Terms and Condition

TERMS AND CONDITIONS

The following Terms and Conditions apply to your access and the use of this website and the services provided herein by Lekir Tech. By accessing any page of this website and/or using the services, you agree to be bound by these terms and conditions without limitation or qualification.

You further agree to comply with and be bound by, our Operating Policies and Procedures as notified to you as such may be amended from time to time.

If at any time you do not accept any or all of the Terms and Conditions or all of the Merchant Service Agreement terms in its entirety, you must immediately discontinue by terminating the service.

1. SERVICE POLICY

Lekir Tech is an Internet Payment Service Provider to enable payment service for merchants. Lekir Tech shall not in any manner whatsoever be construed, at law or otherwise, to owe a fiduciary duty to the Merchant in respect of the payments made by the Customers through the Lekir Tech gateway.

Lekir Tech processes all transactions through the use of its secure SSL encryption network and any other processes made available through its contracted processing platform. Payment shall be initiated via the secure payment processes.

Lekir Tech will give best effort to ensure best practices for the operation of Lekir Tech System. The Merchant agrees and confirms that it shall not hold Lekir Tech, its employees, agents or licensees, liable for any special, incidental or consequential damages arising out of the breakdown of Lekir Tech System.

The provision of the Service and availability of the Platform is subject to the Appropriate Authority and Law, and nothing contained in the Merchant Terms are in derogation of our rights and obligations to comply with such Appropriate Authority and Law.

2. DEFINITIONS AND INTERPRETATIONS

Definitions

Unless the context otherwise requires, the following words and expressions shall have the following
meanings: -

“Affiliate” means any person or entity controlling, controlled by, or under common control of a company. "Control" means the ownership of the equity shares carrying fifty percent (50%) or more of the votes exercisable at a general meeting (or its equivalent) of a company.

“Agreement” or “Merchant Service Agreement” collectively means: -

this Merchant Terms and Conditions/ Merchant Terms;

Merchant Registration Form;

Merchant Onboarding Form;

any terms and conditions provided by Third Party Payment Provider; and

all applicable forms, schedules, and/or annexes.

“Appropriate Authority” or means (i) the federal government of Malaysia, (ii) any state government, or local government, (iii) any agency, authority or instrumentality of any of the foregoing, including any court, tribunal, department, bureau, commission or board, or (iv) the relevant authority in a foreign country, if applicable.

“Charges & Fees” collectively means any or all charges including but not limited to Deposit, Lekir Tech subscription fee, registration fees, onboarding fee, customisation fee, maintenance fee, our charges, charges payable to Third Party Payment Provider, and/or any other payment payable by you to us as specified in your Charges Schedule.

“Charges Schedule” means the schedule included in the Merchant Onboarding Form setting out the Charges & Fees, as amended or updated from time to time.

“Claim” means any demand, claim, action, proceeding or investigation.

“Confidential Information” means: -

any information, whether in written or any other form, which has been disclosed by the Disclosing Party to the Receiving Party in confidence; and

any information, whether in written or any other form, which has been disclosed by the Disclosing Party to the Receiving Party and which by its nature ought to be regarded as confidential which may or may not have been disclosed to the other party under the Agreement, pursuant to the Agreement or otherwise in connection with the Agreement; or that becomes available to the Receiving Party during the term of the Agreement (regardless of whether it is marked in writing as “confidential”), such information to include Settlement Report, Personal Data, information about Consumer, Transactions, Merchant Onboarding Form, Charges & Fees, Settlement Cycle Schedule, Merchant Change Form, Merchant Rate Change Notice, trade secrets and business sensitive information.

“Credit Rating” means information about your credit worthiness, credit standing, credit history or credit capacity.

“Credit Reporting Agency” means a person who carries on a credit reporting business and is registered under the Credit Reporting Agencies Act 2010.

“Consumer” means any end-user who makes any payment to you for goods or services purchased, bills payment, or otherwise makes payment to you through the use of the Service.

“Deduction” means and includes (where applicable): -

Charges & Fees;

Refund;

Chargeback;

fines or fees pass on to us by Third Party Payment Provider;

Third Party Payment Provider charges; and/or

goods and services tax or any other tax of similar nature;

“Deposit” means a sum which you may be required to pay by way of a deposit and as security for the due observance and performance of the provisions of the Agreement, as may be specified in the Merchant Onboarding Form.

“Disclosing Party” means the party disclosing Confidential Information.

“Gateway Service” means electronic payment methods, such as credit or debit card, and/or FPX online banking, provided by Third Party Payment Provider, that allows you to affect transactions.

“Lekir Tech” or “we” or “us” or “ours” means Lekir Tech Sdn Bhd.

“Lekir Tech Website” means the website owned and/or managed by us (as amended from time to time) currently accessible at www.Lekir Tech.com, excluding any external website to which the website points by way of hyperlink or otherwise.

“Lekir Tech Portal” means an administration and reporting tool made available to you via online as part of the Service.

“Law” means Financial Services Act 2013, Bank Negara Malaysia Foreign Exchange Administration Rules, Unclaimed Moneys Act 1965, Anti Money Laundering and Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities 2001, Consumer Protection Act 1999, PDPA, Penal Code, and any law (whether domestic or international), statute, code, rule, guidelines, notices, ordinance, regulation, directive, order, judgment, writ, injunction or decree, and includes any changes in the application or interpretation thereof.

“Losses” means any and all costs, judgments, fees, fines, damages, disbursements, penalties, liabilities, assessments, awards, direct losses, including, out of pocket costs or expenses (including interest, penalty, investigation, legal fees on a solicitor and client basis, accounting or other professional fees, and other costs or expenses reasonably incurred in the investigation, collection, prosecution and defence of any action and amounts paid in settlement) incurred in connection therewith.

“Merchant-Customer Dispute Process Schedule” means the process of resolving any dispute raised by Consumer with you, made available on Lekir Tech Website, as amended or updated from time to time.

“Merchant Bank Account” means a bank account nominated by you and approved by us which we may debit or credit with payments in respect of Transaction and in respect of payment of Charges & Fees.

“Merchant Change Form” means the form provided by us to subscribe to add-on services and/or update your details and information.

“Merchant Onboarding Form” means onboarding of a Merchant form which also sets out the services subscribed, additional information, and includes Charges Schedule, Settlement Cycle Schedule, and any other additional terms and conditions.

“Merchant Rate Change Notice” means the notice in such form provided by us informing you of the changes relating to the Charges & Fees.

“Merchant Registration Form” means the form provided by us (including by way of Lekir Tech Website) and completed in respect of you together with the information requested by us to satisfy Know Your Consumer (KYC) requirements and to allow assessment of your application and ongoing suitability as a business to receive Service from us.

“Merchant Settlement Process Schedule” or ”Settlement Process” means the process of Settlement made available on Lekir Tech Website, as amended or updated from time to time.

“Personal Data” shall have the same meaning as in the PDPA.

“PDPA” means Personal Data Protection Act 2010 and includes its subsidiary legislations, standards and codes of practice.

“Platform” collectively means Lekir Tech Website, Lekir Tech mobile application, our Social Media, and/or any platforms (whether known now or in the future) made available by us from time to time to provide you with Service.

“Promotion” means a special promotion made by us in connection with the Service during the promotional period.

“Promotional Sign” means banners, pamphlets, names or designs approved by us and provided to you from time to time.

“Receiving Party” means the party receiving Confidential Information.

“Refund” means reimbursement or reversal, whether in full or partial, to a Consumer of an earlier Transaction between the Consumer and you.

“Service” collectively means any service provided by us to you, including Digital Wallet Payment Service, Gateway Service, Promotion, and/or any other services made available by us and subscribed by you.

“Service Start Date” means the date on which we start supplying that Service to you and is ready and available for your use, whether or not you are using it.

“Settlement” means payment or transferring of funds by us to a Merchant Bank Account based on the Settlement Report less Deduction.

“Settlement Cycle Schedule” means the schedule included in the Merchant Onboarding Form setting out the completion of Settlement on such time and frequency agreed between the parties.

“Settlement Report” means Transaction history and all relevant information relating to the Transaction obtained from Lekir Tech Portal.

“Third Party Payment Provider” means a financial institution or owner of the channel to which we will route Transaction data for authorisation, clearing and settlement.

“Transaction” or “Transact” or “Transacted” means any transaction between you and Consumer using our Service for the supply of any goods or services from you and any transaction for the Refund of such purchase.

“you” or “your” or “yours” means an entity in the form of any structures which may include but not limited to sole proprietor, partnership, body corporate or governmental bodies and agencies, incorporated under the laws of Malaysia, who acquire the Service as a merchant as described in the Merchant Registration Form and Merchant Onboarding Form.

3. YOUR APPLICATION AND CREDIT RATING

We will only enter into a contract with you if your business is organised in, operating in, or a resident of, Malaysia.

When you submit the Merchant Registration Form, you are requesting us to supply the Service to you. We have the absolute discretion to determine your eligibility and shall have the right to reject your application and/or refuse the provision of Service to you, at any material time, without liability, even if we do not provide you with reason. Our decision is conclusive and binding on you and you have no right to question our decision. We may ask you for a Deposit we deem fit.

You agree that as part of the application process we can check your Credit Rating through a Credit Reporting Agency. We can conduct further credit checks on you while you remain as a subscriber with us. You understand that a credit inquiry could adversely affect your Credit Rating. Subject to any legal requirements under the PDPA to disclose Personal Data to you, we do not have to disclose our credit criteria or the reasons for our decision to you (regardless whether or not it relates to declining your application, providing a restricted Service to you, or otherwise). If you are not satisfied with the information provided by the Credit Reporting Agency, you will need to contact them directly. You are aware and agree that we may report your payment record to any Credit-Reporting Agency at any time.

4. YOUR OBLIGATIONS & ACTIVITIES

Integration

Depending on the Services you subscribed, you shall integrate the Services into your website or system and operate the same in accordance with the relevant process or policy we provide to you.

Promotional

Sign You shall ensure that the Promotional Sign is displayed conspicuously at your site and/or on your website payment pages.

PROHIBITED ACTIVITIES

We will not work with merchants who violate the Law. It is your responsibility to know whether the goods or services you are providing complies with the Law. The sale of illegal, unsafe, or other restricted goods or services, is strictly prohibited. If you supply any goods or services in violation of the Law or any of our policy, we will take corrective actions, as appropriate, including but not limited to immediately suspending or terminating your contract with us. The sale of illegal or unsafe goods or services can also lead to legal action, including civil and criminal penalties.

You must not accept any Transaction: -

that you know, or ought to reasonably know, is illegal; (j) in connection with the sale or exchange of any illegal goods or services or any other underlying Transaction;

(on behalf of a third party (unless we have given you our prior written consent to do so); and/or

accept Transaction whist trading under any company or business name other than that specified in the Merchant Registration Form and Merchant Onboarding Form without our prior written consent.

Investigation

You shall cooperate with us to investigate any suspected illegal, fraudulent or improper activity.

Consumer Protection

We care about our Consumer and as such you should at all times comply with the Consumer Protection Act 1999;

You shall ensure that communication between you and Consumer is exclusively handled using a connection secured against data manipulation in accordance with industry protection standard;

You shall not charge Consumer a processing fee, mark-up or other surcharge for making payments through the Service;

You will take all reasonable steps to assist us in handling a claim by a Consumer;

You represent and warrant to us that your goods or services that you offer will be supplied in accordance with the contract, express or implied, between you and Consumer.

Merchant Bank Account

You shall, at all times during the period that we process Transaction for you, maintain a Merchant Bank Account acceptable to us for the purpose of enabling us to credit payments to you, and to debit any sums payable by you to us, by direct debit or otherwise as required by us. If you require more than one such account, you must obtain our prior written consent.

If you intend to change the Merchant Bank Account, you must give us at least thirty (30) days’ notice prior written notice, accompanied by relevant documentations we required. We shall hold no liability to you whatsoever for any loss caused by any delay in the payment of settlement funds to you due to and/or during such change in the Merchant Bank Account.

Merchant Report

You shall maintain true and accurate records in accordance with applicable Law and to enable us to ensure your compliance with the terms of the Agreement. Such records shall be maintained either:

for the period prescribed by applicable Law for the retention of such records or

throughout the term and for a minimum of seven (7) years after termination of the Agreement, whichever period is the longer.

If you intend to change the Merchant Bank Account, you must give us at least thirty (30) days’ notice prior written notice, accompanied by relevant documentations we required. We shall hold no liability to you whatsoever for any loss caused by any delay in the payment of settlement funds to you due to and/or during such change in the Merchant Bank Account.

You will retain and produce on demand the "Merchant Copy" of the receipt for each Transaction for seven (7) years following the date of completion of the Transaction (or such longer period as the Third Party Payment Provider or applicable Law may require).

Insurance

You shall take out and maintain at your own expense appropriate insurances with a reputable insurance company in respect of your obligations under the Agreement and the goods or services you provide to Consumer.

Security

You shall not, and you shall also ensure your agents and Consumers do not, use any website or Lekir Tech mobile application in any way which might jeopardise the integrity, confidentiality or security of your or your agents' computer system, servers or network used by you to communicate with us, or other computer systems including through disabling devices.

5. NOTICE

The information, materials, functions and contents provided in the pages of this website may be changed from time to time with notice at Lekir Tech’s absolute discretion. Your continued access or use of the website and/or the services provided herein subsequent to any such change will be deemed as your acceptance to those changes.

The information and materials in this website, including but not limited to any services, products, information, data, text, graphics, audio, video, links or other items, are provided by Lekir Tech on an "as is" and "as available" basis. References to information and material contained in this website include such material and information provided by third parties.

The materials, information and functions provided in this website shall not under any circumstances be considered or construed as an offer or solicitation to buy any products or services provided in this website or any other websites linked to this website.

6. NO WARRANTY

Lekir Tech does not warrant or represent, whether expressly or impliedly, including but not limited to the title, merchantability, non-infringement, completeness, correctness, accuracy, satisfactory quality, reliability, fitness of a particular purpose in respect of the website, the information, materials and/or functions therein and Lekir Tech expressly disclaims liability for errors and omissions in such information, materials and/or functions.

7. REFUND POLICY

Charge Back & Disputed Transactions

Lekir Tech shall provide assistance on information about the dispute transaction, the investigation on the Dispute or Chargeback Transaction shall be performed by Royal Police Malaysia and/or Cyber Crime Unit.

Refunds

Where there is Lekir Tech transaction to be refunded to a Customer, the amount will be debited from Merchant account, therefore, Merchant shall through a pre-identified authorised person advice Lekir Tech either by such automated systems as Lekir Tech shall make available to Merchant from time to time, or by hand or post on the Merchant letterhead with the authorised person signature affixed thereto.

8. LIABILITY AND EXCLUSION OF LIABILITIES

You undertake to indemnify us, our directors, officers, shareholders, employees and/or Affiliate and keeps us, our directors, officers, shareholders, employees, contractors, representatives, and/or Affiliate at all times fully indemnified from and against all Claims and Losses, however arising, as a result of

any Transaction or other dealing between you and Consumer;

any breach of or non-performance of your undertakings, representations and warranties or obligations under the Agreement;

Infringement of our intellectual property or third-party intellectual property;

any unauthorized access to any of our Service, Platform, our network or our supplier’s network, through hacking, password mining or any other means;

any fee, fine, penalty or charges levied by Third Party Payment Provider against us due to any act, omission and/or negligence by you in respect of a Transaction and/or the provision of Service to you;

misconduct, fraud, dishonesty and/or negligence on your part in respect of any Transaction or use of our Service;

breach of Confidential Information; and/or

breach of the Law.

We shall not be liable to you for anything of the following: -

any loss or damage which may arise as a result of any failure by you to protect your password or account;

any cessation (permanently or temporarily) in providing any of the Service (or any features within the Service);

the deletion of, corruption of, or failure to store, any Transaction, and other communication data maintained or transmitted by or through Lekir Tech Portal;

any prohibition, interruption, suspension, and/or discontinuance of use of any Service or Platform (whether in whole or in parts);

the payment instructions received contain incorrect or improperly formatted information;

any Transaction made with Consumer;

any suspension or refusal to accept payments which we reasonably believe to be made fraudulently or without proper authorization;

compliance with Law, Appropriate Authority, or non-compliance which may affect the supply of Service, or any part thereof;

any unauthorized access to your account, data, network or system, howsoever arising, even if such unauthorized access is caused by any act, omission and/or negligence on our part and/or that of our directors, officers, shareholders, employees, contractors, representative and/or Affiliate;

any claim for libel, slander, infringement of third-party intellectual property;

a hardware, software or internet connection is not functioning properly;

loss of data; and/or (n) any delay or failure to carry out any obligations under the Agreement if and to the extent that such failure is due to circumstances beyond our control.

Neither party shall be liable to the other party for any loss of revenue, contracts, customers, goodwill or anticipated savings or profits, wasted expenditure, or any indirect consequential, incidental, special, punitive or exemplary losses and/or damages whatsoever suffered incurred and/or sustained by either party due to the breach of the Agreement, any expiration or termination of the Agreement (even if such loss arises directly, naturally or in the usual course of things from any breach, action or inaction in question), whether such liability is asserted on the basis of contract, tort (including negligence or strict liability) or otherwise, even if it has been advised of the possibility of such damages.

Either party (“Indemnifying Party”) will have the obligation and right to defend any claim, action, suit or proceeding brought against the other party (“Indemnified Party”) in so far as it is based on a claim that its goods, product, services and/or material infringes third party intellectual property right (“IPR Claim”). The Indemnifying Party shall indemnify Indemnified Party, against any final judgement entered in respect of such IPR Claim by a tribunal, and/or a court of competent jurisdiction and against any settlement arising out of such IPR Claim.

In the event of such IPR Claim: -

Indemnified Party will notify the Indemnifying Party as soon as reasonably practicable of the IPR Claim;

Indemnified Party will give Indemnifying Party authority for the conduct of the defence and settlement of the IPR Claim and any subsequent appeal, provided always that, Indemnified Party is allowed to engage its own solicitors to act on its behalf at the cost of the Indemnifying Party (on a solicitor and client basis); and

loss of data; and/or (n) any delay or failure to carry out any obligations under the Agreement if and to the extent that such failure is due to circumstances beyond our control.

Consumer Protection

We care about our Consumer and as such you should at all times comply with the Consumer Protection Act 1999;

You shall ensure that communication between you and Consumer is exclusively handled using a connection secured against data manipulation in accordance with industry protection standard;

You shall not charge Consumer a processing fee, mark-up or other surcharge for making payments through the Service;

You will take all reasonable steps to assist us in handling a claim by a Consumer;

You represent and warrant to us that your goods or services that you offer will be supplied in accordance with the contract, express or implied, between you and Consumer.

Merchant Bank Account

You shall, at all times during the period that we process Transaction for you, maintain a Merchant Bank Account acceptable to us for the purpose of enabling us to credit payments to you, and to debit any sums payable by you to us, by direct debit or otherwise as required by us. If you require more than one such account, you must obtain our prior written consent.

If you intend to change the Merchant Bank Account, you must give us at least thirty (30) days’ notice prior written notice, accompanied by relevant documentations we required. We shall hold no liability to you whatsoever for any loss caused by any delay in the payment of settlement funds to you due to and/or during such change in the Merchant Bank Account.

Merchant Report

You shall maintain true and accurate records in accordance with applicable Law and to enable us to ensure your compliance with the terms of the Agreement. Such records shall be maintained either:

for the period prescribed by applicable Law for the retention of such records or

throughout the term and for a minimum of seven (7) years after termination of the Agreement, whichever period is the longer.

If you intend to change the Merchant Bank Account, you must give us at least thirty (30) days’ notice prior written notice, accompanied by relevant documentations we required. We shall hold no liability to you whatsoever for any loss caused by any delay in the payment of settlement funds to you due to and/or during such change in the Merchant Bank Account.

You will retain and produce on demand the "Merchant Copy" of the receipt for each Transaction for seven (7) years following the date of completion of the Transaction (or such longer period as the Third Party Payment Provider or applicable Law may require).

Insurance

You shall take out and maintain at your own expense appropriate insurances with a reputable insurance company in respect of your obligations under the Agreement and the goods or services you provide to Consumer.

Security

You shall not, and you shall also ensure your agents and Consumers do not, use any website or Lekir Tech mobile application in any way which might jeopardise the integrity, confidentiality or security of your or your agents' computer system, servers or network used by you to communicate with us, or other computer systems including through disabling devices.

9. DATA PROTECTION

Your Personal Data If you are a sole proprietor or an individual forming part of a partnership, we will collect and process your Personal Data in accordance with our Privacy Policy. As such, please refer to our Privacy Policy.

Personal Data of Consumer Both parties acknowledge their respective duties under the PDPA, and hereby undertake to comply with their obligations and duties under the PDPA and shall give all reasonable assistance to each other where appropriate or necessary to comply with any obligations arising under the PDPA which may be applicable to the Agreement.

10. LAW AND JURISDICTION

These terms and conditions are governed by and are to be construed in accordance with the laws of Malaysia. By accessing this Website and/or using the services provided herein by Lekir Tech, you hereby submit to the exclusive jurisdiction of the courts in Malaysia in all disputes arising out of or relating to the use of this Website.

11. INTELLECTUAL PROPERTY

Except as expressly stated, nothing in the Agreement shall grant or be deemed to grant to any party any right, title or interest in any logos, trademarks, trade names or other intellectual property licensed to that party by the other party.

In using the other party’s intellectual property (or intellectual property licensed to that other party by a third party), each party shall follow the other party’s reasonable instructions having regard to the purpose of such use under the Agreement and the jurisdiction in which the other party’s intellectual property is used. With respect to intellectual property owned or licensed by a third party, you shall also follow instructions given by the third party. You shall not use such intellectual property in a way that is or may be detrimental to the business or brand of the third party.

Each party warrants and represents that it owns or has the right to use and sub-licence any intellectual property which it uses or licenses for use to the other party.

Without prejudice to our right to give instructions under Clause 11.3, we reserve the right at any time and in its sole discretion to require you to stop displaying, distributing or otherwise making use of the Promotional Sign, and/or intellectual property licensed to you by us.

12. OUR RIGHTS TO MAKE CHANGES

We can change any terms and conditions of this Merchant Terms, and any other terms and conditions which are made available on Lekir Tech Website, at any time with notice. When changes are made, it will be effective immediately upon posting on Lekir Tech Website. You understand and agree that if you continue to maintain an account with us after the date or continue to access and/or use the Service, on which such terms have changed, we shall treat you as having accepted those changes.

Any term or condition in your communication or other documentation supplied by you which is different from, in addition to, or inconsistent with any term or condition specified herein is hereby objected to and rejected, and unless hereafter specifically accepted in writing by a duly authorized our representative with power to bind us, such term or condition will not be binding on or effective against us.

We are also constantly evolving in order to provide the best possible experience and information to you and Consumer. As such, you acknowledge and agree that the form and nature of our Service may change from time to time. As part of this continuing process, we may stop (permanently or temporarily) providing any of the Service (or any features within the Service) to you. We will provide you with advance notice. We shall not be liable for such change or discontinuance.

13. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

use a buying agent or purchasing agent to make purchases on the Site.

use the Site to advertise or offer to sell goods and services.

circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

engage in unauthorized framing of or linking to the Site.

trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

make improper use of our support services or submit false reports of abuse or misconduct.

engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

attempt to impersonate another user or person or use the username of another user.

sell or otherwise transfer your profile.

use any information obtained from the Site in order to harass, abuse, or harm another person.

use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

delete the copyright or other proprietary rights notice from any Content.

copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

use the Site in a manner inconsistent with any applicable laws or regulations.

14. PROHIBITED ITEMS

Firearms, Weapons, or Ammunition

Drugs, Drug equipment & Drug test prevention aids & comma; Narcotics or Steroids

Fireworks & Hazardous materials

Miracle Cures

Forex & Currencies

Pornographies, Adult Content, Escort Services & Sexually Oriented Materials or Services

Counterfeits & Replica Goods

Items or Downloads that Infringe or Violate Copyright, Trademark, Right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction and File sharing services

Tobacco and Alcohols

Pyramid or Ponzi Schemes, Matrix Programs & Other “GET RICH QUICK” Schemes, and Investment Schemes

Telemarketing

Time-sharing

Gold bars

Items that promote hate, racism, religious persecution, and offensive content

Items encouraging illegal activity

Human remains and body parts

Unlicensed Multi‐level marketing

Stolen goods including digital and virtual goods

Obscene items

Associated with purchases of annuities or lottery contracts, lay‐away systems, off‐shore banking, or transactions to finance or refinance debts funded by a credit card

Payment aggregators

Associated with the sale of traveler′s checks or money orders

Check cashing businesses

Provide certain credit repair or debt settlement services, credit transactions or insurance activities

Involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent

Gambling, gaming, and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes

Direct‐marketing‐subscriptions

Involve rebate‐based and up‐selling businesses