Terms and Conditions
Welcome to https://safetrack.my/ (“Website”) and/or the Safetrack mobile application (“App”) (as applicable). The Website and/or the App (and domain name) are owned and operated by Davino Sdn. Bhd. (Company Number 1087274D) (“Davino”, “us”, “we”, or “our”).
The Website and/or the App is running a merchant system which allow the make of daily record of body temperature, organised data and filter or generate customer check-in report (“SafeTrack” or “Services”).
Prior to using the Website and/or the App, please ensure that you have read and understood the Terms. If you do not understand the Terms, please call or e-mail us to seek clarification before such use. By accessing the Website and/or the App, you acknowledge and agree to be bound by the Terms. If you do not agree to the Terms, please leave the Website and/or exit the App immediately.
The original language of the Terms is English. You may peruse translations for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail.
You shall not, without our prior written consent, access our Website and/or the App or accept any products and/or services (i) for production purposes, (ii) if you are a competitor, (iii) to monitor the availability, performance or functionality of our products and/or services or (iv) for other benchmarking or competitive purposes.
We reserve the right to make any unilateral changes, variations, amendments, modifications, alterations and adjustments to the Terms. Such unilateral changes, variations, amendments, modifications, alterations and adjustments shall be effective upon publication on the Website and/or App. You are advised to check the Terms periodically for amendments and/or changes.
Prior to using the Services, you are required to open and maintain either a mobile app account and/or an online account, both of which will be linked (“Account”).
You may register for the appropriate Account through the Website and/or the App by using your business/company details (including but not limited to your business/company name, mobile phone number, email address, bank transaction details or other payment option details). We do not collect any registration or processing fee upon your registration.
Upon the creation of your Account, you represent, warrant, agree and undertake that:-
- you have full legal capacity to register and use an Account through the Website and/or the App, you shall be able to bind yourself in an agreement and bear any legal consequence;
- your personal details are true, accurate and up-to-date;
- you shall be personally responsible for maintaining the confidentiality of your Account, user login, password and all activities that occur within your Account;
- you shall not use our Website for any unlawful purpose;
- you shall not manufacture and / or use other devices, software, features and tools that are intended to manipulate the system of the Website and/or the App;
- you shall not harvest or collect personal details or information of others without their consent; and
- you shall not use the Website and/or the App for any purpose other than intended or stated on the Website and/or the App.
Your Account will be activated once we have (in our sole discretion) accepted your registration for an Account. Use of your Account shall be governed by the Terms.
Upon activation, you may use or access SafeTrack through your Account in accordance with the Terms.
We shall not be liable for any loss or damage arising from the misuse of your Account resulting from your negligence, including but not limited to lending or providing access to others, accessing links or links provided by others, providing or displaying passwords or emails to third parties, or other negligent acts resulting in loss or obstruction to your Account.
We reserve the right to cancel, suspend, block or delete your Account on the Website and/or the App at any time for any reason without any liability and without the need to inform you of the reason therefor.
You are NOT eligible to use the Website and/or the App without consent if you are under 18 years of age or any other age, which the law does not allow you to enter into a legally binding contract in the jurisdiction you are from. If you are below the age of 18, you can use the Website and/or the App with the consent and supervision of your parent and/or legal guardian who is at least 18 years old, provided that your parent and/or legal guardian also agrees to be bound by these Terms and agrees to be responsible for your use of the Website and/or the App.
You are not eligible to use the Website and/or the App if you have previously been suspended from using the Website and/or the App for any reason and we have not explicitly authorized you to resume using the Website and/or the App. We reserve the right to refuse use of the Website and/or the App to anyone for any reason without liability
The Website and/or the App provide an interactive online service, consisting of information services, content and transaction capabilities facilitated through Davino, affiliates of Davino or merchants (“Merchants”).
User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in services or events that are beyond our control, and we shall not be responsible for any data lost while transmitting information on the internet.
We shall have the right at any time to change or discontinue any aspect or feature of the Website and/or the App, including, but not limited to content, hours of availability and equipment needed for access or use. Further, we may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
We hereby reserve all rights to amend and interpret the Terms and any other terms and conditions and promotions at its sole and absolute discretion. Our interpretation on the Terms shall be final and binding.
Access and Use of the Services
Ownership of Content
The Website and/or App, the domain name (https://safetrack.my/), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by Davino in connection therewith are owned and operated by Davino.
Provision and Accessibility of Services
Subject to the Terms, we may either offer to provide the Services by ourselves or on behalf of any third-party operators (“Operators”). The Services that have been selected by you on the Website and/or App are solely for your own use, and not for the use or benefit of any third party. The term "Services" includes but is not limited to the use of the Website and/or App, any Services offered by us or on behalf of the Operators. We may change, suspend or discontinue any Services at any time, including the availability of any feature, database or content. We may also impose limits or conditions on certain Services or restrict your access to any part or all of the Services without notice or liability.
Content of Website and App
Use of the Content
All materials displayed or performed on the Website and/or App including but not limited to text, data, graphics, articles, photographs, images, illustrations, video, audio and other materials (“Content”) are protected by copyright and/or other intellectual property rights. The Website and/or App and the Content are intended solely for your personal and non-commercial use of the Services and may only be used in accordance with the Terms.
If we agree to grant you access to the Website and/or App, such access shall be non-exclusive, non-transferable and limited license to access the Website and/or App in accordance with the Terms. We may, at our absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from the Website and/or App.
You shall abide by all copyright notices, trademark rules, information, and restrictions contained in the Website and/or App and the Content accessed through the Website and/or App, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever the Website and/or App or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights.
Parts of the Website and/or App offer an opportunity for Users to post and exchange opinions and information (“Comments”) in certain areas of the Website and/or the App. We do not filter, edit, publish or review Comments prior to their presence on the Website and/or the App. Comments do not reflect our views and opinions. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, we shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on the Website and/or App.
We reserve the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of the Terms.
You warrant and represent that:-
- you are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- the Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- the Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy; and
- the Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Davino a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable right to use and fully exploit license to use, reproduce, edit and authorise others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Website and/or the Content
The organizations (including but not limited to government agencies, search engines, news organizations, System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups and online directory distributors) may link to our Website without our prior written approval.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed above and are interested in linking to our website, you must inform us by sending an e-mail to firstname.lastname@example.org. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link.
Approved organizations may hyperlink to our Website as follows:-
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Davino's trademark, logo or other artwork will be allowed for linking absent a trademark license agreement.
We cannot guarantee the identity of any other users with whom you may interact with in the course of accessing the Website and/or App. We cannot guarantee the authenticity and accuracy of any content, materials or information which other users or the Operators may provide. All Content accessed by you using the Website and/or App is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will we be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Website and/or the App.
Each user agrees to defend, indemnify and hold harmless Davino, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including legal fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, break of the Terms or any violation of laws. We may assume the exclusive defense and control of any matter for which users have agreed to indemnify us and each user agrees to assist and cooperate with us in the defense or settlement of any such matters.
Removal of links from our website
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. If you find any link on our Website that is offensive for any reason, kindly contact and inform us. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
The material and information contained on the Website and/or App is for general information purposes only. You should not rely upon the material or information on the Website and/or the App as a basis for making any business, legal or any other decisions.
Whilst we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability or availability with respect to the Website and/or the App or the information, products, services or related graphics contained on the Website and/or the App for any purpose. As the completeness, accuracy, reliability, suitability or availability of the information depend on the information provided by you and you are responsible to informing us any changes of the information in order to update your data accurate. Any reliance you place on such material is therefore strictly at your own risk.
We will not be liable for any false, inaccurate, inappropriate or incomplete information presented on the Website and/or the App.
Although every effort is made to keep the Website and/or the App up and running smoothly, due to the nature of the Internet and the technology involved, we take no responsibility for and will not be liable for the Website and/or the App being temporarily unavailable due to technical issues (or otherwise) beyond its control or for any loss or damage suffered as a result of the use of or access to, or inability to use or access the Website and/or App whatsoever.
Certain links in the Website and/or App will lead to websites which are not under our control. When you activate these you will leave the Website. We have no control over and accept no liability in respect of materials, products or services available on any website which is not under our control.
The Website and/or App may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of the Website and/or App.
IN NO EVENT WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE AND/OR APP, EVEN IF WE ARE AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT OF PAYMENT MADE BY YOU PERSONALLY, IF ANY, BY YOU TO US THROUGH THE WEBSITE AND/OR APP OR OTHER METHODS LISTED IN THE WEBSITE AND/OR APP. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
As long as the Website and/or the App and the information and services on the Website and/or the App are provided free of charge, we will not be liable for any loss or damage of any nature.
Liability is not limited by the above disclaimers in relation to death or personal injury arising from negligence on our part.
Whilst precautions are taken to detect computer viruses and ensure security, we cannot guarantee that the Website and/or the App is virus-free and secure. We shall not be liable for any loss or damage which may occur as a result of any virus or breach of security.
Whilst making every attempt to secure personal data, we cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.
If any disclaimer is or becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, the validity, legality and enforceability under the law of that jurisdiction of any other provision, and the validity, legality and enforceability under the law of any other jurisdiction of that or any other provision, shall not be affected or impaired in any way thereby.
Errors, Questions and/or Complaints
The User may contact us, in event of any queries or complaints in connection with the Services and/or any of our products. Further, in case of complaints, the User should provide sufficient and correct details in writing to us in order to enable us to investigate and respond on the complaint or query appropriately.
The following information shall be provided in such correspondence:
- name, address and identity registration number of the User;
- a detailed description of the transaction and/or the complaint (including the date and time of the transaction) and the basis or reason for the User to dispute the transaction or raise a query or complaint; and
- the transaction amount (if any).
In event any further information/document is required by us for investigation or resolution of the matter, you hereby agree to provide the same. Where an inquiry is not settled to your satisfaction, we may advise you in writing or otherwise of the results of our investigation and/or the manner of resolution, if any, of the complaint.
Costs, Charges and Fees
You hereby agree and acknowledge that all applicable costs, charges, fees, statutory levy (including duties or taxes) in connection with the Services shall be borne by you. You acknowledge that the prices and exchange rates available on the Website for online orders may differ from the exchange rates charged by the financial institution and you agree to pay such differential.
Notwithstanding anything contained herein, we shall not be liable for damages of any kind arising out of changes to the rates and scope of services due to unforeseen circumstances or circumstances beyond our control or act of God including but not limited to traffic congestion, road closures, accidents, flight delays, weather delays, natural disasters, criminal or terrorist act, war, shortage of material, lock down, pandemic, administrative action, rules, regulations or legislation of government or any inevitable accident.
Governing Law and Jurisdiction
These Terms shall be interpreted and governed under the laws of Malaysia. You shall agree to submit any dispute or claim to the exclusive jurisdiction of the courts of Malaysia.
If any provision of the Terms is or becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, the validity, legality and enforceability under the law of that jurisdiction of any other provision, and the validity, legality and enforceability under the law of any other jurisdiction of that or any other provision, shall not be affected or impaired in any way thereby.
If there is a delay in exercising our right or remedy under the Terms, it shall not be deemed as waiver. Any waiver of right and remedy shall be in writing. The headings used on the Terms are merely for your convenience on reference. It shall in no way limits the generality and definition on the Terms.