Terms And Conditions

1.1 The terms and conditions stated in this document regulate the terms on which the online platform known as Falcon (“Falcon”) that is operated by Nixo Innovations Sdn Bhd (Company No.: 1508959-A) provides image and audio content moderation services to individuals or corporates (“User”) which is a legally binding agreement (collectively referred to as “Terms and Conditions”).
1.2Please read these Terms and Conditions carefully before using the Platform or opening an account on our Platform (“Account”) so that you are aware of your legal rights and obligations with respect to Falcon, its affiliates and/or subsidiaries (individually and collectively, "Falcon", "we", "us" or "our").
1.3 BY USING OUR PLATFORM, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

2.1 By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

3.1 The services on our Platform provides an opportunity for image and audio content moderation to individuals and corporates (collectively ‘’subscriber’’, “you”, “Users” or “Parties”).
3.2 These Terms and Conditions shall only govern the general use of the Platform and the acquisition of services offered on the Platform to its subscribers. These Terms and Conditions should be read in conjunction with our Privacy Policy which will provide separate and detailed terms and conditions in relation to a particular activity.
3.3 Falcon and its associated companies assume no responsibility for any services and/or contractual relationship with any third party involved.
3.4 The marking of the corresponding box on the acceptance of these Terms and Conditions, including following all the steps on our Platform electronically, means acceptance by the User, which shall have the same effect and validity as their handwritten signature. By acceptance of these Terms and Conditions, the User acknowledges being a person with sufficient capacity to acquire the obligations derived from their actions through the use of the Platform, the content of which they have previously read and understood.
3.5 The services provided under these Terms and Conditions shall apply and be available to users that are natural persons, have reached the age of majority and have the capacity to enter into a legally binding contract. For the avoidance of doubt, the legal age of majority is eighteen (18) years and above.
3.6 In the event the Platform has been accessed by a minor, it will be presumed that said access had been made with the prior and express authorisation of their parents, guardians or legal representatives, notwithstanding that Falcon reserves the right to perform as many checks as deemed necessary.
3.7 For the avoidance of doubt, any issue that has not been expressly provided for in these Terms and Conditions shall be understood to be under the purview of Falcon, without prejudice to the application of the provisions of current regulations.

4.1Falcon reserves the right to amend, modify and/or update all or part of these Terms and Conditions with or without any notice. The User shall be solely responsible for keeping themselves informed and updated on any such modification, change, supplemental or update to these Terms and Conditions.
4.2In the event the modification, change, supplemental or update is substantial, the User will be informed and a request for his acceptance or rejection will be sent.

5.1Falcon grants you a limited and revocable licence to access and use the Platform subject to the terms and conditions of these Terms and Conditions. All proprietary content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property'') displayed on the Platform shall be the property of Falcon and where applicable, third-party proprietors identified on the Platform.
5.2No right or licence is granted directly or indirectly to any User accessing the Platform to use or reproduce any Intellectual Property, and no User accessing the Platform shall claim any right, title or interest therein. By using or accessing the Platform you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Platform, its services and content.
5.3You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Platform or its content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
5.4Any software provided by us to you on the Platform is subject to the provisions of these Terms and Conditions. Falcon reserves all rights to the software hereunder. Any third-party scripts or code, linked to or referenced on the Platform, are licensed to you by the third parties that own such scripts or code, not by Falcon.

6.1Access to the Platform is completely free for Users to use the necessary data to make purchases although there are subscription plans available.
6.2Registration is not required to access and navigate on the Platform. However, in the event the User intends to use the content moderation services provided by the platform, the User is required to register or sign up on the Platform. Users can Register or Sign up on the Platform by providing basic important details like Name, E-mail, and Password. If you select a User ID that Falcon, in its sole discretion, finds offensive or inappropriate, Falcon has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other websites or services to which we have enabled access or with which we have tied up or collaborated. Falcon has not reviewed and assumes no responsibility for any third-party content, functionality, security, services, privacy policies, or other practices of those websites or services. If you do so, the terms of service for those websites or services, including their respective privacy policies, if different from these Terms and Conditions and/or our Privacy Policy, may also apply to your use of those websites or services.
6.3The User acknowledges that by creating an Account, the User agrees to the following:
1. That the User shall only log into his own Account and use his own password. Any and all passwords shall also be kept confidential;
2. Ensure that you log out from your account at the end of each session on the Platform to avoid any unauthorised use by any other besides the User;
3. In the event the User notices and/or recognises any unauthorised use of the User’s Account, User ID and/or password, you shall immediately notify Falcon of any unauthorised use of your Account; and
4. Ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you.
6.4 In the event the User fails to adhere to the above, Falcon shall not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Terms and Conditions.
6.5 Falcon reserves the right in our sole and absolute discretion, with or without notice or liability to you or any third party, remove, modify or discard any content that is uploaded by the User through his Account and User ID which Falcon may reasonably believe is necessary. Notwithstanding the above, Falcon may cancel or suspend any transactions associated with your Account and User ID, permanently withhold any sale proceeds, immediately suspend, freeze or terminate your Account and your User ID and/or any other actions that Falcon deems necessary depending on the severity of the situation. These actions may be taken due to the following grounds which include, but not limited to, actual or suspected (a) extended periods of inactivity, as determined by us from time to time, (b) violation of the letter or spirit of these Terms and Conditions, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) using services on the Platform for the purpose of commercial re-sale, or (f) behaviour that is harmful to other Users, third parties, or the business interests of Falcon.
6.6Falcon reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Falcon shall not be held liable for damages or results arising from such cooperation and the User agrees not to bring any action or claim against Falcon. For the avoidance of doubt, use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes or transactions may be referred to law enforcement authorities without notice to you.
6.7Users may also terminate their Account at any time upon notification to Falcon in writing (including via email at support@nixofalcon.com) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced before or after such termination), payment for the services, or the like, and Users must contact Falcon after he or she has promptly and effectively carried out and completed all incomplete transactions according to this Terms and Conditions.
6.8The User represents and warrants that any data provided by the User whilst using the Platform are true, accurate, current and complete. The User further agrees that Falcon shall not be held responsible and shall have no liability to the User and/or third party due to any incomplete, inaccurate or false information and/or data provided by the User. The User shall be solely responsible for any possible consequences, errors and failures that may arise from the lack of data quality or any inaccurate or false data.
6.9Falcon reserves the right to change, modify, suspend or discontinue all or any part of the Platform or any of its services at any time or upon notice as required by local laws. Falcon may release certain services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Falcon may also impose limits on certain features or restrict your access to parts of, or the entire, Platform or its services in its sole discretion and without notice or liability.

7.1 To have access to the API’s, the user must register at Falcon as mentioned in (6)
Some stringent rules and practices should be considered when using these APIs. At no cost will Falcon allow any user to abuse the APIs by mishandling them.

8.1 Falcon is committed to protecting the privacy and security of your personal data. By using the Service, you agree to the collection, use, and disclosure of your personal data in accordance with our Privacy Policy.
8.2 We will only collect, use, and store your personal data for legitimate business purposes, such as providing and improving the Service, communicating with you, and complying with legal obligations. We implement appropriate technical and organizational measures to safeguard your data against unauthorized access, loss, or destruction.
8.3 You have the right to access, correct, or delete your personal data at any time by contacting us. For more details on how we handle your personal data, please refer to our Privacy Policy.

9.1 We may terminate or suspend your account immediately irrespective of the account being free or a subscribed one, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

10.1 Subscribers to the Falcon platform have specific responsibilities that should be adhered to when utilizing the platform's services. These responsibilities include:
1. Compliance: The subscriber must use and adhere to the services outlined in this Agreement and follow the provided documentation.
2. Accountability: The subscriber is responsible for any unauthorized use of the platform or its services.
3. Personal Use: The subscriber is permitted to use the services solely for personal or individual purposes and must not extend access to third parties.
4. Prohibited Use: The subscriber must not use the services or any code for disruptive, harmful, or malicious activities.
5. Legal Use: The services must not be used to store, transmit, or display Subscriber Data for fraudulent purposes or in violation of laws and regulations.
6. Restricted Sharing: The subscriber must not make the services available to others or use them for the benefit of anyone other than themselves.
7. Security: The services must not be used to store, transmit, or display any malicious code.
8. Illegal Activities: The services must not be used in connection with any illegal activities, including but not limited to child abuse.
9. Resale Prohibition: The subscriber is prohibited from renting, leasing, selling, sublicensing, or redistributing the Falcon services or combining them with other services to extend functionality for customers.
10. Competitive Restrictions: The subscriber must not use the services or documentation to develop a service that competes with Falcon.
11. Intellectual Property: The subscriber must ensure that no copyright, trademark, or confidentiality markings are altered, removed, or obscured.
12. Technical Requirements: The subscriber must obtain and maintain the necessary hardware, software, and ancillary services required to connect to and use the Falcon platform.
13. Data Compliance: The subscriber must comply with all necessary consents to allow Falcon to process Subscriber Data and Personal Data in accordance with the Terms and Conditions.

11.1
Once you have registered to Falcon, you can now navigate your way to find subscriptions and plans.
Apart from the ‘Free’ plan which can be used by anyone who has registered, there are other plans also available namely ‘Basic’, ‘Standard’, ‘Premium’, ‘Advance’, ‘Supreme’, and ‘Custom Package’. All these packages provide content and audio moderation along with E-mail support and the number of calls depending upon the plan you have subscribed to.

12.1 After choosing your plan, you can subscribe to the plan in the ‘Billing’ section of the Falcon content moderation platform. You can make payments using your credit or debit card by providing the required information. Transactions are made under US Dollars. The payment for the subscription shall be deducted every month.
12.2 Regarding the "Payment Method" tab, the User must only choose the intended payment method from among those offered by Falcon on the Platform, which is debit/credit card (VISA or Mastercard) through the payment service provider available on the Platform. For the avoidance of doubt, Falcon will not have access to the User’s bank details as these are being directly managed by the Payment Gateway. The User is informed that payment through any of these modalities may be subject to particular conditions of these providers. Falcon recommends that the User read, know, and accept the particular conditions of the Payment Gateway that are independent of these Terms and Conditions.
12.3 In case, any payment dispute arises, please feel free to contact us at support@nixofalcon.com.
12.4 If you want to terminate your subscription, you can click on the ‘Cancel Subscription’ button from the billing section of Falcon.

13.1 Confidential Information includes any information shared between any two or more than two parties. In the case of Falcon Content Moderation, these include Subscribers data and Falcon services.
13.2 They expand over all the agreement terms, pricing, business plans, documentation, and other related technical data.
13.3 Data that becomes public without any breach is not considered confidential information.
All legal parties involved must take extra care of the information and protect its confidentiality.
13.4 In case of a leak of any confidential information, legal steps as per the existing rules and regulations would be taken immediately.

14.1 Falcon, as managers of the Platform and of marketing the services offered on it, has a customer service available to Users, in which due attention will be given to all queries, complaints, claims and suggestions raised about the purchase of services through the Platform.
14.2 Specifically, the contact channels made available to users are the following:
1. Platform: [www.nixofalcon.com] Available twenty-four (24) hours a day, seven (7) days a week.
2. Email: support@nixofalcon.com Available twenty-four (24) hours a day, seven (7) days a week.
14.3 Once we have received communication from the User, we will try to respond to any claims or queries received as soon as possible, which in no case will exceed fourteen (14) calendar days from the time the User submitted the claim or query.

15.1 The Platform and all of the information and materials included on it, which include but are not limited to, the platform itself, texts, photographs or illustrations, service information, designs, logos, videos, music, sound, audio clips, trademarks, registered trade names, distinctive signs graphics, designs, interfaces, and any other information or content, and the services available through it (“Intellectual and Industrial Property Rights”) are either owned or licensed by Falcon.
15.2 Falcon does not allow violation of the intellectual property rights of brands or other intellectual property rights owners (“IPR Owner”). Except where expressly stated otherwise, the Users are independent individuals or businesses who are not associated with Falcon in any way and Falcon is neither the agent nor representative of the Users and does not hold and/or own any of the merchandise listed on the Platform.
15.3 The access, navigation and use of the Platform and/or the use, acquisition or contracting of services by the User shall not constitute a waiver, transmission, licence or total or partial transfer of such Intellectual and Industrial Property Rights by Falcon. The User shall only be permitted to use the content and/or the services provided on the Platform for his own personal use and solely for the purpose of enjoying the benefits of the service in accordance with these Terms and Conditions.
15.4The User is prohibited from modifying, copying, reproducing, publicly communicating, transforming or distributing, by any means and in any form, in whole or in part, the Intellectual and Industrial Property Rights contained in the Platform, for public or commercial purposes, without the prior written consent from Falcon or the owner of the corresponding rights.
15.5If the User becomes aware of the existence of any data or content that is illicit, illegal, contrary to the law or that could imply an infringement of intellectual and/or industrial property rights, the User shall immediately notify Falcon through the email address: support@nixofalcon.com
15.6If any of the data of the Platform by Falcon or Users violate any intellectual and/or industrial property rights of an IPR Owner, as well as any other rights, kindly write to support@nixofalcon.com with the following information:
1. Identification data and means of contact of the claimant and/or their legal representative of an IPR Owner including name, address, telephone number and e-mail address;
2. Description of the type and nature of intellectual property right that is allegedly infringed;
3. Documentation proving their status as owner of the allegedly infringed rights;
4. Detailed account of the rights allegedly infringed by Falcon, as well as their usage within the Platform;
5. URL(s) which contain the allegedly infringement;
6. Express statement by the claimant that such alleged infringement has been made without the consent of the IPR Owner.
15.7In the event the User sends any kind of information to Falcon through the email provided, the User declares, guarantees and accepts that it is accurate, legal and the User is the owner of the said information. The information shall not infringe any intellectual property right, industrial, commercial secret, confidential information or any other rights of any third party.
15.8Each users agrees to hold Falcon harmless from all claims, causes of action, damages and judgments arising out of any removal of any data or content according to or about any intellectual property infringement claim.

Links to third-party sites

16.1.In the event that links to other third-party web pages through advertisements, buttons, links, banners or embedded content are displayed on the Platform, Falcon shall take no responsibility or be liable for the operation, access, data, information, files, quality and reliability of its services and services and/or any other information provided and managed on the third-party web page.
16.2.In the event the User chooses to access the third-party web page, the User shall be operating at its own risk. The usage of the said web page shall be governed by its terms and conditions, and any queries shall be directed to the relevant operators.
16.3.If the Users have effective knowledge that the activities carried out through these third-party web pages are illegal or contravene morality or public order, the User must immediately notify Falcon so that the link can be disabled, and necessary action will be carried out as soon as possible.
16.4.In all cases, the establishment of any type of link from the Platform to another external web page will not imply that there is any type of relationship, endorsement, collaboration or dependency between the provider and the third-party responsible for said external web page.

Links to Falcon channels on other platforms and social networks

16.5.Falcon makes available links that allow Users to access the channels and pages of the Platform that the provider maintains on different platforms and social networks owned or managed by third parties, which include but are not limited to, Facebook, Twitter, Pinterest and Google+. The inclusion of these links on the Platform has the sole purpose of facilitating users' access to said channels on different platforms and social networks.
16.6.The establishment of these applications does not imply the existence of any relationship between Falcon and the owner, manufacturer and/or distributor of the linked platform, nor the acceptance and approval by Falcon of its data or services. Falcon assumes no responsibility over the platform and the owner, manufacturer or distributor shall be solely responsible.
16.7.The User acknowledges that Falcon does not under any circumstance share with Facebook, Twitter, Pinterest, Google+ or any other applicable social network any type of private information about its users. As a result of this, all the information that the User wishes to provide to these platforms will be under their own responsibility, and Falcon will not intervene in the said process.
16.8.The activation and use of these applications may entail the identification and authentication of the User (login/password) on the corresponding platforms, completely external to the Platform and beyond the control of Falcon. By accessing these external networks, the User enters an environment that is not controlled by Falcon, and it will not assume any responsibility for the security configuration of the said platforms.
16.9. Given that the provider has no control over content hosted on the said platform, the User acknowledges and accepts that the provider does not assume any responsibility for the data and services, advertising, or any other material available.
16.10. For this reason, the User must exercise extreme caution in the evaluation and use of the information and services existing in linked channels, and regarding their own information or that of third parties that they want to share on the platform.

Links on other web pages to the Platform

16.11. Falcon does not authorise the establishment of a third-party link to the Platform from any pages that contain illicit, illegal, degrading, obscene materials, information or content and, in general, that contravene laws, morals or public order, or generally accepted social norms.
16.12. Falcon does not have the ability and/or means to know, control or approve all the information, data or services provided by other web pages that have established links to the Platform. As such, Falcon does not assume any type of responsibility for any aspect related to the web page that links to the Platform, which includes but is not limited to, its operation, access, data, information, files, quality and reliability of its services, its own links and/or any of its Data in general.
16.13. Notwithstanding the above, users may establish links on their respective web pages that lead to the Platform, as long as they comply with the following conditions:
1. The link may not reproduce the content of the Platform or parts of it in any way;
2. They must not create a browser or a border environment on sections of the Platform, nor can the Platform be modified in any other way;
3. They must not make false, inaccurate or incorrect statements or indications about the Platform and/or, in particular, declare or imply that the provider has authorised the link or has supervised or assumed in any way the data or services offered or made available on the web page on which said link is established; and
4. The web page in which the link to the Platform is displayed will not contain illicit information or content, contrary to morality and generally accepted good customs and public order, nor will it contain content contrary to any rights of third parties, including those intellectual and industrial property rights and/or the right to honor, to personal or family privacy or to one's own image or any other right, or content contrary to the regulations governing the protection of personal data.

Disclaimers

17.1. Falcon shall take no responsibility or liability for any information provided by third parties that have been modified, changed and/or removed which may be displayed or informed by third-party sites.

Liability

17.2. Nothing in these Terms and Conditions shall exclude Falcon's liability for:
1. Personal injury or death resulting from Falcon' negligence;
2. Fraud or fraudulent misrepresentation;
3. Breach of any obligations that are required under Malaysia’s Consumer Protection Act 1999 and/or any other applicable consumer law; or
4. Any other cause of action which cannot be limited or excluded under applicable law.
17.3.Falcon' liability with respect to any loss or damages suffered by the User shall only be limited to the total amount spent by the User in purchasing the services. Falcon will not be liable for any losses or damages that are not foreseeably seen by Falcon at the time the contract was formed.
17.4.For the avoidance of doubt, Falcon shall not be liable for any delay or failure to perform any of its obligations under these Terms and Conditions which is caused by a Force Majeure Event, which shall include but not be limited to fire, explosion, floods, acts of God, strikes, curfews, acts of war, terrorism, outbreaks, epidemics, pandemics or movement restrictions, travel restrictions, import and export restrictions or restricted operations imposed by any laws, regulations or guidelines by the relevant authorities or by other causes which is beyond the reasonable control of Falcon.

Limitation of Liability

17.5.The User expressly acknowledges that the User has read, understood and agrees that Falcon shall not be liable to you for any of the following:
1. That the Platform will display and/or continue to display certain or updated data;
2. That the Platform shall meet your requirements and/or expectations;
3. That the Platform and or its data shall be absent from errors;
4. That the Platform may be subject to invulnerability due to the violation and non-adherence of a third party;
5. That the Platform and/or the server is free of viruses, worms, trojan horses or other harmful components;
6. That the Platform shall remain uninterrupted or undisturbed during your use of the same;
7. That the content or information available on, contained in or offered on the Platform are available, accurate or useful;
8. That the Platform is always accessible, accurate, complete, operational, reliable, useful or of quality;
9. Any loss or damage suffered by the User which is the cause of any other party’s failure to adhere to the Terms and Conditions or the Platform’s security system;
10. That the Platform shall operate or function properly on your operating system, mobile device or any other device;
11. That the Platform shall not cause any damage to your operating system, mobile device or any other device.
17.6.However, kindly be informed that Falcon has taken all necessary and reasonable measures to guarantee the operation of the Platform and reduce system errors to a minimum from a technical point of view.
17.7.Falcon does not guarantee the legality, reliability and usefulness of the content provided by third parties through the Platform. If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could imply an infringement of the rights of third parties, the User must immediately notify Falcon so that it can proceed to take the necessary measures.
17.8.Falcon will not be responsible for the veracity, integrity or updating of the information published on the Platform from sources other than the Platform, nor for that contained on other platforms linked from the Platform. Falcon will also not assume responsibility for hypothetical damages that may arise from the use of the aforementioned information.

18.1.Falcon reserves the right to suspend, restrict and/or interrupt, either temporarily or permanently, the User from accessing, browsing, using, hosting and/or downloading any content or use of services on the Platform, with or without prior notice, to Users who contravene or fails to comply with any of the provisions provided under these Terms and Conditions. For the avoidance of doubt, the User shall not be entitled to demand any compensation for the said suspension, restriction and/or interruption.
18.2.In the event Falcon detects any infringement, a commission of a crime and/or misuse of the contents provided on the Platform by the User, Falcon reserves the right to inform and collaborate in a timely manner with the competent police and governmental authorities.

19.1.TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY FALCON ARE PROVIDED "AS IS", “ AS AVAILABLE” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY FALCON OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, CONDITION, DURABILITY, ACCURACY, RELIABILITY MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FALCON DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE PLATFORM AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
19.2.YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PLATFORM AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
19.3.FALCON HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF services AVAILABLE VIA THE PLATFORM;

20.1.The User shall be solely responsible for any damage or loss caused to Falcon, it's subsidiary or affiliated companies, associated companies, licensors, associated service providers and their subcontractors, other users of the Platform, or any other individual or legal entity as a result of your breach or violation, whether directly or indirectly, of the terms of these Terms and Conditions.
20.2. The User hereby agrees to defend, indemnify, keep indemnified and hold harmless Falcon, its subsidiary or affiliated companies, associated companies, licensors, associated service providers and subcontractors against any and all costs, claims, liabilities, losses and/or damages arising out of or in connection with your breach or violation, whether directly or indirectly, of these Terms and Conditions or your use or misuse of the Platform.
20.3 The User reserves the right, at your expense, to exercise exclusive and sole control over the defence, of any matter subject to indemnification by you.

21.1.All communications between Falcon and the User regarding the usage of the Platform and/or any other matters will be made in writing and in accordance with the communication procedures established in these Terms and Conditions for each particular case.

22.1.Falcon may translate these Terms and Conditions and/or any other operating rule, policy or procedure that may be published on the Platform to a different language as may be deemed necessary. In the event there is any contradiction or inconsistency between the English language version and any other translation of these Terms of Conditions, the English language version shall take precedence.

23.1.In accordance with the provisions of the Personal Data Protection Act 2010 on the protection of personal data and guarantee of digital rights, all personal data provided by the User during the use of the Platform will be treated in accordance with the provisions of the Privacy Policy, which the User must expressly accept in order to use and register on the Platform.
23.2. Please refer to our Privacy Policy on our Platform for more detail.

24.1.All the clauses of these Terms and Conditions must be interpreted independently and autonomously. In the event any clause or provision of these Terms and Conditions are held to be illegal, null and/or enforceable under any enactment, legislation rule of law, or court order, such term or provision or part shall to the extent that it has been held to be illegal or unenforceable, be severed and deemed not to form part of these Terms and Conditions. The affected clause or clauses will be replaced by another or others that preserve the effects pursued by the Terms and Conditions of the Platform.

25.1.These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia.

26.1.In the event any dispute, difference, claim or question arises from disputes that arise online in regards to consumer matters, the User can contact Falcon by mail at the electronic or physical address indicated above to inform of such dispute, difference, claim or question. The User and Falcon will commit to seeking an amicable solution by negotiation.
26.2. In the event the dispute, difference, claim or question fails to be settled through negotiation, the parties agree to submit to the exclusive jurisdiction of the Courts of Malaysia.

27.1.Headings: The headings of the different clauses are for information only, and will not affect, qualify or expand the interpretation of these Terms and Conditions. Falcon reserves the right to modify these Terms and Conditions, in whole or in part, as set out in Clause 3.
27.2. Specific Conditions: The contracting of any service and/or payment service offered by Falcon will be regulated by the general and/or particular conditions of each specific service provided for that purpose. In the event of a discrepancy between the provisions of these Terms and Conditions and the particular conditions of each specific service on the Platform, the provisions of the latter shall prevail.
27.3. Waiver: The non-exercise or enforcement by Falcon of any right or provision contained in these Terms and Conditions do not constitute a waiver of the same unless acknowledgement and agreement are expressed in writing.
27.4. Acknowledgement and Agreement: The User acknowledges and agrees that the User has read and understood these Terms and Conditions.

TERMS AND CONDITIONS