TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY DOWNLOADING AND
USING OUR MOBILE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED
THESE TERMS AND CONDITIONS. PLEASE UNINSTALL OUR MOBILE APP IMMEDIATELY
IF YOU DO NOT AGREE TO THESE TERMS.
A. Welcome to BOLT App. This is an internet-based platform and/or
mobile application owned and operated by BETA LAB SDN BHD (Company
registration No. 199601005174 / 377520-U), a company duly incorporated
under the provisions of the Companies Act 2016 (hereinafter referred to
as “Beta Lab”, “We”, “Our”, “Us” or “Company”).
B. Your access or use of the mobile app, transaction on the mobile app
and/or internet-based platform and use of Services (as defined herein
below) are governed by the following terms and conditions, including
the applicable policies, which are incorporated herein by way of
reference. These terms and conditions constitute a legal and binding
contract between you (hereinafter referred to as “You” or “Your” or the
“User”) on one part and Beta Lab on the other part.
C. The Services (as defined herein below) offered to you is pursuant to
the Collaboration Service Agreement that was entered into between Beta
Lab and the organization that is currently employing you (hereinafter
referred to as “your Employer”).
D. The mobile app is a platform that provides services to the Users
accessing the mobile app for salary advance credit facility provided by
Beta Lab to you and your Employer, which will be deducted from your
monthly salary with your Employer (hereinafter referred to as the
“Services”).
E. Beta Lab reserves the right to change or modify or amend these terms
and conditions or any policy or guideline of the mobile app including
the Data
Protection Notice, at any time and in its sole discretion. Any changes
or modifications will be effective immediately upon posting the revised
version on the mobile app and you waive any right you may have to
receive specific notice of such changes or modifications. Your
continued use of the mobile app will confirm your acceptance of such
changes or modifications. Therefore, you should frequently review these
terms and conditions and applicable policies to understand the terms
and conditions that apply to your use of the mobile app.
TERMS OF USE, PROHIBITIONS AND INTELLECTUAL PROPERTY
1. In order to use our platform, your Employer will be required to
create a user account and agree to the terms and conditions contained
in our Collaboration Service Agreement. You will not be able to
subscribe to any of our Services on our mobile app without your
Employer first submitting your particulars and application to Beta Lab.
2. You agree that Beta Lab shall have sole and absolute discretion to
determine whether the Services are to be provided or otherwise be
suspended or ceased by Beta Lab, and Beta Lab may refuse to provide any
Services without giving any reason or incurring any liability to you as
a result.
3. You shall not, whether by yourself and/or through and/or by way of
enabling your agents, employees, directors, shareholders, partners,
representatives, affiliates and/or any other third party, reverse
engineer, decompile, decode, decrypt, derive, alter, modify, amend,
tamper, hack and/or create derivative works out of the mobile app,
their source codes, their electronic or digital rights management
components, their layouts and/or any components of the mobile app
whether in whole or in part or in any combination whatsoever thereof.
4. You acknowledge and agree that the platform and mobile app contains
proprietary and confidential information, material, content and
intellectual property belonging to us including, but not so limited to, copyrights,
designs, databases, confidential information, layouts, patents,
trademarks, badges of trade, source codes, compilations, annotations,
lists, data, images, and all other forms of proprietary material
(hereinafter collectively referred to as the “ Intellectual Property”).
5. Unless otherwise expressly stated herein, you shall not have any
rights, license, consent, authorisation nor permission from us to use,
copy, reproduce, make reference to, store, circulate, distribute, sell
or resell, offer for sale or resale, export or re-export, import or
re-import, make publicly available, alter, amend, tamper, hack, modify
or otherwise exploit and/or deal with the Intellectual Property.
CREATING AN ACCOUNT AND CONSENT TO COLLECTION AND/OR USE
OF INFORMATION
6. In order for you to use the features of the mobile app, your
Employer needs to first set up an account with us. You will be required
to notify your Employer of your intention to subscribe to our Services
and use our platform and furnish your personal details as required,
including, your name, designation in the company, gender, email
address, user name, account password, mobile phone number, addresses
and bank account number.
7. You hereby agree that Beta Lab may collect, store, process,
disclose, access, review and/or use personal data (including sensitive
personal data) about you, whether obtained from you, from your Employer
or from other sources in accordance with the Personal Data Protection
Act 2010. You further acknowledge and agree to the Privacy Notice as
published on the mobile app which may be amended by Beta Lab from time
to time without having to notify nor secure any approval from you and
that such amendment shall be effective upon posting on the mobile app.
8. You represent and warrant that the information you submit during registration is truthful and accurate and that you will maintain the
accuracy of such information at all times.
9. Your Bolt Account username and password are personal to you. You may
not transfer your account and you will be responsible for the
activities associated with your Bolt Account.
10. We will not be liable for any loss or damages as a result of your
failure to maintain the confidentiality of your account credentials. If
you suspect any unauthorised use of your Bolt Account, you shall
immediately notify us.
11. It is your responsibility to keep your bank account details and
contact details including your mobile phone number and email address
up-to-date to enable us to communicate with you.
12. You agree and consent to receiving notices, announcements,
advertisements and all other forms of communications from us pertaining
to our platform, whether physical or electronic, via mail, email and
our mobile app.
SALARY ADVANCE AND DEDUCTION
13. You may submit a request through the mobile app for a salary
advance, which will indicate the required sum. For the avoidance of
doubt, the submission of the salary advance request is deemed to be
affirmative consent by you to the Terms & Conditions set out
herein. You acknowledge and agree that Beta Lab shall have the sole and
absolute discretion to approve, partially approve or reject the salary
advance request, without giving any reason or incurring any liability
to you as a result.
14. Upon your request, Beta Lab shall then assess your request and disburse your
requested salary advance to your bank account provided by your Employer and registered
with the mobile app or Beta Lab within forty-eight (48) hours from Beta Lab’s approval.
15. You acknowledge and agree that your Employer shall deduct your
monthly salary with your Employer for the repayment of the salary
advance including the administrative and technology processing charges set
below on a periodic basis upon to be agreed by you and Beta Lab.
Administrative and Processing Fee Rate :-
No. |
Advance |
Administrative and Processing Fee |
1. |
RM100.00 to RM200.00 |
RM10.00 |
2. |
RM300.00 to RM500.00 |
RM25.00 |
3. |
RM600.00 to RM1,500.00 |
RM50.00 |
TERMINATION
16. This agreement may be terminated by either Party at any time
provided such termination is carried out using the notification methods
and channels provided by us to you via our mobile app.
17. This agreement will immediately terminate upon you submitting your
resignation notice with your Employer or upon the termination of your
employment by your Employer or upon you ceasing to be an employee of
your Employer.
18. Upon termination of this agreement, you acknowledge and agree that
any sum owed by you to us pursuant to the cash advance approved and
transferred to you shall immediately become due and we shall be
entitled to notify your Employer to deduct such sum due to us from your
salary.
19. Upon the termination of this agreement, all other rights,
indemnities and/or waivers accrued immediately prior to such
termination, whether pursuant to this Agreement or pursuant to all
other applicable laws, shall continue to be enforceable and take effect
until its full discharge.
20. Upon the termination of this agreement, you shall immediately
remove any and all copies of our mobile app and/or third-party
software, whether in whole or in part, that is in your possession and
you shall immediately cease using the same.
DISCLAIMERS AND LIMITATIONS
21. We do not make any representations nor warranties whatsoever
regarding the accuracy, timeliness, quality, performance, nor any
aspect whatsoever of the platform, mobile app nor any third-party
software to be used in conjunction with our mobile app. All such use by
you is solely and fully at your own risk.
22. The platform, mobile app and/or third-party software is provided on
an “as is” and “as available” basis with all faults and without any
warranties whatsoever. To the fullest extent permitted by law, we
disclaim all forms of warranties and conditions including, but not
limited to, warranties and conditions in relation to, satisfactory
quality, fitness for any particular purpose, quiet enjoyment as well as
all other conditions and warranties whatsoever and howsoever arising,
whether express or implied and whether by any applicable statutory law,
by-laws, regulations or otherwise in relation to the platform, mobile
app and/or third party software.
23. You acknowledge and accept that we do not make any representations
nor warranties as to any interference, disturbance, interruption,
disconnection and/or discontinuance with your enjoyment and/or use of
the platform, mobile app and/or third-party software as well as to any
error-free use of the platform, mobile app and/or third-party software.
24. You acknowledge and accept that we do not make any representations
as to the digital security of our mobile app and/or third-party
software including but not limited to the transmission of any viruses,
bugs and/or trojans that may result from your downloading,
installation, use, updating and/or restoring of our mobile app and/or
third-party software.
25. You acknowledge and accept that we do not make any representations
nor warranties in relation to the compliance with or non-infringement
of any third-party rights with regards to the platform, mobile app
and/or third-party software. You acknowledge and accept that you do not
rely on any representations nor warranties from us in relation to any
such third-party rights and any infringement or non-compliance of any
such third-party rights by you via your use of the platform, mobile app
and/or third-party software shall be at your sole risk and
responsibility.
26. To the fullest extent permitted by law, in no event shall we be
liable for any direct or indirect, incidental, consequential, general
and/or special damages, reliance loss, expectation loss, expenses, costs and any form
of damages and/or losses whatsoever and howsoever arising including,
but not limited to, damages and/or losses occurring to you, any other
software or applications owned by you, your personal data, and/or your
personal property due to any interference, interruption, corruption or
loss of data, disturbance, discontinuance, disconnection, time delays,
inaccuracy, viruses, trojans, bugs, failure to transmit and/or receive
data in relation to the downloading, installation, use, updating and/or
restoring of the platform, mobile app and/or third party software as
well as all other forms of non- performance, use or inability to use
the platform, mobile app, and/or third party software whatsoever and
howsoever arising.
27. Neither Beta Lab nor any of its Officers shall be liable or
involved in contract, tort (including negligence or breach of statutory
duty) or otherwise, for (i) any loss of salary, (ii) any costs,
damages, penalties, sanctions or expenses, or any special, indirect,
reputational or consequential damages of any nature whatsoever,
suffered or incurred by you as a result of or in connection with the
provision of the Services.
WAIVERS AND INDEMNITIES
28. In the event that your downloading, installation, use, updating
and/or restoring of the platform, mobile app and/or third-party
software infringes any third-party rights, you hereby agree to waive
all claims against us pursuant to any such infringement. In the event
that such claims are attributable to your own independent conduct, then
you hereby agree as well to completely hold us harmless and indemnify
us against any and all claims, suits, legal actions, prosecutions,
liabilities, damages, expenses and costs that may arise out of such
infringement to the extent that it is attributable to your own conduct.
GENERAL
29. You agree that no delay nor inaction on our part to enforce any of our
rights pursuant to this Terms & Conditions or pursuant to all other
applicable laws shall be construed as any form of waiver on our part.
30. All sums are in Ringgit Malaysia (RM). Applicable taxes will be
included where it is indicated.
31. Where any term or terms herein is found to be invalid or illegal at any
time, the parties agree that such invalid or illegal term(s) shall be
severed from this Terms & Conditions as if it was never a part of this
Terms & Conditions and the remainder of all other terms herein shall
continue to be in force and binding between the parties.
32. You shall not assign or transfer your rights or obligations herein
without the prior written consent from us.
33. This Terms & Conditions shall be governed by and construed in
accordance with the laws of Malaysia. The parties hereto submit to the
exclusive jurisdiction of the Courts of Malaysia.