Terms & Conditions

A2A TERMS AND CONDITIONS

 

A2A Global Network Sdn Bhd (Company No. 1169274-K) is the owner, operator and provider of this website and its related mobile platform. Your entry into and/or use of this Website is governed by the following terms and conditions:

You may use our A2A Platform as a User or Member. It is required that you first create an account on our A2A Platform to access the services on this A2A Platform. Please ensure all your information provided is correct and true. A2A reserves the right to reject, revoke or terminate any account created with false information. Please also refer to our privacy policy for information on how your data is used.

Please read these terms and conditions carefully. By browsing, accessing or using this A2A Platform or by making any transactions on or through this A2A Platform, you are deemed to have read, understood and agreed to observe, comply with and be bound by these terms and conditions.

 

Section 1: Definitions:

1.1    A2A: means A2A Global Network Sdn Bhd and includes its related and affiliated companies and any other entity within the group and includes any website or platform similar or connected to the A2A Platform owned or operated by any such company.

 

1.2     A2A Platform: Means the website with the domain name http://www.a2anetwork.net owned by A2A being an e-commerce consumers’ platform that enables transactions by Users and by and between Members and the A2A Mobile Application.

 

1.3     Bonus: Means a commission earned by a Member based on and under the A2A Marketing Plan.

 

1.4    Business Day: means a day on which the banks are open for business in Kuala Lumpur, and excludes weekends and public holidays.

 

1.5    Member: Means an individual or entity that has signed on or qualified as a Member and has been accepted for membership by A2A.

 

1.6    Network: Means A2A’s User and Members network.

 

1.7    Policies: Means the Privacy Policy and all other policies whatsoever posted on the A2A Platform from time to time.

 

1.8    Products: Means the products or services sold on or through the A2A Platform.

 

1.9    Privacy Policy: Means A2A’s privacy policy at http://www.a2anetwork.net/privacy-policy.

 

1.10    Sale Tax: Means any taxes, levies or duties imposed by any relevant government or authority on the sale of products or services or any other transaction carried on or through the A2A Platform.

 

1.11    Terms and Conditions: means these terms and conditions governing the use of the A2A Platform and terms and conditions governing the Users and the Members on the A2A Platform setting out eligibility and qualifying criteria for Members, terms and conditions governing transactions on the A2A Platform and Members’ rights and obligations;

 

1.12    User: Means an individual or entity that has opened an account on the A2A Platform and is accepted or recognized by the A2A Platform as a User.

 

 

Section 2 Loyalty Points (“LP”) and E-Cash

 

2.1       Users and Members can earn LP by shopping through the A2A Platform.  LP may only be used in the manner specified by A2A on the A2A Platform and shall not be exchangeable for cash and have no cash value save and except that upon redemption in the manner provided for at the A2A Platform, the LP may be redeemed for the stipulated E-Cash value.  LP shall be valid for such period as may be determined by A2A from time to time and thereafter shall be cancelled and withdrawn.

 

2.2       Every ten (10) LP earned by a Member/User shall be converted automatically into E-Cash value of Six Ringgit Malaysia and Twenty Five Cents (RM6.25) in the Member’s/User’s E-Wallet.

 

2.3      LP earned through transactions for Products may be forfeited and withdrawn at any time in the event the transaction is subsequently cancelled. LP may also be forfeited in the event of any breach of the Terms and Conditions.

 

2.4       E-Cash may be spent on the A2A Platform or subject always to the Member’s/User’s E-Cash Wallet balance being more than Fifty Ringgit Malaysia (RM50.00) redeemed and withdrawn by a Member/User subject to a minimum withdrawal amount of Fifty Ringgit Malaysia (RM50.00).

 

 

Section 3 Becoming a User

 

3.1         A User must be at least eighteen (18) years of age and must have legal capacity to enter into transaction on this A2A Platform.

 

3.2         In order to access the services on the A2A Platform, you must be a User or a Member.

 

3.3         In order to become a User, you must open an A2A account on the A2A Platform. You will be prompted to fill in required personal information and you must ensure that all such User information and data you provide (“User Information”) is complete, correct and true. You shall immediately inform us in the event of any changes to the User Information.  You shall be solely responsible and liable for any consequence arising from your failure to do so (including but not limited to any loss, damage, expense, inconvenience or proceedings whatsoever)

 

3.4         A2A reserves the right to undertake verification of your identity and may request for further information or documents from you for such purpose. A2A reserves the right to refuse to register or immediately terminate your account should any User Information provided be inaccurate, false, or unacceptable or if A2A’s verification exercise discloses any matter deemed inappropriate by A2A.

 

 

 

Section 4 Becoming a Member and Your Duties and Responsibilities

 

4.1         A Member must be at least eighteen (18) years of age and must have legal capacity to enter into transactions on this A2A Platform.

 

4.2         Members are required to correctly complete and submit the Membership Registration Form on this A2A Platform or the A2A Mobile Application.

 

4.3         You will be prompted to fill in required personal information and you must ensure that all such information and data you provide (“Member Information”) is complete, correct and true. You shall immediately inform us in the event of any changes to the Member Information.  You shall be solely responsible and liable for any consequence arising from your failure to do so (including but not limited to any loss, damage, expense, inconvenience or proceedings whatsoever).

 

4.4         Upon your fulfilling the eligibility requirements and complete of the registration process you will be recognized as a Member and entitled to the privileges of membership subject always to the Terms and Conditions.

 

4.5         A Member that is a corporate entity shall delegate its responsibilities in dealing with all matters with A2A to an appointed representative or agent and shall provide A2A with a written document certified by a duly authorised director, proprietor or partner evidencing such appointment. Notwithstanding such delegation, such business entity shall be wholly responsible for all actions and inactions of its appointed representative or agent.

 

4.6         A2A reserves the right to undertake verification of your identity at any time and from time to time and may request for further information or documents from you for such purpose. A2A reserves the right to refuse to register or immediately terminate your account should any Member Information provided be inaccurate, false, or unacceptable or if A2A’s verification exercise discloses any matter deemed inappropriate by A2A.

 

4.7         As a Member, you shall be solely responsible to maintain the confidentiality of your membership account information.  In the event you suspect your membership account information has been compromised, stolen or otherwise is being used without your authority, it is your obligation to inform us immediately with full particulars of your suspicion and A2A reserves the right to take any such action as it deems fit should A2A determine that there is a credible complaint (including but not limited to suspending your account).

 

4.8          In the event that you:-

 

4.8.1   breach any of the Terms and Conditions;

 

4.8.2   breach any policies on the A2A Platform (including specifically the privacy policy);

 

4.8.3   have been involved in any civil proceedings involving allegations of fraud or breach of trust or criminal proceedings;

 

4.8.4   breached any provision of the Personal Data Protection Act 2010;

 

4.8.5   abused, misused or otherwise misrepresented any marketing information or materials provided or made available by A2A; or

 

4.8.6   acted in any manner that A2A deems inconsistent with or prejudicial to the objectives and/or reputation of A2A,

 

A2A shall, without prejudice to its other rights and remedies, be entitled to restrict or revoke your access to the A2A Platform temporarily or permanently, suspend or terminate your account, take such other disciplinary or recovery action A2A deems fit including but not limited to making a claim for any cost, expense or damage incurred by A2A arising therefrom.

 

4.9        In the event of a revocation or termination of your account pursuant to 4.9 above, your LP may be forfeited and your entire transaction history on the A2A Platform may be erased without any reference to you.  Any pending transactions may be completed or cancelled at A2A’s sole and absolute discretion.

 

4.10     In the event that you are found to have directly or indirectly opened a new account upon such revocation or termination, A2A may block such new account and/or A2A may exercise its rights hereunder in respect of such account.

 

4.11     You may surrender or apply to terminate your status as a Member at any time by writing to A2A. You acknowledge that the provisions of 4.10 shall be applicable on the termination of your membership status.

 

 

Section 5 A2A Marketing Plan –  User

 

5.1       A Member may refer persons to become Users by opening an A2A account. Members are allowed to refer any number of Users.  When offering A2A’s program to prospects, Members are required to present the program in its entirety, without omission, distortion or misrepresentation of any kind whatsoever. Any misrepresentations made by a Member in connection with A2A’s program, publications, products or any other matter or thing belonging to A2A are strictly prohibited. A2A reserves all rights and discretion to terminate any Membership in the event any Member is found by A2A to have acted contrary to this provision.

 

5.2       A User that has been directly referred by a Member (“Referring Member”) is prohibited from changing or seeking to change his status as a Member referred by the Referring Member to any other Member (“Other Member”) and A2A shall not recognize any such change or purported change to that effect.  Any non-compliance with this provision shall be deemed a breach by both the first-mentioned User and the Other Member.

 

5.3       Users can upgrade to member by purchasing a Lifetime Membership with a one-time payment of Thirty Ringgit Malaysia (RM30.00) (effective 1 June 2018) via a2a’s designated payment channels.

 

5.4       A User that has earned and has a balance of Loyalty Points, E-Cash and/or Discount Voucher(s) in their User account (collectively “User Balance”) will have the said User Balance transferred to his designated Member E-Wallet upon the User being upgraded to Member status.

 

 

Section 6 A2A Marketing Plan - Member

 

6.1       A Member may refer persons to become Users or Members by opening an A2A account. Members are allowed to refer any number of Users or Members. When offering A2A’s program to prospects, Members are required to present the program in its entirety, without omission, distortion or misrepresentation of any kind whatsoever.  Any misrepresentations made by a Member in connection with A2A’s program, publications, products or any other matter or thing belonging to A2A are strictly prohibited. A2A reserves all rights and discretion to terminate any Membership in the event any Member is found by A2A to have acted contrary to this provision.

 

6.2       A Member will receive two (2) LP for every new Member that he/she registers within his/her ten (10) level network (“10 Level Network”) subject to the new Member fulfilling the eligibility criteria in these Terms and Conditions (“New Member”).

 

6.3       Every referring Member within the 10 Level Network shall be entitled to receive a Bonus of four per cent (4%) E-Cash value on the converted E-Cash value of each multiple of 10 Loyalty Points earned by the New Member. Referring Members shall not be entitled to receive any Bonus from Users they refer. This entitlement is limited only to Loyalty Points earned by the New Member after becoming a Member in accordance with these Terms and Conditions.

 

6.4       A Member may be entitled to such other benefits, privileges or entitlements as A2A may decide from time to time and at any time and may vary or cancel any such benefits, privileges or entitlements at any time or from time to time.

 

6.5        Bonus earned by a Member will be credited to the Member’s E-Wallet. Members are eligible to send their claim to A2A through the A2A Platform, on or before the 8th day of every calendar month, so as to receive the Bonus on the 15th day of every calendar month, or if such orders are made after the 8th day and before the 22nd day of every calendar month, such Bonus will be paid on the last day of the calendar month.  Bank administration charges will be imposed on every transaction subject to respective bank and payment gateway charges and these will be borne by the Member.

 

6.6        Members are not permitted to hold multiple memberships with the intention to abuse the Marketing Plan. A2A reserves the right to terminate multiple memberships and all relevant member’s benefits at any time in the event that such multiple memberships are an abuse of the Marketing Plan or otherwise prejudicial to A2A or the A2A Platform.

 

6.7       A Member’s entitlement to the rights and privileges of membership is personal to the Member. A Member shall not be permitted to transfer his membership and/or its attached rights or privileges to any person save and except in the following circumstances:-

 

6.7.1   where the Member is a corporate entity and has made a written application to transfer the Membership to its related company pursuant to a corporate restructuring exercise, A2A may, at its sole and absolute discretion, agree to the transfer of such membership subject to receipt of acceptable documentary evidence in support of such application; or

 

6.7.2   in the event of death or legal incapacity of a Member and upon written application by the said member’s estate, personal or legal representative, executor or guardian, A2A shall, upon production of a Court Order or grant to that effect, transfer such membership to the person named as legally entitled in the said Court Order or grant.

 

For the avoidance of doubt, any permitted transfer pursuant to the foregoing shall only be effective upon receiving prior written approval and consent from the Company. Joint memberships are not permitted and where any Court Order, grant or other relevant document names more than one beneficiary, A2A shall not be obliged to register any transfer of Membership until it is in receipt of a written document evidencing the nomination of a single person as the new Member.

 

 

Section 7 Use of the A2A Platform

 

7.1       You must ensure that your login identification is not or would not be deemed indecent, unsuitable or offensive under any law or generally accepted practice and A2A recovers the right to reject any such login identification as is unacceptable to A2A without assigning reasons therefor.

 

7.2        You shall not abuse or misuse the A2A Platform by hacking, installing any malware, virus or unauthorized program, applying any disruptive technology in or to the A2A Platform and/or carrying out any monitoring or mining activities.

 

7.3         Your login information comprising Member ID and password are assigned solely to you and you shall ensure that they are not used in any manner otherwise than in accordance with these Terms and Conditions.  Notwithstanding this, you acknowledge that all the said information is proprietary to A2A and A2A reserves the right to disable, withdraw, re-assign or revoke any such login information should you use such login information or permit the same to be used in a manner inconsistent with or in breach of these Terms and Conditions.

 

7.4        In the event you breach any of the Terms and Conditions, A2A shall be entitled to restrict access to, suspend or terminate any of your rights in respect of the A2A Platform at any time without prior notice.

 

7.5        You may surrender your Membership at any time by written notice to A2A at the following email address: support@a2anetwork.net.

 

7.6         Please note that your User and Member accounts are specifically linked to your email address used to open your account on the A2A Platform and you shall not change your email address without A2A’s prior written consent.  A2A may require the termination of your existing account prior to approving any change of email address.

 

 

Section 8 Transactions in the A2A Mall

 

8.1       You may purchase Products at our A2A Mall through the A2A Platform.

 

8.2       Please note that the Products sold at the A2A Mall may also be sold by third party resellers. Please note that such transactions will be governed by the terms, conditions and policies of such third party respectively. You shall be solely responsible to read and understand such terms, conditions and policies. In particular, please take note that such third party resellers shall be solely responsible for product quality, delivery obligations and shipping terms.

 

8.3       Please ensure that you review any exchange or cancellation policies on the A2A Platform prior to completing your purchase.

 

8.4       Any order you place shall be binding upon you and upon A2A’s acceptance of such order, you shall be unconditionally and irrevocably bound to complete the transaction subject to and upon these Terms and Conditions.

 

8.5       A2A may cancel or revoke any order if such transaction is (i) illegal, (ii) if the Products are no longer available to A2A and/or the Member, (iii) if the order placed is suspicious or contains any error that will prevent or delay A2A’s completion of the order or delivery.

 

8.6       You shall be responsible to verify all the details of the order made prior to confirmation, particularly the delivery address and contact information. You shall thereafter ensure you review and track any confirmation emails or messages that A2A may send to you in relation to your order.

 

8.7       Your order shall not constitute a binding offer or contract to purchase until it is accepted by A2A and A2A confirms that it will be able to ship the Product ordered.

 

8.8       A2A may at any time cancel any order for technical reasons related to any computer error, system or program fault that A2A determines cannot be rectified within a reasonable time.

 

8.9       In the event A2A is liable to compensate you for any cancellation or failure to complete an order for a Product, you agree that A2A’s liability shall be limited to the agreed liquidated damages sum equivalent to the cost of the Product and you shall not be entitled to any compensation or claim for expense, loss or damage incurred.

 

8.10     Products will be shipped according to the delivery address you provide. Any error in the delivery address shall be for your own account and A2A shall not be responsible for any expense, loss or damage incurred (including but not limited to the loss of the Product or any delay in the delivery of the Product). If A2A is unable to deliver the Product and the same is returned to A2A, you shall be required to first pay all costs of shipping that may be incurred to enable A2A to redeliver the Product to the amended address you provide.  Shipping cost will be itemized and notified to you during the checkout process and your confirmation of the order shall be deemed acceptance of all shipping costs incurred.

 

8.11    All Sale Tax, if any, shall be borne solely by you. Any Customs duties or levies shall be borne and paid by you prior to delivery of the Product.

 

8.12    You shall be responsible to verify the condition of the Product upon receipt. Should any damage be discovered, you shall notify A2A within three (3) Business Days from receipt of the Product.

 

8.13    Further information, terms and conditions shall be indicated on the A2A Platform from time to time and these shall be deemed incorporated herein and binding upon you.

 

 

Section 9 Transactions in E-Shops

 

9.1       All transactions at the E-Shops on the A2A Platform shall be governed by the terms and conditions of the respective E-Shops.  Kindly ensure that you fully understand the relevant terms and conditions before transacting at the E-Shop.

 

9.2       A2A is not an agent for, and does not represent the E-Shops.  A2A shall not be liable nor responsible in any manner for the transactions between you and the E-Shops.

 

9.3       Whether in your capacity as User or Member, you shall be solely and directly responsible for all liabilities related to transactions entered into between you and the E-Shops and in relation to any information provided by you to the E-Shops.  You are reminded to make your own independent assessment of any purchase at any E-Shop.

 

9.4       A2A does not provide any guarantees with regard to the transactions undertaken by Users or members at the E-Shops and for the avoidance of doubt A2A confirms that it makes no warranties whatsoever in respect of the fitness for purpose, merchantability, quality, safety or illegality of any Product thereon.

 

 

Section 10       Offline Affiliate Partners

 

10.1      Any transactions at our Offline Affiliate Partners shall be recorded immediately at the point of sale using the A2A Mobile Application.

 

10.2      In the event you become aware of any discrepancy between the transaction records as captured on the A2A Mobile Application and the submissions from the Offline Affiliate Partner, you shall notify us of the same with full particulars and supporting documents within five (5) Business Days from the transaction date.

 

10.3      A2A shall have the absolute right and discretion to correct any inaccuracy in the LP recorded as earned or alleged to be earned by the Member at any time.  In the event the Member disputes the same and A2A rejects the basis of the dispute as alleged by the Member, the Member shall initiate dispute resolution with A2A in accordance with these Terms and Conditions.

 

10.4      Whether in your capacity as User or Member, you shall be solely and directly responsible for all liabilities related to transactions entered into between you and the Offline Affiliate Partners and in relation to any information provided by you to the Offline Affiliate Partners. You are reminded to make your own independent assessment of any purchase at any Offline Affiliate Partner.

 

10.5      A2A does not provide any guarantees with regard to the transactions undertaken by Users or members at the Offline Affiliate Partners and for the avoidance of doubt A2A confirms that it makes no warranties whatsoever in respect of the fitness for purpose, merchantability, quality, safety or illegality of any Product therein sold.

 

 

Section 11       Code of Ethics

 

11.1        You shall comply with the relevant applicable laws of Malaysia relating to A2A and in performing any activity, business or otherwise through the use of the A2A Platform.

 

11.2        You shall conduct your business on the A2A Platform with the highest standards of honesty, integrity and responsibility.

 

11.3        You shall not abuse the A2A Platform by uploading any post, image, video, file, sound or any other item that is false, defamatory, obscene, infringing any intellectual property right, threatening or otherwise deemed unsuitable by A2A or undertaking any activity on or through the A2A Platform that has not been specifically permitted by A2A or that may disrupt the A2A Platform.

 

11.4        You shall not cancel orders for Products repeatedly nor post negative feedback or comments on Products or A2A without reasonable cause or justification.

 

11.5        A2A shall have sole and absolute control over the contents of the A2A Platform and may delete, remove or reject any material that you may seek to post or upload.

 

11.6        You shall not use A2A’s name, logo or goodwill in any print, electronic or other media without A2A’s prior written consent and you shall not, in any circumstance, abuse or misuse A2A’s name, logo or goodwill in any such media.

 

11.7        You shall not duplicate or extract A2A’s literature, printed materials, website contents, app contents, Product description, images or pictures etc., as published at the A2A Platform without the prior written consent of A2A.

 

11.8        You shall indemnify and keep indemnified and hold harmless A2A from any claim for damages or liability arising out of your acts of advertising, using any promotional materials in any manner whatsoever, or providing statements about A2A or A2A Platform that have not been approved by A2A.

 

 

Section 12   Indemnity

 

12.1        You hereby covenant and undertake to indemnify and keep indemnified and hold A2A and our officers, directors, agents, subsidiaries, joint ventures and employees, harmless from any claim or demand or damages, including all attorneys' fees incurred or to be incurred, as a result of any claims, demands or proceedings, by any party due to or arising out of your breach of this Terms and Conditions, any applicable laws or regulations and/or any other act or omission by you on the A2A Platform that causes any cost, expense, damage or loss to A2A.

 

12.2        Should your activities or use of the A2A Platform cause any loss to A2A, you shall be liable for the same and shall compensate and make good all of A2A’s costs and expenses incurred or suffered. You shall be responsible for resolution of all complaints raised by any relevant authority, other Members or any other person whomsoever at your own cost and shall indemnify and keep indemnified and hold A2A harmless at all times in respect thereof.

 

 

Section 13       Intellectual Property Rights

 

13.1        A2A is the sole owner or lawful licensee of all the rights and interests on the A2A Platform and you shall not be entitled to any claim to or right therein under any circumstances whatsoever.  You shall not copy or use any of A2A’s trademarks or copyrighted marks as found on the A2A Platform.  You shall be solely and fully liable to compensate A2A for any cost, damage, expense or loss suffered arising therefrom.

 

13.2        You shall ensure that you do not post or upload any item to which you do not have permission or intellectual property rights in. You shall be deemed to have granted to A2A a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use (including the right to adapt, reproduce, modify) any post or content that you upload to the A2A Platform throughout the world in any media.

 

 

Section 14       Confidentiality and Privacy

 

14.1        A2A retains your personal information (the “Database”) in accordance with our Privacy Policy. All collection of personal data is governed by the laws of Malaysia.

 

14.2        You shall not be given access to the Database and you are prohibited from attempting to access, hack into or otherwise gain unauthorized access to the Database.

 

14.3        You shall be deemed to have hereby specifically consented to A2A sharing your personal contact information (name, contact telephone number and other contact information that A2A deems necessary) (“Personal Contact Information”) with your direct referrer as identified by A2A from time to time on a Member-to-Member basis in connection with transactions involving the Products and/or A2A membership matters (“Permitted Purpose”).  The consent herein given shall be effective until specifically withdrawn in writing by you (as the data owner) by a written withdrawal notice being received by A2A. If you are the recipient of such Personal Contact Information, you are not permitted to share, transmit, sell or otherwise make available the Personal Contact Information to any other person or to use or deal with the Personal Contact Information in any manner or for any purpose not being the Permitted Purpose.

 

14.4        You hereby consent to A2A sharing your personal information and all other information you enter onto the A2A Platform with A2A’s related companies, affiliates, advisors, service providers and permitted employees solely for the purpose of A2A’s business (including for market research and other purposes related to the A2A Platform and the business carried on thereat).

 

14.5        In the event you are found by A2A to have breached any privacy, have accessed or divulged personal data collected by A2A without any prior written consent from A2A, A2A reserves all its rights and remedies, including but not limited to the right to terminate the Membership and all its attached and accrued privileges. If in the event due to such acts by you, A2A suffers damage or loss, you shall keep A2A fully indemnified against such damages or losses.

 

14.6        Any omission of A2A to institute any action against any one Member for any unauthorized dissemination of A2A’s trade secrets or the Database shall not constitute a waiver of any rights of A2A against that Member or any other Member in this regard.

 

 

Section 15       Dispute Resolution

 

15.1        In the event of any dispute or difference arising between you and another Member or you and A2A, parties shall endeavor to resolve the dispute or difference by good faith discussions with each other.

 

15.2        In the event the dispute or difference remains, any party to the dispute may make a formal reference to A2A for dispute resolution.  A2A may review the facts of the matter and designate a senior executive to resolve the dispute in good faith taking into account the interests of the parties concerned.

 

15.3        All decisions of A2A shall be final and binding save and except that where the nature of the dispute is a serious material matter that has resulted in or may result in material loss or damage to property, reputation or injury to any person, any party may refer such dispute to the Malaysian Courts for resolution.

 

 

Section 16       Exclusions

 

16.1        A2A shall have no liability and provides no assurances or guarantees whatsoever in respect of the following events or matters:-

 

16.1.1       any third party website links that are found on the A2A Platform and any activities that you conduct whilst at such third party sites;

 

16.1.2       the A2A Platform being inaccessible due to site maintenance (whether routine or otherwise), power outages, communications failure, back-end technical issues relating to the A2A Platform, any natural disaster that affects the availability of the A2A Platform or any other reason affecting the technological infrastructure of the A2A Platform;

 

16.1.3       the accuracy or truth of any information or statement posted on or linked through the A2A Platform or any description or characteristic of any Products;

 

16.1.4       import or export laws, regulations or requirements that affect the transactions that you enter into on the A2A Platform; and/or

 

16.1.5       the E-Shops, A2A Mall third party resellers, the Offline Affiliate Partners, other Members or any other third party transacting on the A2A Platform and any content or posting by such person(s). 

 

A2A be not liable for any loss or damage suffered by any person arising from the foregoing. Your use of the A2A Platform shall be solely at your own risk.

 

16.2    A2A does not guarantee continued or secured access or use of the A2A Platform and your use of the A2A Platform shall be on an “as is” basis.  A2A does not guarantee that the A2A Platform shall be free of errors, bugs, omissions or any other fault.  A2A shall not be responsible for any delays or failures in the provision of services or Products through the use or access of the A2A Platform or otherwise, which are due to circumstances beyond its reasonable control, such as wars, strikes, riots, fire, flood, earthquake, nationwide or major telecommunications failure and any other natural disasters, or due to the enforcement of Malaysian laws or Malaysian Court orders.

 

16.3    A2A shall not be responsible for unauthorized access to your account or any transactions entered into through the A2A Platform. A2A shall further not be liable or responsible for any unsuitable or illegal content or conduct of any other User or Member. A2A shall not be liable for any special, incidental, indirect, or consequential or punitive damages of any kind, or any damages whatsoever, whether in contract, tort, strict liability or otherwise.

 

16.4    All representations and warranties whatsoever (including those implied by law) of any kind, expressed or implied are excluded.

 

16.5    In the event of a dispute between you and any other person in relation to Products purchased on or through the A2A Platform, A2A shall be deemed to have been unconditionally and irrevocably released from all claims, demands and damages, actual and consequential, arising out of or in any way connected with such dispute and A2A shall not be liable for any damages or losses that you or any third party may suffer or sustain as a result thereof.

 

 

Section 17       Governing Law

 

17.1    These Terms and Conditions shall be governed by the laws of Malaysia and shall be subject to the exclusive jurisdiction of the Courts of Malaysia.

 

17.2    Where there is a conflict of any foreign country’s law and that of Malaysia, the laws of Malaysia shall prevail.

 

 

Section 18       Personal Tax Compliance

 

18.1    All Users and Members shall be solely and personally liable for their own declaration of income to the relevant authorities and for any taxes whatsoever that they are or may be liable for under the laws of the relevant jurisdiction.

 

18.2    A2A shall be entitled to withhold any levies, taxes or duties (including but not limited to withholding taxes) that the laws of the relevant jurisdiction require them to withhold.

 

Section 19       Amendments to Terms and Conditions

 

19.1    A2A shall be entitled to amend, add to, change, modify, cancel, supplement or vary the Terms and Conditions, or any part thereof, at any time or from time to time in any manner whatsoever as A2A deems fit at A2A’s sole and absolute discretion (collectively “Amendments”). Any such Amendments shall be notified on this A2A Platform and shall be binding upon you immediately as from the effective date stated in the notification or in the absence of any stated effective date on the date of the notification appearing on the A2A Platform.

 

19.2    Any feature or service on this A2A Platform may be discontinued or varied at any time as A2A deems necessary at its sole direction.

 

19.3    Please keep yourself updated on these changes and please note that any access or use of the A2A Platform after posting or notification of the Amendments shall constitute your unqualified acceptance thereof.

 

19.4    You are requested to immediately cease to use the A2A Platform in the event you are not agreeable to any of the Amendments.

 

 

Section 20       General Terms and Conditions

 

20.1    Communications to A2A shall be directed to support@a2anetwork.net. All notices to you shall be effective if either delivered personally, by courier, email or where ever applicable, on or through the A2A Platform.  Service of any notice to you through electronic media shall for all purposes be deemed good and acceptable service and communication.

 

20.2    A2A shall have the right to assign and/or novate the Terms and Conditions or any part of the same to any person or entity, by providing written notice to you which shall be posted on or through the A2A Platform without requiring your prior consent. These Terms and Conditions govern your account and are personal and non-assignable, in whole or part, to any person or entity.

 

20.3    A2A has the right to change or add to these Terms and Conditions at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the A2A Platform with notice that A2A in its sole discretion deem to be reasonable in the circumstances. Any use of the A2A Platforms after publication of such changes shall constitute your acceptance of the amended Terms and Conditions.

 

20.4    If any provision of these Terms and Conditions is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

 

20.5    Headings are included for convenience only, and shall not be considered in interpreting these Terms and Conditions.

 

20.6    No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.

 

20.7    In the event of any conflict or difference between these Terms and Conditions as may be presented in different languages, the English version shall prevail.