1. Introduction
1.1 For the purposes of this Terms of Service (Customer) (“Terms of Service”), the
operator
of https://ckmama.com and CK Mama App, its subsidiaries and
/ or affiliates shall
collectively be referred to as “CK Mama”, “we”, “us” or “our”.
1.2 This Terms of Service shall be read together with the General Terms and Conditions (if
any) and all references made in the General Terms and Conditions (if any) shall apply to
this Terms of Service.
1.3 The Services provided or made available by CK Mama, namely the CK Mama Platform and/or
CK Mama App (collectively referred to as “Services”) include: (a) the platform known
as
https://ckmama.com (“Platform”) and / or the mobile
phone applicable known as “CK Mama App”;
(b) the services provided by the Platform and / or CK Mama App and by the software or
functions made available through the Platform and / or CK Mama App. Any new features added
to or augmenting the Services are also subject to this Terms of Service.
1.4 The Services include an online platform service and / or mobile phone application that
provides a place and opportunity for the provision of services by the confinement lady
(“Confinement lady”) to the customer (“Customer”). The actual contract for
service is
directly between the Confinement lady and the Customer and CK Mama is not a party to that or
any other contract between the Confinement lady and the Customer. CK Mama accepts no
obligations in connection with any such contract. Parties to such transaction will be
entirely responsible for the contract between them. CK Mama is not involved in the
transactions between the Confinement lady and the Customer save and except expressly stated
herein. CK Mama may or may not pre-screen content or information provided by the Confinement
Lady and / or the Customer. CK Mama reserves the right to remove any content or information
posted by you on the Platform and / or CK Mama App if it deemed inappropriate, inaccurate or
misleading. CK Mama cannot ensure that the Confinement lady and the Customer will actually
complete a transaction.
1.5 Before becoming a Customer of the Platform and / or CK Mama App, you must read and
accept all of the terms and conditions in, and linked to, the General Terms and Conditions
(if any) and this Terms of Service and you must consent to the processing of your personal
data as described in the Privacy Notice linked hereto.
1.6 CK Mama reserves the right to change, modify, suspend or discontinue all or any part of
this Platform and / or CK Mama App and / or the Services at any time or upon notice as
required by local laws. CK Mama may release certain Services or new features in a beta
version, which may not work correctly or in the same way the final version may work, and CK
Mama shall not be held liable in such instances. CK Mama may also impose limits on certain
features or restrict your access to parts of, or the entire, Platform and / or CK Mama App
and / or Services in its sole discretion and without notice or liability.
1.7 CK Mama reserves the right to refuse to provide you access to the Platform and / or CK
Mama App and / or Services or to allow you to open an Account for any reason.
1.8 BY USING THE PLATFORM, CK MAMA APP, THE SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR
IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THIS TERMS OF SERVICE, INCLUDING ANY ADDITIONAL
AND
/ OR UPDATED TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND / OR LINKED
HERETO.
1.9 IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE
PLATFORM AND / OR CK MAMA APP. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR
GIVING
CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (“LEGAL AGE”), YOU
MUST
GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR
LEGAL
GUARDIAN MUST AGREE TO THIS TERMS OF SERVICE. IF YOU DO NOT KNOW WHETHER YOU HAVE
REACHED
THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL
YOU
HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL
GUARDIAN
OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THIS TERMS OF SERVICE ON THE
MINOR'S
BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR THE SERVICES USING SUCH
ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
2. Privacy
2.1 Your privacy is very important to us at Platform and / or CK Mama App. We have provided
the Privacy Notice in the Platform and / or CK Mama App to explain our privacy practices in
detail. Please review the Privacy Notice to understand how CK Mama collects and uses the
information associated with your Account and / or your use of the Services. By using the
Services or providing information on the Platform and / or CK Mama App, you expressly
consent to CK Mama's collection, use, disclosure and / or processing of your personal data
as described in the Privacy Notice.
3. Accounts and Security
3.1 Some functions of our Services require registration for an Account by selecting a unique
user identification ("User ID") and password, and by providing certain personal information.
If you select a User ID that CK Mama, in its sole discretion, finds offensive or
inappropriate, CK Mama has the right to suspend or terminate your Account. You may be able
to use your Account to gain access to other products, Platform, CK Mama App or services to
which we have enabled access or with which we have tied up or collaborated. CK Mama has not
reviewed, and assumes no responsibility for any third-party content, functionality,
security, services, privacy policies, or other practices of those products, platforms, apps
or services. If you do so, the terms of service for those products, platforms, apps or
services, including their respective privacy policies, if different from this Terms of
Service and/or our Privacy Notice, may also apply to your use of those products, platforms,
apps or services.
3.2 You agree to (a) keep your password confidential and use only your User ID and password
when logging in, (b) ensure that you log out from your account at the end of each session on
the Platform and / or CK Mama App, (c) immediately notify CK Mama of any unauthorised use of
your Account, User ID and / or password, and (d) ensure that your Account information is
accurate and up-to-date. You are fully responsible for all activities that occur under your
User ID and Account even if such activities or uses were not committed by you. CK Mama will
not be liable for any loss or damage arising from unauthorised use of your password or your
failure to comply with this Section.
3.3 You agree that CK Mama may for any reason, in its sole discretion and with or without
notice or liability to you or any third-party, immediately terminate your Account and your
User ID, remove or discard from the Platform and / or CK Mama App any Content associated
with your Account and User ID, withdraw any bonuses, points and / or such other rewards in
any like form offered to you, cancel any transactions associated with your Account and User
ID, temporarily or in more serious cases permanently withhold any credits or refunds, and /
or take any other actions that CK Mama deems necessary. Grounds for such actions may
include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b)
violation of the letter or spirit of this Terms of Service, (c) illegal, fraudulent,
harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts,
(e) buying services on the Platform and / or CK Mama App for the purpose of commercial
re-sale, (f) voucher / reward abuse (including, but not limited to, selling of vouchers /
rewards to third-parties, selling of vouchers / rewards or other credits at a significant
markup above face value and / or abnormal or excessive use of vouchers / rewards on the
Platform and / or CK Mama App), or (g) behaviour that is harmful to other users, third
parties, or the business interests of the Platform and / or CK Mama App. Use of an Account
for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be
referred to law enforcement authorities without notice to you. If a legal dispute arises or
law enforcement action is commenced relating to your Account or your use of the Platform and
/ or CK Mama App and / or Services for any reason whatsoever and howsoever, CK Mama may
terminate your Account immediately with or without notice.
3.4 You may terminate your Account if you notify CK Mama in writing (including via email at
support) of your desire to do so. Notwithstanding any such termination, you remain
responsible and liable for any incomplete transaction (whether commenced prior to or after
such termination), payment for the service, or the like, and you must contact CK Mama after
you have promptly and effectively carried out and completed all incomplete transactions
according to the Terms of Service. CK Mama shall have no liability, and shall not be liable
for any damages incurred due to the actions taken in accordance with this Section. You waive
any and all claims based on any such action taken by CK Mama.
3.5 You may only use the Services and / or open an Account if you are located in one of our
approved countries, as updated from time to time.
4. Term of Use
4.1 The license for use of this Platform and / or CK Mama App and / or the Services is
effective until terminated. This license will terminate as set forth under this Terms of
Service or if you fail to comply with any term or condition of this Terms of Service and /
or the General Terms and Conditions (if any). In any such event, CK Mama may effect such
termination with or without notice to you.
4.2 You acknowledge, consent to and agree that CK Mama may access, preserve and disclose
your Account information, personal data, content to any legal, regulatory, or governmental
authority, the relevant rights owner, or other third-parties if required to do so by law
pursuant to an order of a court or lawful request by any governmental or regulatory
authority having jurisdiction over the Platform and / or CK Mama App or in a good faith
belief that such access preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce this Terms of Service; (c) respond to claims that any
content violates the rights of third-parties, including intellectual property rights; (d)
respond to your requests for customer service; or (e) protect the rights, property or
personal safety of the Platform and / or CK Mama App, its users, other confinement ladies
and/or the public.
4.3 CK Mama grants you a limited and revocable license to access and use the Services
subject to the terms and conditions of this Terms of Service. All proprietary Content,
trademarks, service marks, brand names, logos and other intellectual property
(“Intellectual
Property”) displayed in the Platform and / or CK Mama App are the property of CK
Mama and
where applicable, third-party proprietors identified in the Platform and / or CK Mama App.
No right or licence is granted directly or indirectly to any party accessing the Platform
and / or CK Mama App to use or reproduce any Intellectual Property, and no party accessing
the Platform and / or CK Mama App shall claim any right, title or interest therein. By using
or accessing the Services you agree to comply with the copyright, trademark, service mark,
and all other applicable laws that protect the Services, the Platform and / or CK Mama App
and its content. You agree not to copy, distribute, republish, transmit, publicly display,
publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of
the Services, the Platform and / or CK Mama App and / or its content. You also may not,
without our prior written consent, mirror or frame any part or whole of the contents of this
Platform and / or CK Mama App on any other server or as part of any other website. In
addition, you agree that you will not use any robot, spider or any other automatic device or
manual process to monitor or copy our content, without our prior written consent (such
consent is deemed given for standard search engine technology employed by Internet search
websites to direct Internet users to this Platform and / or CK Mama App).
5. Violation of Our Terms of Service
5.1 Violations of this Terms of Service may result in a range of actions, including, without
limitation, any or all of the following:-
(a) Limits placed on Account privileges;
(b) Account suspension and subsequent termination;
(c) Criminal charges;
(d) Civil actions, including without limitation a claim for damages and / or interim or
injunctive relief.
5.2 If you believe a user, customer or confinement lady on our Platform and / or CK Mama App
is violating this Terms of Service, please contact help @ +60 11-3685 5868.
6. Order and Payment
6.1 You hereby expressly acknowledge that CK Mama is expressly authorised and consented by
the Confinement Lady to accept payment for and on his / her behalf for all services provided
by the confinement lady to you.
6.2 If requested by the Confinement Lady, you may be requested to pay deposit in the sum as
stipulated in your order confirmation.
6.3 Once order being placed and accepted by the Confinement Lady, any replacement request
maybe be subject to reasonable additional costs and expenses charged by the Confinement Lady
and / or CK Mama. You hereby expressly acknowledge and agree that such reasonable additional
costs and expenses charged by the Confinement Lady and / or CK Mama shall be at such rate to
be determined by the Confinement Lady and / or CK Mama at its absolute discretion. Any
surplus deposit paid (after deducting such reasonable additional costs and expenses charged
by the Confinement Lady and / or CK Mama) shall be transferred to the replacement
confinement lady.
6.4 CK Mama supports one or more of the following payment methods in each country it
operates in:-
(i) Credit Card
Card payments are processed through third-party payment channels and the type of credit
cards accepted by these payment channels may vary depending on the jurisdiction you are in.
(ii) Bank Transfer
You may make payments through an Automated Teller Machine or internet bank transfer (“Bank
Transfer”) to our designated CK Mama’s Account as follows:-
Bank : Public Bank Berhad
Account Holder : CKMAMA SDN BHD
Account Number : 322 597 6120
Swift Code : PBBEMYKLXXX
Address : CKMAMA SDN BHD - 202101035794 (1436094-A)
Lot No.7F-2, 7th Floor Tower4 @PFCC, Jalan Puteri 1/2,
Bandar Puteri, 47100 Puchong, Selangor, Malaysia
If applicable, you must provide CK Mama with the transfer receipt or payment transaction
reference for verification purposes through the “Upload Receipt” function found in the
Platform and / or CK Mama App as payment confirmation. If payment confirmation is not
received by CK Mama within three (3) days, your order will be cancelled.
(iii) Such other payment method as may be determined by CK Mama from time to time.
6.5 You may change your preferred mode of payment for your purchase prior to making payment.
6.5 CK Mama takes no responsibility and assume no liability for any loss or damages to you
arising from payment information entered by you or wrong remittance by you in connection
with the payment for the items purchased. We reserve the right to check whether you are duly
authorised to use certain payment method, and may suspend the transaction until such
authorisation is confirmed or cancel the relevant transaction where such confirmation is not
available.
7. Processing Fees
7.1 CK Mama shall be entitled to charge such processing fees at the rate to be determined by
CK Mama from time to time for your usage of the Platform and / or CK Mama App and / or the
Services.
7.2 Such processing fees will be made known to you prior to your order / request for
services to be provided by the Confinement Lady. In the event of you made the order /
request for services to be provided by the Confinement Lady, you hereby irrevocably agree to
pay CK Mama such processing fees upon placement of your order / request for services.
8. Delivery
8.1 CK Mama will inform the Confinement lady when CK Mama receives your payment. Unless
otherwise agreed with CK Mama, the Confinement lady should then make the necessary
arrangements to have the services delivered directly to you within the period of time as
agreed.
8.2 You understand that the Confinement lady bears all risk and liability attached to the
delivery of services directly to you and warrant that he / she has or will obtain adequate
insurance coverage in relation thereto. In the event of any personal, property or financial
injury, loss, damage or consequential loss of any kind arising out of the services during
the course of performance, you hereby acknowledge and agree that CK Mama will not be liable
for any loss, damage, expense, cost or fees resulted therefrom and you and the Confinement
lady will reach out to each other to resolve such dispute.
8.3 There may be any additional miscellaneous charges, which will be added when you checkout
your order. Please make sure that you are satisfied with the additional miscellaneous
charges, if any, before confirming your order for services at checkout.
8.4 CK Mama reserve the rights to request the Confinement lady to withhold performance of
the services to you if CK Mama has doubts whatsoever as to your creditworthiness or
insufficient identification.
8.5 The general delivery policy set by CK Mama for all Confinement Lady are as follows:-
(a) Services will be delivered to the Customer by the Confinement Lady in accordance with
the delivery option and details specified by the Customer when the Customer placed its
order.
(b) The Confinement Lady may deliver the services comprised in the Customer’s order in
multiple package(s)/stage(s) subject to mutual agreement between the parties.
(c) Delivery of services will be made at the address specified in the Customer’s order.
(d) The Confinement Lady cannot and will not deliver services within the same order to
multiple addresses.
(e) The Confinement Lady will not entertain any request for change of address after order
confirmation is issued.
(f) The Confinement Lady will deliver the services at the address specified and keyed in by
the Customer in the order form.
(g) If delivery of services is delayed through the Customer’s unreasonable refusal to accept
the services, then the Confinement Lady may (without affecting any other right or remedy
available to them) do either or both of the following:
1. Charge the Customer for reasonable additional fees and other costs incurred; and / or
2. No longer make the services available and notify the Customer that the Confinement Lady
will immediately cancel the order, in which case, the Confinement Lady will refund and/or
cause to be refunded to the Customer any money already paid to CK Mama and/or the
Confinement Lady under the order, less reasonable processing fees, administrative charges
and costs incurred, if any.
(h) If the Customer request for re-schedule, the Confinement Lady is entitled to charge
additional fees for providing such additional services.
9. Cancellation and Refund
9.1 Cancellation
(a) You may only cancel the order any time prior to the performance of the services by the
Confinement Lady and the deposit paid, if any, shall be forfeited absolutely to the
Confinement Lady as agreed liquidated damages.
(b) In the event of cancellation of order due to miscarriage or death, you shall be entitled
to the refund of ninety per centum [90%] of the deposit paid and you hereby agree that ten
per centum [10%] of the deposit paid shall be agreed administrative fees paid to CK Mama.
(c) CK Mama reserves the right to cancel any transaction on the Platform and / or CK Mama
App without the need to assign any reason whatsoever and you hereby agree that your sole
remedy will be to receive a refund of monies paid to CK Mama.
9.2 Refund
(a) Application for Refund
(i) You may only apply for the refund in the following circumstances:-
• The service has not been received by you attributable to the fault and default of the
confinement lady;
• Confinement lady has delivered service that does not match the agreed written terms to the
Customer;
• By way of private arrangement between you and the Confinement Lady. Under such
circumstances, CK Mama shall be entitled to deduct ten per centum [10%] of the deposit paid
as agreed administrative fees.
(ii) Change of mind is not applicable to refund.
(iii) Your application must be submitted to CK Mama through the designated email / phone
number as determined by CK Mama and CK Mama will review your application on a case-by-case
basis and in its sole discretion, determine whether your application is successful.
(iv) You acknowledge and agree that CK Mama’s decision is final, conclusive and binding. You
covenant and agree that you will not bring suit or otherwise assert any claim against CK
Mama in relation to such decision.
(b) Refund
(i) You will only be refunded after CK Mama performed the necessary verification.
(ii) Subject to the terms and conditions as stated herein, CK Mama will arrange for the
refund of such monies paid (excluding the processing fees / administrative fees charged, if
any, which shall be determined by CK Mama) to your designated account within thirty (30)
days after CK Mama complete the verification process.
10. Disputes
10.1 In the event a problem arises in a transaction, CK Mama and you agree to communicate
with each other first to attempt to resolve such dispute by mutual discussions. If the
matter cannot be resolved by mutual discussions, you may approach the claims tribunal of
your local jurisdiction to resolve any dispute arising from a transaction.
11. Feedback
11.1 CK Mama welcomes information and feedback from our users which will enable CK Mama to
improve the quality of service provided. Please refer to our feedback procedure below for
further information:-
(a) Feedback may be made in writing through email to or using the feedback form found on the
Platform and / or CK Mama App;
(b) Anonymous feedback will not be accepted.
(c) Customers and / or Confinement Ladies affected by the feedback will be fully informed of
all facts and given the opportunity to put forward their case.
(d) Vague, offensive, abusive and defamatory feedback will not be entertained.
12. Disclaimers
12.1 THE PLATFORM AND / OR CK MAMA APP ARE PROVIDED STRICYLY ON "AS-IS" BASIS AND WITHOUT
ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY CK MAMA OF ANY KIND EITHER EXPRESSED,
IMPLIED OR STATUTORY WITH RESPECT TO THE PLATFORM AND/OR CK MAMA APP, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING,
COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, CK MAMA DOES NOT WARRANT THAT THE PLATFORM AND / OR CK
MAMA APP OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED,
TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED,
OR THAT THIS PLATFORM AND / OR CK MAMA APP AND / OR 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.
12.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE
PLATFORM AND / OR CK MAMA APP REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW.
12.3 CK MAMA HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR THE FITNESS FOR PURPOSE, EXISTENCE,
QUALITY, SAFETY OR LEGALITY OF THE PLATFORM AND / OR CK MAMA APP. IF THERE IS A DISPUTE
INVOLVING ONE OR MORE CUSTOMERS AND/OR CONFINEMENT LADIES, SUCH CUSTOMERS AND/OR CONFINEMENT
LADIES AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, RELEASE CK MAMA, ITS PARENT COMPANY, AFFILIATES AND ASSOCIATES
FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH
DISPUTE.
13. Exclusions and Limitation of Liability
13.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CK MAMA BE LIABLE
WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE [WHETHER
ACTIVE, PASSIVE OR IMPUTED], PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER
CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
(A) LOSS OF USE;
(B) LOSS OF PROFITS;
(C) LOSS OF REVENUES;
(D) LOSS OF DATA;
(E) LOSS OF GOOD WILL;
(F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
(G) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR INABILITY TO USE THIS PLATFORM AND/OR CK MAMA APP AND / OR THE
SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF CK MAMA
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 SUBJECT TO THE TERMS AND CONDITIONS HEREINMENTIONED, YOU ACKNOWLEDGE AND AGREE THAT
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE PLATFORM AND / OR
CK MAMA APP IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND / OR DISCONTINUE ANY USE OF
THE PLATFORM AND / OR CK MAMA APP.
13.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, CK MAMA IS FOUND BY A COURT OF COMPETENT
JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE
LESSER OF: (A) ANY AMOUNTS NOT EXCEEDING PROCESSING FEES PAID TO CK MAMA; OR (B) RM100.00
(RINGGIT MALAYSIA ONE HUNDRED) ONLY, WHICHEVER SHALL BE THE LOWER.
13.4 NOTHING IN THIS TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR
PERSONAL INJURY CAUSED BY CK MAMA’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE
PART OF CK MAMA THAT CANNOT BE LAWFULLY LIMITED AND / OR EXCLUDED.
14. Your Representations and Warranties
14.1 You represent and warrant that:-
(a) you possess the legal capacity (and in the case of a minor, valid parent or legal
guardian consent), right and ability to enter into this Terms of Service and to comply with
its terms; and
(b) you will use the Services for lawful purposes only and in accordance with this Terms of
Service and all applicable laws, rules, codes, directives, guidelines, policies and
regulations.
15. Fraudulent or Suspicious Activity
15.1 If CK Mama, in its sole discretion, believes that you may have engaged in any
potentially fraudulent or suspicious activity and / or transactions, we may take various
actions to protect CK Mama, other users or service providers, other third-parties or you
from claims, fees, fines, penalties and any other liability. The actions we may take include
but are not limited to the following:
(a) We may close, suspend, or limit your access to your Account or the Services, and / or
suspend the processing of any transaction;
(b) We may hold, apply or transfer the funds in your Account as required by judgments and
orders which affect you or your Account, including judgments and orders issued by courts in
Malaysia or elsewhere and directed to CK Mama;
(c) We may refuse to provide the services to you now and in the future;
(d) We may hold your funds for a period of time reasonably needed to protect against the
risk of liability to CK Mama or a third party, or if we believe that you may be engaging in
potentially fraudulent or suspicious activity and/or transactions.
16. Indemnity
16.1 You agree to indemnify, defend and hold harmless CK Mama, and its shareholders,
subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and
employees (collectively, the "Indemnified Parties") from and against any and all
claims,
actions, proceedings, and suits and all related liabilities, damages, settlements,
penalties, fines, costs and expenses (including, without limitation, any other dispute
resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a)
any transaction made on the Platform and / or CK Mama App, or any dispute in relation to
such transaction, (b) the hosting, operation, management and/or administration of the
Services by or on behalf of CK Mama, (c) your violation or breach of any term of this Terms
of Service or any policy or guidelines referenced herein, (d) your misuse of the services,
(e) your breach of any law or any rights of a third-party, or (f) any content uploaded by
you.
17. Severability
17.1 If any provision of this Terms of Service shall be deemed unlawful, void, or for any
reason unenforceable under the law of any jurisdiction, then that provision shall be deemed
severable from this terms and conditions and shall not affect the validity and
enforceability of any remaining provisions in such jurisdiction nor the validity and
enforceability of the provision in question under the law of any other jurisdiction.
18. Governing Law
18.1 This Terms of Service will be governed by and construed under the laws of the Malaysia.
Each party accessing this Platform and / or CK Mama App hereby submits to the exclusive
jurisdiction of the courts of Malaysia and waives any jurisdictional, venue or inconvenient
forum objections to such courts.
19. General Provisions
19.1 CK Mama reserves all rights not expressly granted herein.
19.2 CK Mama may modify this Terms of Service at any time by posting the revised Terms of
Service on this Platform and / or CK Mama App. Your continued use of this Platform and / or
CK Mama App after such changes have been posted shall constitute your acceptance of such
revised Terms of Service.
19.3 You may not assign, sublicense or transfer any rights granted to you hereunder or
subcontract any of your obligations.
19.4 Nothing in this Terms of Service shall constitute a partnership, joint venture or
principal-agent relationship between you and CK Mama, nor does it authorise you to incur any
costs or liabilities on CK Mama’s behalf.
19.5 The failure of CK Mama at any time or times to require performance of any provision
hereof shall in no manner affect its right at a later time to enforce the same unless the
same is waived in writing.
19.6 This Terms of Service are solely for your and our benefit and are not for the benefit
of any other person or entity, except for CK Mama's parent, affiliates and subsidiaries (and
each of CK Mama's and its affiliates' and subsidiaries' respective successors and assigns).
19.7 The terms set forth in this Terms of Service and any agreements and policies included
or referred to in this Terms of Service constitute the entire agreement and understanding of
the parties with respect to the Services and the Platform and / or CK Mama App and supersede
any previous agreement or understanding between the parties in relation to such subject
matter. The parties also hereby exclude all implied terms in fact. In entering into the
agreement formed by this Terms of Service, the parties have not relied on any statement,
representation, warranty, understanding, undertaking, promise or assurance of any person
other than as expressly set out in this Terms of Service. Each party irrevocably and
unconditionally waives all claims, rights and remedies which but for this Section it might
otherwise have had in relation to any of the foregoing. This Terms of Service may not be
contradicted, explained or supplemented by evidence of any prior agreement, any
contemporaneous oral agreement or any consistent additional terms.
19.8 You agree to comply with all applicable laws, statutes, regulations and codes relating
to anti-bribery and corruption and confirm that you have and shall have in place all
policies and procedures needed to ensure compliance with such requirements.
19.9 If you have any questions or concerns about this Terms of Service or any issues raised
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