Terms & Conditions
Last Updated: 18 December 2022
TERMS AND CONDITIONS OF USE
This website and mobile app (“Platform”) are operated by GrandhubX Technologies Canada.
Please read these Terms and Conditions carefully before you register for an Account and use the Platform and/or our Service(s). These Terms and Conditions are legally binding agreements (“Contract”) between you and GrandhubX Technologies.
By registering for an Account, downloading our App or using our Service(s), you confirm that you accept and agree to comply with, these Terms and Conditions. If you do not agree to any part of these Terms and Conditions, please do not continue accessing or using the Platform and/or our Service(s).
These Terms and Conditions may be amended from time to time. Notice of any changes to these Terms and Conditions will be made available on our website. Please check this page regularly to ensure you are familiar with the current version. By continuing to use the Platform and/or our Service(s), you acknowledge that you accept to be bound by the updated or amended Terms and Conditions. If you do not wish to be bound by them, you should stop using the Platform and/or our Service(s).
|“Account”||means the electronic record of your profile maintained with GrandhubX Technologies.|
|“App”||means the software application named GrandhubX or any other name that may be determined by GrandhubX Tech Canada from time to time which is downloaded into your mobile device.|
|“Customer”||means the user of the Platform and/or the Service(s).|
|“GrandhubX Tech Ltd” or “we” or “us” or “our”||means GrandhubX Technologies.|
|“GrandhubX Tech Credit”||means the digital money stored in the Customer Account, in exchange for the equivalent in cash paid to us.|
|“Force Majeure”||means any event that is unforeseen or unavoidable, beyond the control of the parties to these Terms and Conditions, which prevents a party from performing its duties in whole or in part. These include, earthquakes, typhoons, floods, explosions, war, riots, political unrest, industrial disputes, and changes in the law.|
|“Merchant”||means an independent third party that offers goods or services to the Customer through the Platform.|
means the service provided by GrandhubX Tech via the Platform:
|“Terms and Conditions” or “Contract”||means these terms and conditions of use, as well as additional terms and conditions applicable to Customer and Third-Party Service Provider (“Additional Terms”), which we may at our sole discretion, amend from time to time.|
|“Third-Party Service Provider”||means an independent contractor (e.g. Driver or Rider, Electrician, Barber, Professionally skilled person) that offers Service(s) to the Customer through the Platform.|
|“Transaction(s)”||means the transactions performed by you on the Platform, including the following:
To register for an Account, you must:
- be at least eighteen (18) years old.
- provide information such as your name, contact information, date of birth, and/or your identification card number; and
- such other information as GrandhubX Technologies may require from time to time.
1.2 Provision of Information
You are responsible for ensuring that the information you provide to us is complete, accurate, not misleading, or deceptive, and is kept up to date. You agree to provide all necessary information that we may require for the purposes of verification. We reserve the right to close, suspend or limit your access to your Account or use the Service(s) if we are unable to obtain or verify your information.
Registration for an Account is an indication of acceptance of the Terms and Conditions. If you do not accept all the Terms and Conditions, please do not continue with the registration process.
2. License and Restriction
2.1 GrandhubX Technologies grants you a revocable, non-exclusive, non-transferable, limited license to use and access the Platform and/or use the Service(s) subject to the terms and conditions of this Contract.
2.2 You must not:
- license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit the Platform or otherwise make it available to any third party in any manner whatsoever.
- modify or create derivative works based on the Platform, or disassemble, decompile, reverse engineer, decode or attempt to extract code or software from the Platform;
- publish or reproduce any copyrighted material, trademarks or other proprietary information without the prior consent of the owner of such intellectual property rights;
- use the Platform to send out obscene, offensive, libelous or otherwise unlawful or tortuous content such as spam, unsolicited messages;
- gain unauthorized access to the Platform by impersonating a person or entity; and
- engage in any conduct that may be detrimental to our credibility or that may have caused disreputability.
3. Your Account
3.1 Your User ID and Password
Your registered phone number or e-mail will be the user ID for login into your Account. You will be asked to choose a password for your Account. You must keep this password confidential and must notify us immediately if you become aware that your password or Account have been compromised. We may disable your user ID or password, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.
3.2 Account Not Assignable
Your Account is personal to you. You may not assign or transfer your Account to any third party. The GrandhubX Tech Credit stored in your Account must be used exclusively by you, and no other person have the right of claim to it.
3.3 Account Statement
Your Account statement is available for viewing on your Account. It contains your Transaction(s) history for the past one (1) year. The record of all Transaction(s) on your Account statement is binding and conclusive evidence of your Transaction(s).
You are responsible for checking your Transaction(s) history regularly and to immediately report any irregularities to us. We will not be obligated to investigate any disputed Transaction(s) if it is reported to us in excess of seven (7) days following the date of the disputed transaction.
3.4 Not a Banking Account
You acknowledge and agree that any money credited to your Account is not a deposit or a loan to us and that your Account is not a bank account under the Financial Administrative Act Canada.
3.5 Use of Your Account
You will be personally liable and responsible for the use of your Account, including but not limited, to all Transaction(s) undertaken and/or transacted using the Account. You agree not to hold us liable for any loss or damage whatsoever arising from your failure to keep information relating to your Account secure and confidential, or for any acts or omissions under your Account, or from your use of the Service(s).
If other persons access your Account, we will treat this as if you have authorized such use and you will be responsible for any Transaction(s) and fees incurred by such use. You must notify us immediately if you are aware of any unauthorized use of your Account.
3.6 Closing Your Account
You may close your Account at any time by contacting our Customer Support via LiveChat or email email@example.com within the App with a request to close your Account. Our Customer Support contact details can be found in Clause 12.2.
4. Your Responsibilities
4.1 Compliance with Terms and Conditions and Laws
You will use your Account and the Service(s) in good faith and in compliance with these Terms and Conditions and all applicable laws and regulations.
4.2 Payment of Taxes
You will be solely responsible for payment of any taxes, duties or other levies or charges that may be imposed on any goods or services purchased or supplied through the Service(s).
4.3 Restricted Activities
You must not intend or use your Account or our Service(s):
- to transact, pick-up, request, send, deliver or store any unlawful material and/or contraband items such as pornographic related items, items that directly and indirectly support gambling/betting/lottery or the equivalent, narcotics, psychotropic, items with addictive content, items with alcohol content, uncertified electronic items, weapons, human organs, explosive materials, prohibited or endangered plants or animals, drugs or medicines, prescribed drugs/medicine, drugs/medicines that do not have a distribution license, cigarette or tobacco related items or any item for fraudulent purposes;
- to cause nuisance, annoyance, inconvenience or make fake bookings or cancellations or transactions;
- to contact the other user for reasons other than those related to the Service(s);
- to cause or attempt to cause damage to the property of the other party;
- to defraud any person or to impersonate any person or entity or to falsely state or misrepresent your affiliation with any person or entity;
- to provide false, fraudulent, inaccurate or misleading information;
- to facilitate any sale or purchase of any goods and/or services which infringe the intellectual property or other proprietary rights of any third party or prohibited goods and/or services.
- to attempt to gain unauthorized access to or otherwise interfere or disrupt the computer systems or networks connected to the Platform or Service(s);
- to distribute viruses, trojan horses, worms, or other computer programming technologies.
- for any purpose or activity which is unlawful, illegal, fraudulent or harmful, or in connection with any purpose or activity which is unlawful, illegal, fraudulent;
- in a manner which infringes on GrandhubX Tech or any third-party’s copyright, patent, trademark, trade secret or other intellectual property rights, or any other rights;
- in any manner which avoids, bypasses, removes, deactivates, impairs, descrambles or otherwise circumvents any technological measure implemented by us or any of the service providers or any other third party (including other users) appointed by us to protect our ability to provide the Service;
- in a manner that may result in complaints, disputes, claims, penalties or other liability to GrandhubX Tech, other users or third parties;
- in a manner that is defamatory, libelous, unlawfully threatening or harassing;
- in a manner which interferes with another’s use and enjoyment of the Service(s);
- in a manner which circumvents or manipulates the transactions, fees and/or payments payable for the Services;
- in a manner to persuade, mislead, promise or guarantee anyone to make a payment by promising benefits, sum of credits, earnings, money (or any money) from their use of GrandhubX Tech (including the GrandhubX Tech Affiliate Program); and
- in a manner which breaches the Terms and Conditions, or violates any laws or regulations.
5. GrandhubX Technologies Rights
5.1 Changes, Suspension and Withdrawal of Our Service(s)
We may occasionally update and change the whole or any part of the Platform and the Service(s). We are not able to guarantee that the Service(s), or its contents, will always be available. We may suspend or withdraw or restrict the availability of all or any part of Service(s) without prior notice for any reasons.
Unless otherwise notified, we may send you notifications relating to promotional and marketing activities from time to time. You may opt-out from receiving any promotional and marketing messages by contacting our Customer Support.
5.3 Our Right to Take Action
If you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending and/or terminating your Account, prohibiting you from accessing your Account and the Service(s), place a hold on any payments and balance of the GrandhubX Technologies Credit held on your account, and/or bringing legal court proceedings against you without any notice.
6. Trademark and Copyright
GrandhubX Tech and related words and logos are trademarks of GrandhubX Technologies Canada. Nothing in this Contract will be construed as granting you, either expressly or by implication, a license or other right to use any such trademark or name or any other intellectual property right belonging to us.
The content and other materials on our website and the Platform are protected by applicable copyright laws. The copying, redistribution, use or publication by you of any such content is strictly prohibited.
7. Disclaimer and Limitation of Liability
The use of the Platform and the Service(s) are provided on an “as is” and “as available” basis. We make no warranties of any kind, whether express or implied, including, but not limited to, availability, accessibility, timeliness and uninterrupted use of the Platform and Service(s), accuracy, completeness, timeliness or security of any data or information provided to you as part of the Service(s), and fitness for purpose, and we specifically disclaim any implied warranties to the fullest extent permitted by law.
7.2 No Liability
GrandhubX Tech will not be liable to you or any person you have booked the Service(s) even if we have already been informed of the possibility of such damages, for:
- any loss, damage or injury resulting from, or in any way related to, the Platform or Service(s);
- use or inability to use the Platform or Service(s);
- any reliance placed by you in the completeness, accuracy or existence of any content of our Platform or Service(s); and
- any dispute between you and the service provider, Merchant or any sponsor whose advertising appears on our website, App or Service(s).
7.3 Third-Party Websites
Our Platform may include links to other third-party websites. Such links are not recommendations, endorsements or approvals. We have no control over the content of those websites or resources and accept no responsibility for them or loss or damage that may arise from your use of them.
7.4 Platform Security and Safety
We will not be liable to you for any losses, damages, costs or expenses whatsoever arising out of or in connection with the use of the Platform or the Service(s) resulting from cybersecurity breaches. You are entirely responsible for taking the necessary precautions (such as downloading suitable virus protection software) to protect yourself and your mobile device from hacking, viruses, malware, or any other harmful computer code or files designed to adversely affect the operation of the Platform and/or your mobile device.
7.5 Aggregate Liability
Unless otherwise stated and to the fullest extent permitted by law, all claims made by you against GrandhubX Tech will not exceed the total amount actually paid by you in connection with the use of the Platform or Service(s).
8.1 Termination by You
You may terminate your Account by following the procedure set out in Clause 3.6.
8.2 Termination by Us
Without prejudice to any other rights and remedies we have under this Contract and/ or at law, we may terminate your Account with immediate effect and without notice if:
- you breach these Terms and Conditions or Contract ;
- we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity or if we have any other security concerns;
- we are required to do so to comply with the law; and
- we cease to be authorised to provide the Service(s).
8.3 Refunds of Unused Credits
If your Account is terminated and subject to any claims or set-offs that we may have, we will refund the unused credits (if any) in your account to the bank account provided by you.
8.4 Unclaimed Credits
Any unclaimed credits remaining in Accounts that have been terminated or inactive for a period of eighteen (18) months will be forfeited and will not be extended.
9.1 Personal Data
We will use and/or disclose information collected from you (“Personal Data”) in accordance to our Privacy Notice and Personal Data Protection Act 2010. Please read our Privacy Notice to understand your rights with regards to your Personal Data.
9.2 Other Data
In addition, we may use non-identifiable and aggregated data (which may include the date and time of your visit, the IP address of your computer or mobile device, your computer or mobile device browser information, the Internet address that you visited prior to and after reaching the Site, the name of the domain and host you used to access the Internet, the type of mobile device you use) for purposes of analysis and benchmarking.
You will indemnify and hold harmless GrandhubX Technology, its directors, officers, employees, and agents from any claims for damages, losses, or expenses (including reasonable legal fees) arising from or in connection with your use of the Service(s) and feedback, or from your negligence, misconduct, or breach of this Contract.
12. Communications between Us
Any notice or other communication given by one of us to the other under or in connection with this Contract must be in writing and delivered by e-mail. In proving the service of any notice, it will be sufficient to prove that such e-mail was sent to the recipient's e-mail address.
The provisions of this clause does not apply to the service of any proceedings or other documents in any legal action.
12.2 Customer Support
If you have any questions or requests regarding this Contract or our Service(s), please contact our LiveChat agent within our Apps (Monday to Sunday 9am-12 Midnight). Or email firstname.lastname@example.org
13.1 Assignment and Transfer
We may assign or transfer our rights and obligations under this Contract to another entity (whether related or unrelated) by posting on this webpage if this happens.
If any provision in these Terms and Conditions conflicts with the Additional Terms, the Additional Terms will take precedence.
13.2 Force Majeure
We will not be liable or responsible for any failure or delay in the performance of any of our obligations, including, but not limited to, the non-availability and/or interruption of the Service(s) caused by any act or event outside our reasonable control.
13.3 Law and Jurisdiction
This Contract will be governed by and construed in accordance with the laws of Malaysia, and any disputes relating to this Contract will be subject to the exclusive jurisdiction of the courts of Malaysia.
Each paragraph of this Contract operate separately. If any court or competent authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.5 Third Party Rights
A person who is not a party to this Contract does not have the right to enforce this Contract.
If we do not enforce our rights against you, or if we delay doing so, it does not mean that we waive our rights against you. If we waive any rights, we will do so only in writing, and that does not mean that we will automatically waive any subsequent or ongoing breaches.
Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of the other party in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction.
GrandhubX Tech Ltd’s personnel are a valuable asset and are difficult to replace. Customer agrees that, during the term of this Agreement and for a period of one (1) year after its termination, Customer will not solicit, without the prior written consent of GrandhubX Tech Ltd, i) encourage, or induce any employee of GrandhubX Tech Ltd to leave his or her employment, or ii) offer employment or engagement (as an employee, independent contractor, or consultant) to any of GrandhubX Tech Ltd’s employees. General advertisements not specifically directed at GrandhubX Tech Ltd’s employees, or an offering employment to an employee responding to the same, shall not be prohibited.
1. Use of the Service(s)
You acknowledge and accept that GrandhubX Tech is a technology company that provides a platform to connect the Customer to Third-Party Service Provider and Merchant. You understand that we are not a retailer or delivery/ transport service provider and that it is the duty of Third-Party Service Provider or Merchant to provide you with the goods and services concerned.
In using the Platform and the Service(s) you authorize:
- the deduction of the GrandhubX Tech Ltd Credit from your Account for non-cash payment; and
- us to use and/or disclose your Personal Data in accordance with The Canada’s New Consumer Privacy Protection Act (CPPA) and use non-identifiable and aggregated data for purposes of analysis and benchmarking.
1.3 Account Limit and Balance
For non-cash or credit/debit card payment, there must be sufficient GrandhubX Tech Credit in your Account before using the Service(s) (including any taxes and other applicable fees or charges) failing which Grandhub TechX Ltd reserves the right to block, reject or decline the Transaction(s).
We may limit the amount or number of Transaction(s) you can make through your Account for any reasons.
1.4 Applicable Fees and Charges
We reserve the right to impose any charges, fees or subscriptions for the use of certain Service(s), if required, by deducting from your Account. You will be responsible for all fee and/or charges imposed by certain payment networks for using their channels to perform Transaction(s), and standard telecommunications charges will be applied when using the Services(s).
1.5 No Representation
The Platform and Service(s) are made available by GrandhubX Tech at its absolute discretion. We make no representations, warranties or guarantees that:
- the content on our Platform is accurate, complete or up to date;
- that the Platform and any subsequent revisions, modifications, updates, upgrades or versions is and would be compatible with your mobile device; or
- the Platform or the Service(s) will remain available.
1.6 Our Rights Reserved
We reserve the right to block or decline any Transaction(s) at our sole and absolute discretion without assigning any reason.
We may deactivate or restrict access to the Account if you have not made a transaction on the Account for twelve (12) months from the last transaction date.
1.7 Opting Out From the Service(s)
You may opt-out from the Service(s) at any time by requesting closure of your Account on the Platform via our LiveChat or email email@example.com
2. Customer’s Obligations
2.1 Representations Warranties and Undertakings
The Customer represent, warrant and undertake to:
- assist GrandhubX Tech in any investigation to comply with any laws and regulations;
- assume full responsibility and liability for the use of the Service(s) and for any loss or damage that you, GrandhubX Tech or any other party may have suffered as a result of your breach of this Contract;
- provide any proof of identity or other documentation that we may reasonably require or request;
- provide the correct, up-to-date and complete information required for the performance of the Service(s) and maintain and update the information in a timely manner; and
- not carry a pack of more than 10kg in weight and 38 x 38 x 38 cm in size (or such other weight and size limitations published on our website) when using GrandhubX Tech Ltd Ride.
- abide to a maximum combined (rider, passenger, accessories and carried items) weight restriction limit of 150kg for GrandhubX Tech Ride - Bike or Motorcycle.
You may cancel your Service(s) request before the Third-Party Service Provider has been assigned to you.
If you decide to cancel your booking or do not show up at a designated location, a fee may be charged in accordance with our cancellation policy (“Cancellation Fee”). If you feel that the Cancellation Fee has been incorrectly applied, please contact our Customer Support via LiveChat or firstname.lastname@example.org. We reserve the absolute discretion to accept or reject your request.
2.3 Repair and Cleaning Fees
You are responsible for the cost of repairing any damage to or cleaning of the Third-Party Service Provider's vehicle as a result of misuse of the Service(s) or breach of the Terms and Conditions.
GrandhubX Tech Ltd may deduct reasonable amounts from your Account once we have verified the Third-Party Service Provider's request for repair or cleaning.
You are required to pay the full fee for all Service(s) offered by the Platform using the payment method chosen at the time of booking, which may be cash or credit/ debit card or GrandhubX Tech Credit. All payments are non-refundable and irrevocable.
4. Reports, Complaints and Disputes
4.1 Lodging Reports and Complaints
If you wish to lodge a complaint or a report on any matter relating to your Account or our Service(s), including stolen or loss of GrandhubX Tech Ltd Credit, please contact our Customer Support. Loss, theft, or damage of Wallet access (credentials) or Credits are for the risk and account of the User. Lost, stolen or expired Credits won’t be refunded, replaced, or extended.
4.2 Reporting Fraudulent Use or Lost Mobile Device
You must immediately notify Customer Support and report to the police of any loss or stolen items or fraudulent use of your Account.
You are required to make a full payment to the Third-Party Service Provider once your journey has been completed and the payment is non-refundable. If you have any complaints about delivery or service, you must resolve those disputes directly with the service provider.
5. Refund or Reversing a Transaction
5.1 Refunds Only Available For Payment of Goods by a GrandhubX Tech Ltd Merchant (eCommerce/Food/Mart)
Refunds are only available for transactions involving payments for goods and are subject to the Merchant's refund policies.
If you are entitled to a refund in respect of goods which have been purchased using your Account, you may choose to either:
- accept refund to your Account in form of GrandhubX Tech Credit or Card; or
- receive the refund from the Merchant.
5.2 Reversing a Transaction
You are responsible for ensuring that the accuracy of the details entered for all Transaction(s) in your Account are correct. If you enter the wrong amount and want to reverse a transaction, you must immediately contact us with the appropriate information in our Customer Support LiveChat or email@example.com.
You understand and agree that any reversal may involve the consent of the other parties and, if necessary, you will resolve the matter directly with those parties. We reserve the right to charge a service fee for such reversal.
(Third-Party Service Provider)
1. Duration of the Contract
Subject to the fulfilment of the Registration Requirements, this Contract commences when GrandhubX Tech Ltd accepts your application as a registered Third-Party Service Provider on our Platform, and continues to be effective, unless earlier terminated in accordance with the termination provision of this Contract.
2. Registration Requirements
To register as a Third-Party Service Provider, you must:
- for Driver, be at least twenty one (21) years old, for Rider be at least eighteen (18) years old, holding a valid Competent Driving License (i.e. not a probationary driver) and not a blacklist by the road safety department.
- if applicable, have a class 5 licence issued by Motor Registration Division, Newfoundland or Canada, and have obtained an e-hailing vehicle permit (EVP) where applicable.
- for Driver, own a motorcar (“Vehicle”) with a valid registration and free of road safety blacklist which is registered less than ten (10) years ago. In addition, the motorcar must pass inspection, road worthy and certified by authorities.
- for Rider, own an unmodified 2-wheel motorcycle (“Vehicle”) with a valid registration and free of road safety blacklist which is registered less than five (5) years ago;
- have or are covered by e-hailing or p-hailing insurance against such losses and risks in amounts that are reasonably prudent and customary in the e-hailing and p-hailing business;
- provide information such as your name, contact information, date of birth, your identification card number and driving license details; and
- such other information as GrandhubX Tech Ltd may require from time to time.
3. Third-Party Service Provider's Obligations
3.1 Compliance with Laws and Regulations
The Third-Party Service Provider must:
- comply with the laws and regulations concerning traffic, road safety and parking;
- not pick up passengers or items from the street without a booking;
In addition, the Driver AND moto cycle rider ( where applicable) must:
- only provide Service(s) within the permitted area as instructed;
- only carry permitted passenger(s) as defined by GrandhubX Tech Ltd at a time, and you are not allowed to carry goods when you are transporting a passenger (or the other way round); and
- wear GrandhubX Tech Ltd uniforms and helmet, and always make sure the passenger wears a helmet or seat-belt.
3.2 Prohibited Acts
The Third-Party Service Provider must:
- not carry a passenger who is under eighteen (18) years old unless approved by the parent or guardian.
- not park in any private spaces, restricted areas, public walkways or roads, or in ways that obstruct the entrances, exits or roads; and
- not carry, possess and/or distribute prohibited items, including illegal and other dangerous items as listed in the prohibited items list.
3.3 Representations Warranties and Undertakings
The Third-Party Service Provider represent, warrant and undertake that:
- he/she owns or has the legal rights and authority to operate the Vehicle to provide the Service(s) under this Contract;
- the Vehicle has a valid insurance policy to cover any potential loss or damage to the Customer or the Customer's property when performing the Service(s);
- he/ she will use and also ensure that the Customer uses suitable road safety equipment, such as helmet when performing the Service(s);
- he/ she be solely responsible for any losses or damages in connection with the Service(s) and for any traffic offences;
- he/she will obey all laws relating to the provision of public transport and delivery services and is solely responsible for such violations; and
- he/ she will not contact the Customer for any purpose other than the performance of the Service(s).
The Customer relies on you for transport and delivery. You agree that high and/or frequent cancellation by you will impair the user experience and adversely affect GrandhubX Technology reputation.
The Third-Party Service Provider may cancel the booking by selecting the reason for cancelation provided in the App. GrandhubX Tech reserves the right to close, suspend or limit the Third-Party Service Provider's Account if we consider the reason to be unacceptable.
3.5 Dispute with Customer
The Third-Party Service Provider must inform the Customer that they are an independent contractor and that they are solely responsible for their own actions as a service provider. Any dispute with the Customer must be resolved directly by the Third-Party Service Provider.
4.1 GrandhubX Tech Ltd will deduct a percentage of the Customer's fees from Third-Party Service Provider (“Commission”) as determined by us from time to time. For clarity, the Commission will not exceed the maximum rates imposed by the State Government.
4.2 You must maintain a minimum credit balance (“Minimum Balance”) as determined by GrandhubX Tech from time to time, in your Third-Party Service Provider's Account in order to provide the Service(s). You can add funds to your Third-Party Service Provider's Account to meet this Minimum Balance requirement.
5. Protection of Personal Data
5.1 Duties and Obligations
The Third-Party Service Provider must:
- compile with all the requirements set out in the Canada’s New Consumer Privacy Protection Act (CPPA); and
- only use Customer Personal Data to the extent that it is necessary to perform the Service(s).
6. Independent Contractor
The Third-Party Service Provider acknowledges and agrees that he/ she is an independent contractor and understands that he/ she is not an employee of GrandhubX Tech and will not claim any employee benefits or protection from GrandhubX Technologies.
It is therefore strongly recommended that Third-Party Service Provider register with their local respective bodies.
Additional Terms - Grandhub Tech Ltd Affiliate Program
Please read the warning below in respect of the GrandhubX Tech Ltd Affiliate Program:
It is illegal for us or for a User/Service Provider in the GrandhubX Tech Ltd Affiliate Program (including Referring Users/Service Providers and Referred Users/Service Providers) to persuade anyone to make a payment by promising benefits from getting others to join the GrandhubX Tech Ltd Affiliate Program. Do not be misled by claims that high earnings are easily achieved from participation in the GrandhubX Tech Ltd Affiliate Program.
1.1 “Account Balance” means the accumulated Commission Fees due to Affiliate in GrandhubX Tech Ltd Credit.
1.2 “Affiliate Media” means all advertising media, including but not limited to websites, applications and newsletters, Affiliate networks' sub affiliates, their owned and brokered media registered to the Program by the Affiliate and approved by GrandhubX Tech Ltd.
1.4 (i) “Confirmed Budget” means an estimated value of marketing spend that is agreed between GrandhubX Tech Ltd and the Affiliate on a monthly basis via email communication or otherwise as agreed in writing between the Parties.
(a) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real life person;
(b) is not using pre-populated fields;
(c) completes all of the information required for the Completed Purchase within the time period allowed by GrandhubX Tech Ltd, and;
(d) is not later determined by GrandhubX Tech Ltd to be fraudulent, incomplete, unqualified or a duplicate.
1.5 “Net Completed Purchase Value” means the total net value of a Completed Purchase generated through Affiliate Links placed on Affiliate Media, calculated as the total value of Completed Purchase excluding any discounts, shipping fees, promos, and other rebates.
1.6 “Platform” means any platform operated by GrandhubX Tech Ltd, which includes the Grandhub Tech Ltd mobile applications available on the Apple App Store or Google Play and the Grandhub Tech Ltd websites.
1.7 “Product” means any item listed or service offered on Platform by Merchants and Service Providers for sale to Customers.
1.8 “Prohibited Content” means any content or term that:
(a) Promotes or is related to illegal activities (illegal drugs, phishing, terrorism, criminal activities, contests, pyramid schemes, or chain letters).
(b) Promotes or is related to tobacco, gambling, or weapons.
(c) Is related to pornographic or obscene material.
(d) Is related to excessively graphic or explicit violence.
(e) Is defamatory, inappropriate, or profane.
(f) Is discriminatory or constitutes “hate speech”, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation, or language of such individual or group.
(g) Promotes or contains viruses, worms, corrupted files, malware, cracks, or other materials that are intended to or may damage or render inoperable software, hardware, or security measures.
1.9 “Term” has the meaning set forth in Section 7.1.
1.11 “Territory” means the territory in which the GrandhubX Tech entity that is engaging the Affiliate is domiciled.
1.12 “User” means any registered valid user of the Platform, which includes Customers (“Customer”), merchants (“Merchants”) and third-party service providers (“Third-Party Service Providers”) on the Platform.
2. Participation Requirements
2.1 Registration Information
Affiliate shall provide any information requested by GrandhubX Tech Ltd and shall ensure such information is true, accurate and complete, for the purpose of verification and validation and registration as a User. Any false or inaccurate information submitted to GrandhubX Tech Ltd shall be deemed as grounds for termination of this Agreement. GrandhubX Tech Ltd may accept or reject Affiliate’s User account at its sole discretion and for any reason.
2.2 Limited License
If Affiliate is accepted into the Program, GrandhubX Tech grants to Affiliate for the duration of this Agreement a non-exclusive, non-transferrable and revocable right to display the Affiliate Links on its Affiliate Media at its own cost, for the sole purposes of Affiliate’s participation in the Program. Affiliate shall not, without the prior written consent of GrandhubX Tech Ltd, alter or modify or create derivative works of the Affiliate Links or any of GrandhubX Tech Ltd’s intellectual property. Except as expressly set forth in this Agreement, nothing in this Agreement is intended to grant Affiliate any rights to use any of GrandhubX Tech Ltd’s intellectual property.
Affiliate Media must be publicly available. Affiliate shall not be eligible to participate, and GrandhubX Tech Ltd may terminate Affiliate’s participation, in the Program if its Affiliate Media contains any of the Prohibited Content or other content that GrandhubX Tech Ltd deems inappropriate. Affiliate Media may include social media and websites (including, but not limited to, website/blog domain, Facebook, Pinterest and Twitter) upon approval by GrandhubX Tech Ltd (“Approved Social Media”). Approved Social Media must (i) not contain the trademarks, names or logos of GrandhubX Tech Ltd, or display misleading content, and (ii) if through Facebook, be displayed through a “fan page” only and not through a “personal page” in accordance with Facebook’s user policies.
Affiliate must be at least 18 years old to participate in the Program.
3. Commission Fee and Terms
3.1 Commission Rate
The fees payable by GrandhubX Tech Ltd to Affiliate (the “Commission Fee”) shall be calculated by the Platform or as separately agreed between Affiliate and Grandhub Tech Ltd in writing (such rate, the “Commission Rate”).
3.2 Calculation of Commission Fee
The Commission Fees shall be calculated to be (a) the Confirmed Budget; or (b) the Net Completed Purchase Value multiplied by the Commission Rate, whichever is the lower.
3.3 Transfer of Commission Fee
Pursuant to Section 3.3, GrandhubX Tech Ltd shall validate and approve the Commission Fees payable and shall credit Affiliate's Wallet within sixty (60) days of system approval. The Commission Fees determined by GrandhubX Tech Ltd shall be deemed final. Commission Fees transferred to another account on the GrandhubX Tech Ltd platform will void the transferred Credits as payment to your verified Bank Account. GrandhubX Tech Ltd shall charge a service fee for Credits transferred out from your GrandhubX Tech Ltd Wallet to your verified Bank Account. A required minimum of RM100 total commission fee earnings per request applies for each transfer to bank account.
GrandhubX Tech Ltd shall not make commission transfers on, and reserves the right to set-off or initiate chargebacks on transactions that were previously transferred. Such transactions include but are not limited to:
(a) transactions that do not meet the requirements to be a Completed Purchase;
(b) fraudulent transactions identified manually or by means of a fraudulent order checking process by GrandhubX Tech Ltd;
(c) transactions performed through collusion where the Affiliate is connected to the Merchant or Service Provider or where Affiliate has purchased Products through the Affiliate Links;
(d) cancelled, disputed, incomplete, returned or refunded transactions;
(e) transactions made with the intention of reselling the purchased Products;
(f) transactions performed through Affiliate Links placed on Affiliate Media which contains any Prohibited Content; and
(g) transactions where an Affiliate transfers credit to other User(s) or Affiliate(s).
4. Responsibilities of Affiliate
4.1 Business Conduct
Affiliate may not contractually bind GrandhubX Tech Ltd or make any representations on behalf of GrandhubX Tech Ltd. Affiliate will not engage in any unconscionable, false, deceptive, misleading, or fraudulent conduct. Affiliate will not advertise substances, services, products, or materials that violate applicable laws. GrandhubX Tech Ltd shall have the absolute discretion and authority to make any request for any removal of any content, material, or other media placed or displayed by the Affiliate under its performance of this Agreement and Affiliate shall act upon Grandhub Tech Ltd’s request immediately.
4.3 Prohibited Actions
Affiliate will not, and will not allow any third party to do the following:
(a) use advertising e-mails to promote GrandhubX Tech Ltd without GrandhubX Tech Ltd’s prior written consent;
(b) use robots or other automated query tools, computer generated search requests;
(c) fraudulent use of search engine optimization services to generate or conceal impressions, inquiries, clicks, or conversions that are fraudulent or invalid;
(d) drive or utilize any SEM keywords and other keyword-based advertising traffic using the GrandhubX Tech Ltd brand or private labels to GrandhubX Tech Ltd’s Platform (in other words, " GrandhubX Tech Ltd " and other similar words which could be misleading as GrandhubX Tech Ltd must be entered as a negative keyword) without GrandhubX Tech Ltd’s prior written consent;
(e) use any automated means or form of scraping, or other data extraction methods to access, query, collect, or use GrandhubX Tech Ltd intellectual property, including logo, key visuals, creative materials and other Confidential Information from the Platform or otherwise;
(f) apply Affiliate Links on Affiliate Media that contains Prohibited Content, or in torrent or streaming sites;
(g) advertise Affiliate Media through any of GrandhubX Tech Ltd’s social media channels;
(h) (where Affiliate is an affiliate network) re-brokering to another affiliate network as their sub-affiliate;
(i) fraudulent use of accounts on GrandhubX Tech Ltd; or
(j) incorporate any lottery or lucky draw in the Affiliate Media.
The Affiliate shall warrant that it will set cookies only if the Affiliate Links are visible on Affiliate Media and the user clicks voluntarily and consciously. The use of layers, add-ons, iFrames, pop-up, pop-under, site-under, advertisements which automatically redirect the user to the Platform without the user’s engagement or action (e.g. click, touch), cookie dropping, postview technology, misleading advertisements that result in misleading clicks, shall not be permitted and are strictly prohibited. Advertisements that result in forced installations (which includes initiating downloads/redirects without a user’s permission) of the GrandhubX Tech Ltd application are strictly prohibited.
5. Responsibilities and Rights Of GrandhubX Tech Ltd
GrandhubX Tech Ltd will operate and maintain the Platform. No changes relating to the features or functionalities of the Platform will affect the validity and enforceability of this Agreement.
5.2 Right to Cancel, Reject, or Remove
(a) request that the Affiliate Links and/or Affiliate Media be removed or taken down immediately;
(b) require Affiliate to cure its violation, non-compliance, or breach within a specified period of time;
(c) for each violation, impose a fine or Chargeback on Affiliate as liquidated damage, which fine or Chargeback will not relieve Affiliate from its liabilities if GrandhubX Tech Ltd’s losses exceed such amount; or
(d) terminate this Agreement.
6. Confidential Information
6.1 “Confidential Information” means all information that is confidential in nature including, but not limited to: (a) any proprietary information of a party to this Agreement disclosed by one party to the other that is in written, graphic, machine readable, or other tangible form and is marked “Confidential” or “Proprietary” or in some other manner to indicate its confidential nature; (b) the GrandhubX Tech materials and all other non-public marketing or technical information, even if not marked as confidential; and (c) all information collected or developed by GrandhubX Tech Ltd regarding its Users. Confidential Information also includes oral disclosures if that information would reasonably be understood to be confidential from the context of disclosure.
Confidential Information will not include any information that: (a) was publicly known and made generally available before the time of disclosure by the disclosing party; (b) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (c) is already in the lawful possession of the receiving party at the time of disclosure; (d) is obtained by the receiving party from a third party without a breach of that third party’s obligations of confidentiality; (e) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information; or (f) is disclosed by the receiving party pursuant to the disclosing party’s prior written approval.
6.3 Non-Use and Non-Disclosure
Each party will: (a) treat as confidential all Confidential Information of the other party; (b) not disclose that Confidential Information to any third party, except on a “need to know” basis to third parties that have signed a non-disclosure agreement containing provisions substantially as protective as the terms of this Section and such party has obtained the written consent to that disclosure from the party that provided the Confidential Information; and (c) not use that Confidential Information except in connection with performing its obligations or exercising its rights under this Agreement. Each party is permitted to disclose the other party’s Confidential Information if required by law so long as the other party is given prompt written notice of that requirement before disclosure and assistance in obtaining an order protecting that information from public disclosure.
7. Term and Termination
This Agreement takes effect on the date that GrandhubX Tech Ltd approves Affiliate’s User application to join the Affiliate Program and continues to be in effect until terminated in accordance with Section 7.2 or 7.3 (the “Term”).
7.2 Termination by GrandhubX Tech Ltd
GrandhubX Tech Ltd may unilaterally terminate this Agreement at its sole discretion and for any reason which GrandhubX Tech Ltd deems appropriate with seven (7) days’ prior notice and disabling the Affiliate Links. GrandhubX Tech Ltd may terminate this Agreement immediately and without any prior notice if Affiliate breaches its obligations under this Agreement.
7.3 Termination for Cause
This Agreement will terminate immediately upon:
(a) either party’s dissolution or ceasing to do business, or the institution by or against either party of insolvency, receivership, or bankruptcy proceedings or any other proceedings for the settlement of either party’s debts; or
(b) the occurrence of an event of Force Majeure (as defined in Section 11.4) that continues for more than 30 days.
7.4 Effect of Termination
Upon termination of this Agreement for any reason, Affiliate shall immediately cease all use of Grandhub Tech Ltd’s Affiliate Links, and will cease representing itself as a Grandhub Tech Ltd Affiliate.
7.5 Termination due to Affiliate’s breach
If this Agreement is terminated due to Affiliate’s breach of its obligations in accordance with Sections 5.2 and 7.3, all amounts payable to Affiliate by GrandhubX Tech Ltd may be forfeited as liquidated damages without prejudice to GrandhubX Tech Ltd’s recourse for other rights or remedies available under applicable laws.
The following provisions will survive the termination or expiration of this Agreement: Sections 1, 3, 6, 7, 9, 10, 11 and any other provisions that, by their nature, are intended to survive. All liabilities that accrued before the termination or expiration will survive the termination or expiration of this Agreement.
8. Representations and Warranties
8.1 Mutual Representations and Warranties
Each party represents and warrants that: (a) it is duly organized, validly existing, and in good standing in the jurisdiction it is formed; (b) its execution and delivery of this Agreement has been duly and validly authorized; (c) this Agreement constitutes a valid, binding, and enforceable obligation upon its execution; and (d) it will comply with all applicable laws in performing under this Agreement.
8.2 Representations and Warranties by Affiliate
Affiliate represents and warrants that:
(a) the execution, delivery, and performance of this Agreement will not be in conflict with or constitute a default under the terms of any agreement, instrument, judgment, decree, or any order, statute, rule, or governmental regulation applicable to Affiliate;
(b) all information provided by Affiliate to GrandhubX Tech Ltd is complete, true, accurate and current, and that Affiliate has the right to conduct its business, including offering its products or services;
(c) no Affiliate Media contains (i) any information that violates or encourages violation of any applicable law; (ii) fraudulent or deceptive information or incentives; (iii) virus, malware, spyware, Trojan, phishing, or other malicious code that could breach or circumvent any Platform security measure; (iv) information marketing or promoting fake or counterfeit goods or illegal businesses (including apps or software that contain hidden charges); (v) any material that infringes any rights of any third party; or (vi) material that may be harmful, abusive, pornographic or obscene, threatening, or defamatory.
9.1 Indemnification by Affiliate
Affiliate will indemnify, defend, and hold harmless GrandhubX Tech Ltd and its affiliates and their directors, officers, and employees from and against all claims, actions, losses, damages, liabilities, costs, and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with: (a) any breach by Affiliate of this Agreement; (b) any failure of Affiliate to perform its obligations under this Agreement in compliance with all applicable laws; (c) any violation of any rights of any third party related to Affiliate Media; or (d) Affiliate’s fraud, negligence or willful misconduct.
GrandhubX Tech Ltd will promptly notify Affiliate of any claim that is subject to Section 9.1, and will permit Affiliate to assume and control the defense of that claim. GrandhubX Tech Ltd will, however, have the right to employ separate counsel and participate in the defense of claims at the Affiliate’s sole cost. Affiliate will have the sole authority to defend, compromise, settle, or otherwise dispose of a claim, but it will not agree to any disposition or settlement of a claim that admits liability or imposes duties of performance or payment on GrandhubX Tech Ltd without GrandhubX Tech Ltd’s prior written consent. If the parties agree to settle a claim, Affiliate will not publicize the settlement without first obtaining GrandhubX Tech Ltd’s written permission.
10. Limitation of Liability
10.1 Disclaimer of Warranties
ALL GRANDHUBX TECH LTD MATERIALS AND AFFILIATE LINKS ARE PROVIDED “AS IS.” AFFILIATE ACKNOWLEDGES AND AGREES THAT X TECH LTD WILL HAVE NO LIABILITY ARISING FROM A FAILURE OF ANY SECURITY TECHNOLOGY OR PROCEDURE. GRANDHUBX TECH LTD DOES NOT WARRANT THAT THE GRANDHUBX TECH LTD MATERIALS OR AFFILIATE LINKS provided WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT 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.
10.2 Disclaimer of Consequential Damages
GRANDHUBX TECH LTD WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO AFFILIATE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE TRANSACTION CONTEMPLATED UNDER THIS AGREEMENT, INCLUDING LOST PROFITS OR LOSS OF BUSINESS.
10.3 Cap on Liability
UNDER NO CIRCUMSTANCES WILL GRANDHUBX TECH LTD’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT TRANSFERRED OR PAYABLE BY GRANDHUB TECH LTD TO AFFILIATE UNDER THIS AGREEMENT FOR THE 6-MONTH PERIOD PRECEDING THAT CLAIM.
10.4 Independent Allocations of Risk
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT, AND EACH OF THESE PROVISIONS WILL APPLY EVEN IF THESE PROVISIONS FAIL THEIR ESSENTIAL PURPOSE.
GrandhubX Tech Ltd may exercise its rights under this Agreement via its affiliates and subcontractors. GrandhubX Tech Ltd will be responsible for the compliance of those affiliates and subcontractors with the terms of this Agreement.
11.2 Independent Contractor
This Agreement will not be construed as creating a partnership, joint venture, or agency relationship or as granting a franchise. The parties are independent contractors in the performance of this Agreement. Neither party is authorized to bind the other party to any liability or obligation or to represent that it has any authority to do so.
11.3 Press Release
Except as expressly set forth in this Agreement or as required by the laws of any jurisdiction, neither party will make any public announcement or press release regarding the cooperation contemplated by this Agreement without the prior consent of the other party. Any party required by law to make a public announcement regarding any matter related to the cooperation contemplated by this Agreement will solicit from and consider in good faith the other party’s feedback on the content of that public announcement.