1. Introduction
1.1 For the purposes of this Terms of Service (Confinement Lady) (“Terms of Service”), the
operator of https://ckmama.com and CK Mama App (if
applicable), 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 these 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 Confinement Lady 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 these 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. Stakeholder for Payment and Payment Request
6.1 You hereby expressly authorise and consent for CK Mama to accept payment for and on your
behalf for all services provided by you to the Customer.
6.2 You may submit a payment request (“Payment Request”) a maximum of once per day to
your
designated bank account. CK Mama may also automatically pay for your service through your
designated bank account on a regular basis, as determined by CK Mama. CK Mama shall only
process such transfers on business days and such transfers may take up to four (4) business
days to be credited to your designated bank account.
6.3 CK Mama takes no responsibility and assume no liability for any loss or damages to you
arising from wrong bank account information provided by you. We reserve the right to verify
whether you are legal owner of the designated bank account, and may suspend the transaction
until such verification is confirmed or cancel the relevant transaction where such
verification is unable to be completed.
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 acceptance of request for
services by the Customer. In the event of you accepting the request for services made by the
Customer, you hereby irrevocably authorise and consent for CK Mama to deduct such processing
fees from the payment collected by CK Mama for and on your behalf for services provided by
you to the Customer.
8. Confinement Lady’s Responsibilities
8.1 Confinement Lady shall properly perform and ensure that the services provided is
reasonably acceptable and match with the description of services to be provided.
8.2 Confinement Lady shall ensure that the relevant information provided such as
qualification, years of experience, expertise, reviews, description, specification and such
other information provided in your profile is accurate and true information.
8.3 The fees for the services provided by the Confinement Lady on the Platform and / or CK
Mama App will be determined by the Confinement Lady at his / her own discretion. The fees
shall include the entire amount required to be paid to the Confinement Lady for the
services, including, but not limited to, service tax etc and the Confinement Lady shall not
charge the Customer and / or CK Mama such other monies additionally and separately.
9. Delivery
9.1 You will make the necessary arrangements to have the services delivered to the Customer
within the period of time as agreed. You hereby acknowledge and agree to indemnify and keep
CK Mama indemnified for any damage, expense, cost or fees resulted therefrom the delay in
delivering your services to the Customer.
9.2 You hereby acknowledge and agree to abide to the general delivery policy set by CK Mama
for all confinement lady 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.
10. Cancellation and Refund
10.1 You may cancel your order any time prior to the delivery of the services subject to the
terms and conditions as stated herein.
10.2 You may only apply for the cancellation of the delivery of services in the following
circumstances:-
(a) The services cannot be provided by you;
(b) By way of private arrangement between you and the Customer.
10.3 Your application for cancellation must be submitted to CK Mama through the designated
email 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.
10.4 CK Mama reserves the right to cancel any transaction on the Platform and / or CK Mama
App and you hereby agree that your sole remedy will be to accept payment of fees by the
Customer for services already rendered by you.
10.5 CK Mama shall be entitled to refund from Confinement Lady in the event the monies has
been paid in advance directly by the Customer to you. Refund, if any, shall be made by you
to CK Mama within three (3) working days of the cancellation and refund request being made.
11. Disputes
11.1 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.
12. Feedback
12.1 CK Mama welcomes information and feedback from the confinement lady which will enable
CK Mama to improve the quality of Services 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 lady 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.
13. Disclaimers
13.1 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.
13.2 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.
13.3 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.
14. Exclusions and Limitation of Liability
14.1 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.
14.2 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.
14.3 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.
14.4 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.
15. Your Representations and Warranties
15.1 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.
16. Fraudulent or Suspicious Activity
16.1 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 customers or confinement ladies, 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 accept your services 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.
17. Indemnity
17.1 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 negligence in
delivery/performance of the services to the Customer, (e) your breach of any law or any
rights of a third-party, or (f) any content uploaded by you.
18. Severability
18.1 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 these 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.
19. Governing Law
19.1 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.
20. General Provisions
20.1 CK Mama reserves all rights not expressly granted herein.
20.2 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.
20.3 You may not assign, sublicense or transfer any rights granted to you hereunder or
subcontract any of your obligations.
20.4 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.
20.5 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.
20.6 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).
20.7 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.
20.8 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.
20.9 If you have any questions or concerns about these Terms of Service or any issues raised
in this Terms of Service or on the Platform, please contacts us at: +60 11-3685 5868.
I HAVE READ THIS TERMS OF SERVICE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY
REVISION TO THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” OR “CONFIRM ” BUTTON DURING
REGISTRATION/LOGIN, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO
HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.