Terms of The Exchange TRX Mobile Application

Mobile Application Disclaimer

Please read this Disclaimer carefully as this Disclaimer applies to this mobile application under the name The Exchange TRX (“Mobile Application”). If you continue to browse and use this Mobile Application you are agreeing to comply with and to be bound by the terms set out in this Disclaimer.

The owner of this Mobile Application, LQ Retail Sdn. Bhd., is referred to in this Disclaimer as "we", "us" or "our". The terms of this Disclaimer and any information you obtain, or have obtained, on or from, this Mobile Application, is not intended to form any part of any contract you have entered into, or are entering into, with us.

We may revise this Disclaimer from time to time without notice and such revision will take effect when it is posted on this Mobile Application. You should check whether this Disclaimer has been amended since your last visit, by checking the ‘date of publication’ at the bottom of this Disclaimer.

Copyright and submitted material

All materials and information on this Mobile Application including without limitation any logo, design, text, information, software, graphic, materials and their arrangement (“Content”) are licensed to or owned by us, unless we indicate otherwise. Except where necessary for viewing the Content on the Mobile Application, unless we indicate otherwise, or as permitted under applicable law, you are not authorised to copy, distribute, republish, download, display, post or transmit the Content in any form or by any means including but not limited to electronic, mechanical or otherwise without our prior written permission or the written permission of the copyright owner. You may access and use the Content and this Mobile Application for your own personal use, but you are not authorised to use the Content for commercial purposes. Unless expressly permitted otherwise, you are not authorised to do anything to alter, modify or add to the Content.

If you contribute Content to the Mobile Application, we may not include that Content or may remove any Content from the Mobile Application at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all, in our sole and absolute discretion. Any Content contributed by users or comments or materials sent to us through the Mobile Application including feedback data, questions, comments and suggestions (collectively "Feedback"), will be deemed to be non-confidential. We may reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Content and Feedback to others, without limitation, and use any ideas, concepts, know-how or techniques contained in that Content or Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Content or Feedback.

Trade marks

Any trade marks appearing on this Mobile Application are the trade marks of the relevant owners. You are not authorised to use any trade marks that appear on this Mobile Application without the written consent of the trade mark owner. 

Links

We may provide links on this Mobile Application to websites owned, operated or produced by third parties independent of us. However, you should assume that we have no control over and do not monitor these third party websites. We have not verified, make no representations about and cannot accept any liability for these websites. We do not sponsor, endorse or approve the operators of, or any content (including information, products or services) of such websites. Your access to such third party websites may be subject to their own terms of use or disclaimers. 

We do not authorise you to create a link to this Mobile Application from another website or document without our prior written consent.

Privacy

We treat personal data with respect and integrity. The Mobile Application Privacy Statement explains how personal data will be treated as you access and interact with this Mobile Application and can be accessed via the ‘Privacy’ link on this Mobile Application.

User conduct

You are responsible for all of your activity in connection with accessing the Mobile Application. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Mobile Application. You are not authorised to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Mobile Application user.

In accessing this Mobile Application, you are not authorised to:

• disrupt or interfere with the Mobile Application, or any services, system resources, accounts, servers or networks connected to or accessible through this Mobile Application or linked websites;
• disrupt or interfere with any other user's enjoyment of this Mobile Application or linked websites;
• use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the Mobile Application, or any of the Content, without our prior written permission;
• take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Mobile Application;
• reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Mobile Application;
• use the Mobile Application to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity;
• engage in any kind of illegal, criminal or tortious activity through the use of the Mobile Application, including infringement of any third party intellectual property rights (including without limitation copyright, trade marks, patent, trade secrets and confidential information), fraud, child pornography, trafficking in obscene material, violation of applicable export restrictions, drug dealing, gambling, harassment, stalking, spamming, hacking, sending of viruses or other harmful files, or illegal posting of computer passwords or computer code;
• attempt to obtain unauthorised access to this Mobile Application or parts of this Mobile Application that are not opened to public access; or
• post or transmit to or via this Mobile Application any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory or offensive material or publication.

 

If we issue you with a password that permits you to access certain parts of this Mobile Application, we are entitled to assume – unless there are strong grounds for believing otherwise – that any use of the Mobile Application through such access is you or authorised by you, whether in fact authorised or not. You should treat your password as confidential and should not disclose your password to any person, allow anyone else to use your password or use your password for any unauthorised purpose.

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Mobile Application. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

Your Consumer Rights

Nothing in these Terms is intended to exclude, restrict or modify rights which you may have under any laws (including the Malaysian Consumer Protection Act 1999) which may not be excluded, restricted or modified by agreement (“Your Consumer Rights”). You can find out more about Your Consumer Rights from the Ministry of Domestic Trade and Costs of Living. 

Limitation of liability

Subject to Your Consumer Rights, we (including, in this limitation of liability clause, our related corporations’ and affiliates and their respective directors, officers, employees, agents and contractors) are not liable to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct or consequential, arising out of or referable to the Content or this Mobile Application (or material accessed via this Mobile Application), or to access of the Mobile Application by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

Warranties and disclaimers

The Content and this Mobile Application are provided “as is” and “as available”. We do not warrant that this Mobile Application or the server that operates it is always free from viruses or other corrupted materials or from occasional outages or disruption to service which prevent you from accessing this Mobile Application or that the use of this Mobile Application will be compatible with the hardware and software you are using to access it. You shall solely bear the entire cost of all necessary servicing, repair or correction of all such hardware and software.

While we take a range of steps to maintain and update the Content and this Mobile Application and ensure that they are free from error, parts of the Content and this Mobile Application may not be correct, accurate, reliable, complete or up to date from time to time. If you notice any inaccurate, incomplete or out of date Content on the Mobile Application, you can help by contacting us as set out on this Mobile Application.

We reserve the right to make any change to the Content without notice. We may also make improvements or changes in the products or programs described in the Content or to any concept or any design elements of the product at any time without notice. For example, changes in circumstances after the date of publication may impact upon the accuracy of the Content.

The Content may contain general information about our products and services. Unless expressly stated otherwise, the Content does not:

• constitute an offer or inducement to enter into a legally binding contract;
• form part of the terms and conditions for our products and services;
• purport to provide you with personal financial or investment advice of any kind; or
• take account of your particular financial position or requirements.

 

The Mobile Application may include information about stocks and their prices. The information made available on stock prices on the Mobile Application is provided for convenience only and does not reflect the current or "real time" price of the stock. Images and diagrams on this Mobile Application are intended to be a visual aid only and may not necessarily accurately depict the object described.

Your use of this Mobile Application including all Content, data or software distributed by, downloaded or accessed from or through this Mobile Application is at your own risk. Before taking or refraining from any action in reliance on the Content or this Mobile Application (e.g. agreeing to lease or occupy any premises), you should make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Mobile Application.

Availability of the Mobile Application

The Mobile Application is subject to interruption, breakdown, viruses, delays, interception, interference and other errors involving communications networks, computer systems, servers, providers, computer equipment and software. In relation to any device which you use to access the Mobile Application, we recommend that you obtain and maintain up-to-date virus, security and intrusion prevention and scanning software which is specifically designed for all devices you use to access the Mobile Application.

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Mobile Application as well as this Mobile Application at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to the Mobile Application may be shut down or restricted while the problem is being investigated or fixed.

Indemnity

You agree to indemnify, defend, hold harmless against us (including our parent company, affiliates, subsidiaries and associate companies including those established in the future, as well as the officers, employees, agents, business partners, licensors, and licensees of the above) and keep us (including our parent company, affiliates, subsidiaries and associate companies including those established in the future, as well as the officers, employees, agents, licensors, and licensees of the above) indemnified against all claims, damages, actions and proceedings made or brought against us (including our parent company, affiliates, subsidiaries and associate companies including those established in the future, as well as the officers, employees, agents, licensors, and licensees of the above) arising from your use of this Mobile Application and/or the contents of this Mobile Application.

Currency

A reference to "RM" or "Ringgit" throughout this Mobile Application is a reference to the legal currency of Malaysia, unless stated otherwise.

Applicable law

The laws of Malaysia apply to this Disclaimer.

Version [v1.0] - Date of Publication 3 October 2023