Term & Condition of Service


This Agreement applies your use of the [ ] web site ("ZYGY") and any related services or products ("Service(s)"), a service provided by NERVESIS SDN BHD This Agreement affects your rights and should be read carefully.

In this Agreement, "you" or "your" means any person or entity using the Service ("User(s)"). Unless otherwise stated, "we", "our" or "us" refer to NERVESIS SDN BHD.

By checking the consent box on the account signup page, you represent that you understand and accept the terms and conditions of this Agreement governing your use of the ZYGY portal. We reserve the rights to amend this Agreement at any time by posting the amended terms to our site, and your continued use of the Service will constitute acceptance of the amended terms.

1. Services

The ZYGY Gatekeeper A Personal Assistant platform that logs into multiple websites, collating personal notifications and organising them into one place to be actioned. Kindly refer to the About page on our website to learn more about the ZYGY Gatekeeper.

2. Membership Eligibility

Age: This Service is available to, and may only be used by, individuals who are 18 years and above. Individuals under the age of 18 can use this Service in conjunction with and under the supervision of a parent or legal guardian. In such event, the parent or legal guardian will be responsible for any and all activities of the individuals.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by the relevant policies in relation to the Service.

Fees Policy

Privacy Policy

Password: Keep your account password secure at all times. You are fully responsible for all activities, liabilities and damage resulting from your failure to maintain the confidentiality of your password. You agree to immediately notify us of any unauthorized use of your password or any breach of security. You also agree that we will not be liable for any loss or damage arising from your failure to keep your password secure.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.

Account Transfer: You may not transfer, assign or sell your ZYGY Portal account and User ID to another party without our prior written consent. If you are registering as a business entity, you guarantee in your personal capacity that you have the authority to bind the business entity to this Agreement.

Right to Refuse Service: We deserve the right, in our sole discretion, to reject or refuse any membership application.

3. Service Fees

Membership application and subscription to the Service is subject to the fees listed in the Fees Policy.

4. Limitations

Please note that we are not directly involved in the supply of items listed on ZYGY Portal and have limited interaction between buyers and sellers on the ZYGY Portal. As a result, we have no control over the quality, safety, morality or legality of any aspect of the items listed. We also do not have control over the accuracy of the listings or the ability of the sellers to sell and deliver items listed. We cannot ensure that a buyer or seller completes a transaction entered into.

Consequently, we do not transfer legal ownership of items from the seller to the buyer. We cannot guarantee the true identity, age and nationality of a User. You are encouraged to communicate directly with potential transaction partners through the tools available on the ZYGY Portal. You may also wish to consider using a third party escrow service(s) that provides additional security.

You agree that the ZYGY Portal is an online marketplace host and as such is not responsible or liable for any content posted on the marketplace including but without limitation data, text, information, username, graphics, images, photographs, profiles, audio, videos, and links posted by Users or third parties on the ZYGY Portal.

5. Limited License

Subject to the terms and conditions set forth in this Agreement, you are granted a non-exclusive and non-transferable limited right to access, use and display materials on the ZYGY Portal. You agree not to interrupt or attempt to interrupt the operation of the ZYGY Portal in any way.

You are authorized to view and download the information displayed on the ZYGY Portal ("Materials") for your personal use only and such Materials shall not be used for commercial purposes. This authorization is not a transfer of title in the Materials and any copies thereof and is subject to the following restrictions:

1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;

2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and

3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the ZYGY Portal as it may be updated from time to time. The ZYGY Portal, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this ZYGY Portal and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

6. Intellectual Property Rights

Copyright

All content and functionality relating directly to the ZYGY Portal itself (excluding third-party content uploaded for the purposes of sale on the ZYGY portal), including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of NERVESIS SDN. BHD. or its licensors and is protected by Malaysian and international copyright laws. All rights not expressly granted are reserved.

Trademarks

The trademarks, trade name, service marks, designs, and logos (collectively, the "Trademarks") displayed on the ZYGY Portal are the registered property of NERVESIS SDN. BHD. and its licensors. NERVESIS SDN. BHD. retains all rights, title and interest in and to its

Trademarks worldwide.

You agree that you will not refer to or attribute any information to NERVESIS SDN. BHD. or its licensors in any public medium (e.g., press release, web sites) for advertising or promotion purposes, or for the purpose of influencing or inducing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with NERVESIS SDN. BHD. or its licensors. You may only use the Trademarks with the express permission of NERVESIS SDN. BHD. You shall not use the Trademarks in any manner that is disparaging or that otherwise portrays a negative light. Under no circumstances may you alter, modify, or change ZYGY's and NERVESIS's Trademarks.

7. Information Control

We do not control the Content provided and posted online by Users that is made available on the ZYGY Portal. You may find some contents or items to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

By using the services of ZYGY, you agree to accept any such risks and that NERVESIS SDN. BHD. (and NERVESIS SDN. BHD.'s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and/or all acts or omissions of Users on the ZYGY Portal. Please use caution, common sense, and practice safe buying and selling when using the ZYGY Portal.

Other Resources: NERVESIS SDN. BHD. is not responsible for the availability of outside websites or resources linked to or referenced on the ZYGY Portal. NERVESIS SDN. BHD. does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that NERVESIS SDN. BHD. 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources.

8. Policies

You agree to adhere to all of the policies in relation to the ZYGY Portal, including but not limited to the ZYGY Portal Buying & Selling Guide; Fees Policy and Privacy Policy.

9. User Postings

You acknowledge and agree that NERVESIS SDN. BHD. shall have the unrestricted right to use, publish, and otherwise exploit any and all information that you post (save and except for content uploaded for the purposes of sale on the ZYGY Portal) or otherwise publish on the ZYGY Portal in postings, survey responses, and otherwise, and you hereby waive any claims against NERVESIS SDN. BHD. for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with NERVESIS SDN. BHD.'s use and publication of such submissions. You covenant that you shall not post or otherwise publish on the ZYGY Portal any materials that:

(a) are threatening, libelous, defamatory, or obscene;

(b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law;

(c) infringe the intellectual property, privacy, or other rights of any third parties;

(d) contain a computer virus or other destructive element;

(e) contain advertising; or

(f) constitute or contain false or misleading statements.

We do not and cannot review all information posted on the ZYGY Portal by Users and is not responsible for such information. However, we reserve the right to refuse to post and the right to remove any information, in whole or in part, for any reason whatsoever.

10. Prohibited, Questionable and Infringing Activities

You are solely responsible for your conduct and activities on the ZYGY Portal and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (collectively, "Contents") that you submit, post, and/or display on the ZYGY Portal. You agree to use the ZYGY Portal only for lawful purposes. You agree not to take any action that might compromise the security of the ZYGY Portal, render the ZYGY Portal inaccessible to others or otherwise cause damage to the website or the content therein. You agree not to add to, subtract from, or otherwise modify the content of the website, or to attempt to access any content that is not intended for you. You agree not to use the website in any manner that might interfere with the rights of third parties.

11. Access and Interference

The ZYGY Portal may contain robot exclusion headers which contain internal rules for software usage. Much of the information on the ZYGY Portal is updated on a real-time basis and is proprietary or is licensed to us by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the ZYGY Portal for any purpose without our prior express written permission. Additionally, you agree that you will not:

(a) take any action that imposes, or may impose an unreasonable or disproportionately large load on the ZYGY Portal infrastructure;

(b) copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your own Content and other allowed usage as set out in the Dos & Don'ts of ZYGY" from the ZYGY Portal without our prior expressed written permission and the appropriate third party, where applicable;

(c) interfere or attempt to interfere with the proper working of the ZYGY Portal or any activities conducted on the ZYGY Portal;

(d) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the ZYGY Portal.

12. Privacy

Except as provided in our "Privacy Policy" we will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.

13. No Warranty

WE AND OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND/OR SUBCONTRACTORS PROVIDE THE SERVICE ON A "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS OR IMPLIED. WE AND OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND/OR SUBCONTRACTORS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION OBTAINED (WHETHER ORALLY OR WRITTEN) BY YOU FROM US SHALL CREATE ANY WARRANTY.

14. Limitation of Liability

IN NO EVENT SHALL WE OR OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND/OR SUBCONTRACTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR CONDUCT OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, THE SERVICE OR THIS AGREEMENT, INCLUDING BUT WITHOUT LIMITATION TO LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND/OR SUBCONTRACTORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.

15. Indemnification

YOU AGREE TO INDEMNIFY AND HOLD US, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND/OR SUBSCONTRACTORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES MADE BY THIRD PARTIES DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR YOUR USE OF THE SERVICE OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

16. Breach

Without prejudice to any other remedies, we may, without notice, and without refunding any fees paid, delay or immediately remove Content(s) posted by a User, warn the ZYGY Portal community of a User's actions, issue a warning to a User, temporarily suspend a User, temporarily or indefinitely suspend a User's account privileges, terminate a User's account, prohibit access to the ZYGY Portal, and take technical and legal steps to keep a User off the ZYGY Portal and refuse to provide services to a User if we suspect that (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise)

(i) a User has breached this Agreement, the Privacy Policy, the Dos & Don'ts of the ZYGY Portal, or other policy documents and community guidelines incorporated herein; or

(ii) we are unable to verify or authenticate any of your personal information or Content; or

(iii) we believe that you are acting inconsistently with the letter or spirit of our policies, has engaged in improper or fraudulent activity in connection with the ZYGY Portal or the actions may cause legal liability or financial loss to the ZYGY Portal Users or to NERVESIS SDN. BHD.

17. No Guarantee

We do not guarantee continuous, uninterrupted access to the ZYGY Portal, and operation of the ZYGY Portal may be interfered with by numerous factors outside our control. We further cannot and do not guarantee or warrant that files or items available for downloading through this website will be free of infection by software viruses or other harmful computer code, files or programs.

18. Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the ZYGY Portal.

19. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

20. No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement

21. Variation

We reserve the right to modify or terminate the Service for any reason, without notice, at any time. We also reserve the right to alter the terms of this Agreement and/or the relevant policies regarding the Service at any time. If the alterations constitute a material change to the terms of this Agreement, we will notify you via email at your last known email address. What constitutes a "material change" will be determined at our sole discretion, in good faith, and using common sense and reasonable judgment.

22. Third Party Sites

We may provide, on the ZYGY Portal, links to web sites operated by other entities. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We make no warranty or representation regarding, and do not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we or the site sponsors, endorses, is affiliated or is associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed on or accessible through the links, or that any linked site is authorized to use any of our trademark, trade name, logo or copyright symbol or any of our affiliates or subsidiaries.

23. Governing Law & Jurisdiction

Your use of this ZYGY Portal and the operation of the terms and conditions contained herein shall be governed in accordance with the laws of Malaysia. Any dispute arising out of or in relation to this ZYGY Portal, including these terms and conditions shall be subject to the exclusive jurisdiction of the Malaysian courts.