its conflicts of law provisions. All disputes arising in connection with the performance of these Terms shall be settled through friendly negotiations. If the parties are unable to resolve any such dispute within thirty (30) days after the commencement of negotiations, the parties agree to submit the dispute to the exclusive jurisdiction of the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”) in Kuala Lumpur which shall be conducted in accordance with the KLRCA Rules of Arbitration in effect at the time of applying for arbitration. The number of arbitrators shall be one (1). The language of the arbitration shall be English. The arbitral award shall be final and binding upon both parties.
You acknowledge and agree that any breach of any covenant, representations and warranties contained in this Agreement would cause irreparable injury to PopDQ such that damages and remedies under Malaysian Law for any breach of any such covenant would be inadequate. You further acknowledge and agree that the arbitral tribunal may order any interim measure it deems necessary or proper in accordance with the applicable laws of Malaysia, including without limitation, any injunctive or enjoining procedural orders or interlocutory awards.
14. Legal Fees
If PopDQ is obliged to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse PopDQ for its legal fees, costs and disbursements if PopDQ is successful.
Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions.
This Term was originally composed in English and was subsequently translated into other languages. The fidelity of subsequent translations cannot be guaranteed. In case of conflict between the English version and another language version, the English version takes precedence.