TERMS AND CONDITIONS

Last Updated: 17th October 2021

IMPORTANT, PLEASE READ CAREFULLY: XIXI TRADING GRANTS YOU THE NON-EXCLUSIVE, NON-TRANSFERABLE RIGHT TO ACCESS AND USE THE SERVICES, SUBJECT TO THESE TERMS AND CONDITIONS (“T&C”) STATED HEREIN. YOUR USE OF AND ACCESS TO OUR WEBSITE, PRODUCTS AND SERVICES (COLLECTIVELY, THE "SERVICES") OF XIXI TRADING SDN. BHD. (“XIXI TRADING”) AND ITS MEMBERS IS CONDITIONED UPON YOUR STRICT COMPLIANCE WITH AND ACCEPTANCE OF THESE T&C. KINDLY REVIEW THESE T&C THOROUGHLY BEFORE ACCEPTING.


BY CLICKING/CHECKING THE "I AGREE TO THE TERMS AND CONDITIONS." BOX/BUTTON, ACCESSING OUR WEBSITE OR BY UTILIZING OUR SERVICES YOU AGREE TO BE BOUND BY THESE T&C. THEY CONTINUE TO APPLY AFTER YOUR SUBSCRIBTION HAS ENDED AND/ OR TERMINATED. OUR SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE T&C.


Note: Individual who accepts these T&C on other’s behalf (whether a company, a firm or another individual) will be personally liable to XIXI TRADING if the individual does not have the authority to bind that other person to these T&C as our subscriber.

Definition and Interpretation

As used in these T&C,

“content” refers to any images (still or moving) of any kind, video, text, audio, music, speech and other sounds, and data used by XIXI TRADING;

“data protection laws” means the Personal Data Protection Act 2010 and/or any corresponding laws or regulations and any applicable laws replacing, amending, extending, re-enacting or consolidating any of the above data protection laws from time to time;

“our” means “XIXI TRADING’s”;

“our service” or “the service” means “XIXI TRADING service”;

“person” includes an individual, a partnership and a corporation of any kind;

“PRO service” refers to any content, product or service that XIXI TRADING have identified as PRO on our website;

“subscription” includes continuing use of XIXI TRADING service in return for prescribed payment, where that payment plan has been offered by XIXI TRADING and accepted by you;

“we” and “us” refer to XIXI TRADING;

“you” means the person who has subscribed to XIXI TRADING service, which may be a company, a firm or an individual;

“authorised user” means you and anyone else who uses XIXI TRADING service through your account and either does so with your permission or works for you;

“XIXI TRADING service” means any product or service provided by XIXI TRADING, including the website and user interfaces, all features and functionalities, recommendations and reviews, as well as all content and technology associated with our service;


A reference to your subscription ending includes its termination; and


A reference to the singular or the plural includes both, and a reference to any gender includes all genders.

Our Services

Unless otherwise stated or permitted by XIXI TRADING, you shall nominate only ONE authorised user of your account per subscription. The term “you” in these T&C shall also include, wherever applicable, your authorised user(s). You may access, search, browse and view the subscribed services for your exclusive use.

Except as expressly stated in these T&C or otherwise permitted in writing by XIXI TRADING, you must not abridge, modify, translate or create any derivative work based on our services; remove, obscure or modify in any way any copyright notices, other notices or disclaimers as they appear in our services; or substantially or systematically reproduce, retain or redistribute our services. XIXI TRADING will provide the services as described on our website, and standard updates to the services that are made generally available by XIXI TRADING during the term. XIXI TRADING may, at its sole discretion, discontinue the services or modify the features of the service from time to time without prior notice. XIXI TRADING has the right to monitor your usage activity, accessible online for the purpose of your usage analysis.

PRO Service: XIXI TRADING may, from time to time, offer access to services that are classified as PRO. Access to and use of PRO Service may be subject to additional subscription charges and agreements. XIXI TRADING makes no representations that a PRO service will ever be made generally available and reserves the right to discontinue or modify a premium service at any time without notice. PRO service is provided on an 'as is' basis.

To subscribe to our service, you agree and undertake to use our website, content, product and service only as permitted by these T&C and within the scope of your subscription. It is not a term of your agreement with us that the service is of satisfactory quality or has any functionality that is not described in the product description, or that we will develop or correct any unintended defects. We may remove any functionality from our service without providing any reason or warning.

We will provide our service with reasonable care and reasonable skill, but it is not a term of your agreement with us that any of our service will achieve any particular outcome.

Our website and its contents and information, including without limitation, format, layouts, text, tools, photographs, images, videos, animations and any other content, our products or other material, whether graphic, audio visual or otherwise, available from our website are owned by us or our licensors, as appropriate. We reserve all our rights in relation to our website and its contents, our products and services or any other graphic or audio-visual content available from our website. We may transfer our rights and obligations to anyone without your permission. Any unauthorised use, copying, publication, uploading, framing, posting, downloading, transmitting, distributing or other misuse of our website or its contents is strictly prohibited.

You must not reproduce, resell, or distribute XIXI TRADING services or any reports or data generated by the services for any purpose unless you have been specifically permitted to do so under a separate agreement with XIXI TRADING. You must not offer or enable any third parties to use the services purchased by you, display on any website or otherwise publish the services or any content obtained from XIXI TRADING service, or otherwise generate income from XIXI TRADING services or to use the same for any unauthorised development, production or marketing of a service or product substantially similar to services provided by XIXI TRADING.

Our website, product, content and/or service, or any part of it or functionality within it, may be unavailable at times due to maintenance, malfunction or other reasons. XIXI TRADING cannot be held liable for this, nor any delays, errors, interruptions or defects you experience. We cannot make any promises in relation to the performance of the website. You are responsible for configuring your devices in order to access our website and services available on it. You should use your own virus protection software.

XIXI TRADING services are not intended for use by individuals under the age of 16. Minors should only access our website or subscribe to our service under the supervision of an adult.

You must ensure that only one individual knows the primary username and associated password for your account, and that each of your authorised users keeps his own password secret. Unless and until you inform us that you believe someone is using the service through your account without your permission, anyone using it through your account is deemed to be one of your authorised users and you will be liable for that use.

You must not charge anyone for using the service through your account except with XIXI TRADING’s written confirmation and consent.

You must not use XIXI TRADING service in any way that infringes any rights of any third party or in connection with any offence, libel or slander, or in any way that is unlawful, unreasonably causes any person distress or offence, or brings our name into disrepute.

PRO service can be used for an additional charge. The charge will be shown when the PRO service is selected and if you authorise that charge with your password and/or through your account, we will collect it using the payment method you have registered with us.

PRO content may have been provided by an authorized third party, but where that is the case we have the right to allow you to use it in accordance with these T&C. XIXI TRADING reserve the right to reject any order for and/or subscription to our service.

Other than the right to access and use your account, you will not acquire any title, right, or interest to or from our service, all of which are retained by us or the persons who have licensed any parts of our service.

XIXI TRADING may terminate your subscription, close your account and/or prevent your access to and use of our services without any liability to you in any of the following circumstances: (a) If you fail to pay any monies due to XIXI TRADING in connection with any services by the due date; (b) If you breach any of these T&C in any way; (c) If you use the services in any way which, in our reasonable opinion, is in breach of these T&C; (d) If a third party threatens to start legal proceedings against XIXI TRADING based on any of your use of the services; (e) If you challenge or dispute any of our rights in or to the services, or the rights of any persons who have licensed any parts of the services to us.

We may, at our absolute discretion, terminate your subscription, suspend, close your account and prevent your use of the services without giving any reason or warning, but in this case XIXI TRADING will refund any monies you have paid in respect of any future period. XIXI TRADING reserves all rights at its absolute discretion to vary, delete or add to any of these T&C and/or withdraw, substitute or replace the services with another product or services of equivalent value from time to time without any prior notice.

Billing

To use XIXI TRADING services you must provide one or more payment mechanism. You acknowledge and agree that membership fee for XIXI TRADING services and any other charges you may incur in connection with your use of our services, such as taxes and possible transaction fees is strictly non-refundable and will be charged to your credit card or other payment mechanism selected by you and approved by XIXI TRADING (“your account”). You authorize us to charge any amounts due and owing for the services, including taxes and service fees, set up fees, subscription fees, or any other fees or charges associated with your account.

We may change our subscription plans and the price of our service from time to time, including changing from a free service to a paid service and charging for services that were previously offered free of charge; provided, however, that XIXI TRADING will provide you with prior notice.

You agree that in the event XIXI TRADING is unable to collect the fees owed to XIXI TRADING for the services through your account, XIXI TRADING may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by XIXI TRADING in connection with such collection activity, including collection fees, court costs and legal fees. You further agree that XIXI TRADING may collect interest at the lesser of 8% per month or the

highest amount permitted by law on any amounts not paid when due. You may cancel your subscription at any time. If you cancel, you will not receive a refund for any service already paid for.

Payment Terms: XIXI TRADING will attempt to take the first payment straight away and your subscription will start as soon as the payment has been successfully processed until your subscription is terminated or suspended. The currency of account and currency of payment for any sum to be paid by you to XIXI TRADING will be United States Dollar. You hereby agree and confirm to waive any right you may have at any time in any jurisdiction to pay any sum due in a currency unit other than that in which it is expressed to be payable under this clause. Unless otherwise stated or permitted by XIXI TRADING, our charges will be exclusive of any goods and services tax, service tax, value-added or consumption tax from time to time imposed on the supply of our services. You will be liable for any such taxes in addition to our charges. For the purposes of payment of the good and services tax imposed under the applicable laws of Malaysia, you hereby warrant that the facts of its status declaration set out in your order/ subscription application form are true and accurate.

You also acknowledge and agree that your subscription charges of XIXI TRADING services cannot be combined with any other offers or exchanged for cash or any other products in kind without prior written confirmation from XIXI TRADING.

Exclusion and Limitation of Liability

Our service is provided on an 'as is' basis and XIXI TRADING, its authorized affiliates, permitted suppliers and resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. XIXI TRADING, its authorized affiliates, permitted suppliers and resellers make no warranty or representation regarding the results that may be obtained from the use of the services, regarding the accuracy or reliability of any information obtained through the services or that the services will meet any user’s requirement, or be uninterrupted, timely, secure or error free. Any material and/or data offered, downloaded or otherwise obtained through the use of our services is at your own discretion and risk. Your will be solely responsible for any damage to you resulting from the use of the services. XIXI TRADING cannot guarantee and does not promise any specific results from use of the services.

Under no circumstances will XIXI TRADING, its employees, agents, affiliates and sub-contractors, or its member and third parties connected to it, assume any responsibility and/or liability for any special, incidental, direct or indirect, exemplary or consequential damages, costs, damages, claims, actual or alleged indirect loss or consequential loss whatsoever and however arising suffered by you, including, but not limited to, loss of profits, loss or corruption of or to data, savings, revenue, expected profits, goodwill, business or opportunity, reputation, any pecuniary loss or any other sort of economic loss. Our maximum aggregate liability in contract, tort, or otherwise, including any liability for any negligent act or omission, arising out of, or relating to your use of the service or in connection with the performance of obligations under these T&C in respect of any one or more incidents or occurrences shall be limited to 30USD only.

The exclusions and restrictions of our liability in this clause shall cover all loss, damage, costs and expenses of the kind described no matter what the basis for our liability, and even if they result from our negligence or from other negligence for which we would otherwise be liable.

Indemnification

You agree to indemnify, defend and hold harmless XIXI TRADING, its authorised affiliates, officers, directors, employees, consultants, agents, permitted suppliers and resellers from any and all third party claims, liability, damages and/or costs, including without limitation any legal fees, arising from your use of the services, your violation of these T&C or the infringement or violation by you, your authorised user or any other user of your account, of any intellectual property or other right of any person or entity or applicable law.

Acceptance of these T&C

By using our service or browsing our website, you are agreeing to these T&C and any policies we have, including our privacy and cookie policies, if any. If you do not agree to these T&C, you must not access or otherwise subscribe to our service. Any use of our service by your authorised users is deemed to be use by you; any act or omission by your authorised users in relation to our service is deemed to be your act or omission; references to “your use” in these T&C and our policies include any use by your authorised users.

Changes to these T&C

XIXI TRADING may modify, alter or update these T&C at any time so please check this page regularly. As above, if you continue to use our service you will be deemed to have accepted any changes to these T&C.

Choice of Law and Forum

These T&C shall be governed by and construed under the laws of Malaysia, as applied to agreements entered into and to be performed in Sarawak by Sarawak residents. Except as expressly agreed by the XIXI TRADING in writing, the parties consent and subject to the exclusive jurisdiction and venue of the courts located in and serving at Sibu, Sarawak.

Waiver and Severability

Failure by either party to exercise any of its rights under, or to enforce any provision of, these T&C will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of these T&C is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of these T&C will remain in full force and effect.

Privacy

XIXI TRADING will not, without your prior written consent, transfer any personal data of our subscriber/customer to any non- affiliated third party or use it for any purpose other than as described in these T&C and in our privacy policy, provided always that you agree and recognise that XIXI TRADING may have to perform a due diligence on our subscriber/customer to comply with data security, or regulatory laws and audits and any sub-contractor appointed to carry out any part of our services.

No Partnership

Nothing in these T&C shall create or be deemed to create a partnership or the relationship of principal and agent between the parties, and you shall have no authority to buy or to make any representation or warranty on XIXI TRADING’s behalf.

General Provisions

These T&C embodies the entire understanding and agreement between the parties respecting the subject matter of these T&C and supersedes any and all prior understandings and agreements between the parties respecting such subject matter, except that if you have executed a separate written agreement referencing a separate agreement governing your use of XIXI TRADING services, then such agreement shall control to the extent that any provision of these T&C conflicts with the terms of such agreement. XIXI TRADING may elect to change or supplement the terms of these T&C from time to time at its sole discretion. XIXI TRADING will exercise commercially reasonable business efforts to provide notice to you of any material changes to these T&C. Within fourteen (14) business days of posting changes to these T&C (or fourteen (14) business days from the date of such notice, if such is provided), they will be binding on you. If you do not agree with the changes, you should discontinue using the services. If you continue using the services provided by XIXI TRADING after such period, you will be deemed to have accepted the changes to the T&C. In order to participate in certain services, you may be notified that you are required to download certain software at your own costs and/or agree to additional terms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into these T&C. These T&C has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of these T&C is solely for accommodation purposes.

Our acceptance of your subscription charges, and our permitting your authorised users to use our services, will not prevent us from exercising any right or remedy we may have in respect of your breach of these T&C even if we are aware of the breach at the time, and you agree not to claim that it does. Only you and XIXI TRADING (and our successors in title) may enforce these T&C, and we do not need any third party’s consent before changing them or terminating the agreement you have with us, if any.

You agree not to transfer any of your rights or obligations under this T&C except where you have obtained consent in writing from XIXI TRADING.