This Agreement is between User ("you") and MCATCH (L) BHD. (hereby referred to as "MCatch") and sets down the terms and conditions under which you may avail of MCatch Services. To become a user of the MCatch Services, you must read and accept these terms and conditions. Your access and use of the Service is governed by this Agreement and any applicable terms and conditions on the MCatch website, located at www.mcatch.com (the “MCatch Webpage“).
Any parties that you may resell to, for use of MCatch Services are your responsibility and are bound by these terms. It is within MCatch sole discretion to deny your application to become a MCatch user for any reason. After evaluating your application, MCatch will notify you of our acceptance or rejection thereof. MCatch acceptance is expressly conditional upon your assent to the terms of this agreement, to the exclusion of all other terms.
"User" shall be yourself, whether in the capacity of Advertiser, Publisher or otherwise. "Advertisers" shall include the advertiser or advertising agency promoting products or services through ads on various sites, using MCatch services.
"Publisher/s" shall mean all parties that are running content on sites using MCatch services and shall include App Developers, Channel Partners and Licensing Partners.
"Content" shall mean content and information provided by you, including all advertising content, images, text, illustrations, representatives, sketches, brands, maps, labels, applications or software or any website or other content whether or not developed, distributed or published by you or in association with any developer, distributor, publisher or customer.
"Campaigns" refer to the advertising campaigns that you created and manage through MCatch’s webpage or through offline insertion orders.
"Ads" refer to all advertisements that are served onto a Publisher's Site using MCatch services, including, but not limited to, text links and banners.
"Site/s" shall include all mobile internet sites, mobile web sites, and mobile applications which are publishing content through MCatch.
"Network" shall mean the MCatch mobile solution and include the various sites, Users and their mobile properties used for publishing or advertising content, using MCatch services.
- The promotion of your products or services by showing banners, taglines, text links or other content provided by you, across the MCatch network.
- The procuring of ads for your Content and including you in the Network.
- The distribution of any mobile applications or software, through various publishers with MCatch ad codes or solutions.
- Any other services provided by MCatch from time to time.
"CPM" shall mean cost-per-thousand. A payment on a CPM basis means that payments are calculated for every one thousand ad views or impressions.
"CPC" shall mean cost-per-click. A payment on a CPC basis means that payments are calculated for every click. A click is counted when a visitor to a Publisher's Site/ Developers Application clicks on an advertisement, application or other specified content.
"CPA" shall mean cost-per-acquisition. It is a method of advertising whereby the advertiser only pays when an advert delivers an acquisition.
“CPD” shall mean "cost per download". An advertising model where the advertiser pays for each download of an application or other file.
“CPI” shall mean "cost per install". An advertising model where the advertiser pays for each specified action linked to the advertisement, typically the install of an application or other file.
"Effective Date" shall mean the date of execution/ acceptance of this Agreement.
"Inventory" shall be the aggregation of clicks/ impressions/ad request on any Content or Site.
"Net Revenue" shall mean revenues actually received by MCatch from the sale, use or other disposition of ads displayed on Publisher's Sites less any applicable taxes, and less any agency commissions, carrier and/or partner fees, and less any allowances actually made or taken for returns, discounts or promotional allowances. The Net Revenue shall also exclude other revenues indirectly earned, if applicable, for consulting, planning and targeting, copywriting, site building, account management or technical modifications or technical innovations which may be charged by MCatch to third parties from time to time.
This Agreement shall come into force on the effective date and remain in force until terminated under these provisions
In order to use the Services, you must first agree to the Terms and Conditions. You may not use the services if you do not accept the terms. You can accept the Terms and Conditions by: clicking to accept or agree to the Terms and Conditions, where this option is made available to you by MCatch in the user interface for any Service; or by actually using the services. In this case, you understand and agree that MCatch will treat your use of the services as acceptance of the Terms from that point onwards.
You may not use the services and may not accept the Terms if you are not of legal age to form a binding contract with MCatch, or you are a person barred from receiving the services under the laws of Malaysia or other countries including the country in which you are resident or from which you use the services.
You are solely responsible for all content submitted by you including any content submitted on behalf of or generated by your customers, affiliates, agents or partners. You agree and you shall ensure the accuracy of such content and warrant that you are authorized to advertise or utilize these items/products/ services/ brands yourself or on behalf of your customers, affiliates or partners. MCatch is not responsible for anything whatsoever in your content.
You shall not submit any content that contains or promotes anything which may be:
- morally questionable.
- politically or religiously provocative.
- promoting violence or hatred against any group on the basis of race, ethnicity, religion, political association, disability, age, sexual orientation or otherwise
- containing malware or any virus.
- not in line with any regulations set out in this regard.
- adult, suitable only for users over the age of 18.
- infringing any intellectual property rights of any third party.
- promoting alcoholic beverages or tobacco related products in jurisdictions where the same is disallowed, or banned/ illegal drugs or other controlled substances, explosives or hazardous materials, combustibles, corrosives, gambling transactions or any product or service which is not in compliance with all laws and regulations.
MCatch shall have the right to reject or withdraw your content at any time whatsoever.
MCatch shall have the right to market or bundle your content in a manner it deems appropriate.
You acknowledge and agree that if you use any of the services or Sites to contribute or make available content, MCatch is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such content and to allow others to do so in connection with the services or the site for the duration of this agreement.
MCatch reserves the right to refuse to accept you or any customer or site for participation in the network or to perform any services for you for any reason, in its sole discretion. You are solely responsible for all of your activity in connection with the services and accessing the site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any MCatch user. You shall not use any part of the site or services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. You will not run mail list, listserv, any form of auto-responder, or "spam" on the Site or Services, or any processes that run or are activated while you are not logged in. You are responsible to validate all impressions, clicks, leads and/or acquisitions. You must report any discrepancies related to your campaign to MCatch within thirty (30) days of the occurrence. MCatch is not liable for any discrepancies not reported within this time frame and you waive all right, title, and intent to dispute payment to MCatch based upon any discrepancy not reported within this time frame. The targeting set on your campaigns is solely your responsibility. MCatch accepts no responsibility for Ad campaigns that deliver incorrectly because targeting was set incorrectly. Once any selection of device or genre has been made by you, you shall be responsible for the same and shall not raise any dispute with MCatch in this regard.
MCatch has no obligation to review your content, your targeting, or your destination URL. MCatch reserves the right to suspend, restrict, or terminate an ad campaign or any Application for any reason at any time. You are solely responsible for using the correct destination URLs for your ads. MCatch is not responsible for the sites and landing pages you link through to or otherwise, or services/products/brands that you are advertising. MCatch has no obligation to review your site(s), content/services, or billing methods and you are solely responsible for the same. Users who are publishers may list assets including but not limited to mobile sites, applications, and device platforms and make them available for advertisement. Users who are publishers hereby grant MCatch the right to access, index, store and cache requests made from such assets to the service, including by automated means. Users who are Advertisers may produce Ads for display on a Publisher’s Mobile Property. You agree to comply with the technical specifications provided by MCatch to enable proper display of the Ads in connection with the Services. You agree to direct to MCatch and not to any Advertiser or Publisher, as the case may be, all communications regarding any matter arising out of your use of the Services.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, hardware devices, software, and other Internet, wireless, broadband, phone or other communication device connection services. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Site and any Services and you shall be responsible for all charges incurred in connection with all such equipment and ancillary services, including any fees charged for airtime usage and/or sending and receiving messages or related notifications. During the term of this Agreement and for a period of one (1) year beginning on the end date of an Ad campaign, Advertiser may not contact MCatch’s affiliates, clients, partners, staff or contractors directly or indirectly (e.g. through an advertising agency or other similar competing advertising network) to solicit the business of said affiliates, clients, partners, staff or contractors. If you are a Publisher, who is currently publishing, or has previously, published, a MCatch ad campaign, you shall not approach any Advertiser directly with regards to mobile advertising. If you are an Advertiser who has been approached by a Publisher directly, you must refuse to work directly with him, and refer the Publisher back to MCatch unless agreed otherwise in writing with MCatch. You agree to collaborate with press releases and/or be mentioned as a client. You shall make no press releases, promotional or merchandising materials, or general public announcements without the prior consent of MCatch.
If you are a Publisher
(a) Compensation. Advertisers pay MCatch based on certain events, including the display of an Advertisement, a user clicking on an Advertisement, or a user completing some action after viewing or clicking on an Advertisement (“Events“). MCatch pays you a percentage of the revenue it receives from Advertisers based upon the Events that are attributable to your Application. MCatch will compile and calculate the data necessary to determine your compensation. MCatch’s figures and calculations regarding your compensation will be final and binding. Unless otherwise posted on the MCatch Webpage or otherwise agreed to in writing between MCatch and you, your compensation will only include revenue actually received by MCatch from the Advertisers less: (i) any returns, credits or other similar allowances made by MCatch to a particular Advertiser; and (ii) any applicable taxes, commissions, carrier fees and other similar taxes, fees and expenses. MCatch will be entitled to withhold, deduct and set off from any payments to be made to you hereunder any sums owed by you to MCatch, whether in connection with this Agreement (including any breach hereof by you) or otherwise. MCatch may deduct from any present or future compensation due the amount of previously paid compensation for any returns, credits or other similar allowances made by MCatch to a particular Advertiser. Further, MCatch will have no liability whatsoever to provide you with compensation unless MCatch receives full payment by the Advertiser. MCatch reserves the right to deduct any amount of money on account of any fraud clicks or any such and similar activities undertaken by you which is against the interest of the advertiser or MCatch. MCatch will have no duty to compensate you for any revenue received by MCatch for any services provided by MCatch to Advertisers, including consulting, ad lay-out, copy writing or any other similar services. In addition, MCatch may withhold compensation in the event that you are in breach of any term of this Agreement.
(b) Payment Schedule. MCatch will pay you the amounts properly due and payable within thirty (30) days following the end of the applicable month in which it is earned; provided that, such amounts exceed one thousand dollars (USD) ($1000). If the amounts properly due and payable are less than one thousand dollars (USD) ($1000), then MCatch will pay you the following month; provided that, such amounts exceed one thousand dollars (USD) ($1000).
(c) Disputes. Any disputes over amounts due and payable by MCatch to you must be made in writing within thirty (30) days after MCatch makes the applicable payment to you. MCatch will consider such disputes in its discretion, but unless MCatch expressly determines otherwise in writing, the amounts due and payable by MCatch to you will be deemed accurate and accepted as such by you.
(d) Documentation. You need to submit all documentation if and as directed by MCatch when required to process payment or required under law. In the event that you do not provide MCatch with appropriate information required by MCatch, then MCatch may withhold payment until it receives such information.
If you are an Advertiser
(a) General. You will pay MCatch the fees and other compensation set forth in the applicable Campaign(s) established through MCatch’s Webpage or through an applicable insertion order(s) executed by you and MCatch (each, an “Insertion Order”). All fees and charges listed on the MCatch Webpage, an Insertion Order or this Agreement are in United States Dollars (“USD”). MCatch may modify its fee structure including then-current minimum bid levels at any time upon notice to you, which notice shall be communicated either through a posting on the MCatch website, revised Insertion Order, or via email
(b) Campaign Charges; Payment; Click Disputes. All Campaign charges will be calculated solely based upon MCatch’s records. No other measurements or statistics of any kind shall be accepted by MCatch or have any effect under this Agreement. If you dispute any charge made in connection with a Campaign, you must notify MCatch in writing within fifteen (15) days of any such disputed charge (“Notice“). MCatch will review and resolve such disputes in its sole discretion. If you fail to provide Notice, you waives any claim relating to the disputed charge. MCatch shall not be liable for any payment based on any fraudulent impressions generated by any person, robot, automated program or similar device or for fraudulent impressions similarly generated on any Ads, as reasonably determined by MCatch.
(c) Campaign Limits. You may set Campaign limits through the MCatch Services, including a cap on the amount of money available for a Campaign. Once the capped levels or amounts stated in the Campaign have been reached, MCatch will use commercially reasonable efforts to suspend delivery of Advertisements
(d) Pre-payment. You must maintain a positive cash balance in your Account in order to initiate and maintain a Campaign. Your Account may be funded via Paypal, or wire transfer. MCatch reserves the right to restrict access of any aforementioned payment method to you, or place limits on the use of a particular payment method.
(f) Taxes. You are responsible for all applicable taxes, duties or other charges, including sales or use taxes, imposed by any federal, state, or local governmental entity on the Service furnished by MCatch under this Agreement, except for taxes based on MCatch’s net income, gross revenue, or employment obligations. If MCatch is obligated by applicable law or regulation to collect and remit any taxes relating to the Service, then MCatch may deduct the appropriate amount from your Account.
(g) Pausing or Deleting a Campaign. To avoid future Account charges, you must log on to MCatch Webpage and follow Account procedures to pause or terminate a Campaign. Until you or MCatch has paused or terminated your Campaigns, you will be responsible for all charges incurred in connection with your Campaigns, including charges incurred during the twenty-four (24) hour period.
(h) No Cancellation, No Refund. By accepting this agreement, the Advertiser shall be bound by a “No Cancellation, No Refund” policy regardless of campaign releases. In the event you have funds remaining in your MCatch account balance, you may allocate it for next MCatch campaign.
Subject to the limited licenses granted to MCatch and Publisher hereunder, each party shall own and shall retain all right, title and interest in its trade names, logos, trademarks, service marks, internet domain names, short codes, software, copyrights, patents, trade secrets, knowhow and proprietary technology, including, without limitation, those trade names, logos, trademarks, service marks, copyrights, patents, testimonials, endorsements, know how, trade secrets and proprietary technology currently used or which may be developed and/or used by it in the future ("Intellectual Property"). Except as provided in this Agreement, you may not distribute, sell, reproduce, publish, display, perform, prepare derivative works or otherwise use any of the Intellectual Property of another party without the express prior written consent of such party. Except as permitted under this Agreement, Publisher may not alter, copy, modify, take, sell, re-use, or divulge in any manner any Content or computer code provided by MCatch without MCatch’s prior written consent.
Publisher may not copy Ads and display them from Publisher's Site directly or redirect traffic to a Site other than that listed by MCatch or the Advertiser or ask users to take advantage of other advertisements or offers other than those listed by MCatch or Advertiser. Any Content which is copied, changed or altered without prior written consent will result in non-payment for the campaign and may result in termination.
MCatch owns all data collected by or through MCatch ‘s code and/or any or all reports, results, and/or information created, compiled, analyzed and/or derived by MCatch ‘s from such data(collectively, "Data"). All Data shall be deemed MCatch ‘s Confidential Information. Any use by you of such Data shall be only as expressly permitted in this Agreement and in strict compliance with MCatch’s confidentiality policy. Any approved modifications to MCatch Code shall be owned solely by MCatch.
You understand that MCatch operates as a network and does not disclose the names or URLs of the Publishers in the Network. Publishers may remove or reject Ads or other Content at their discretion. Content placed on the Network may be subject to additional terms and conditions as are imposed by Publishers. You understand and agree that Publishers make no guarantee of traffic levels and only offer Inventory figures as a guide.
You represent and warrant that the Sites and the Content placed by you:
- are owned by or licensed to you or that you are legally authorized to act on behalf of the owner of the same for the purposes of this Agreement
- do not violate any law, statute, ordinance, treaty or regulation
- do not infringe in any manner on any copyright, patent, trademark, trade secret or other intellectual property right of any third party
- do not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, and have not otherwise resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity
- are not false, deceptive or misleading
-are not defamatory, libelous, slanderous or threatening
- are free of viruses, Trojan horses, trap doors, back doors, worms, time bombs, cancel bots, spyware and other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system, data or personal information.
You also represent, warrant and covenant that:
- You have the power and authority to enter into and perform your obligations under this Agreement
- You are at least eighteen (18) years of age, and that there is no legal reason that you cannot enter into this binding Agreement
- You shall not be in violation of any obligation, contract or agreement by agreeing to these terms and conditions, by performing your obligations hereunder or by authorising and permitting MCatch to perform the Services hereunder
- You shall comply with all of the terms and conditions of this Agreement, as amended from time to time
- You shall comply with all applicable laws, statutes, ordinances and regulations
- You will not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories
MCatch is hereby authorized by you to perform all the services described hereunder with respect to you
You grant MCatch and the Publisher the right to transmit the Content to the Sites. In case you are a Publisher, you shall not allow, authorize or encourage any third party to generate fraudulent impressions of or fraudulent clicks on any advertisement, including but not limited to, through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software. MCatch reserves the right to Block such accounts without any prior intimation to avoid any further loss to our network and Advertisers. MCatch as a sole discretion can furnish supporting logs of such investigations. Once an account is deactivated all the Zones/ Sites will be rejected and the past earning will be withheld.
You agree not to disclose Confidential Information received by you or coming to your knowledge as a result of this Agreement, without prior written consent except as provided herein. "Confidential Information" includes
- Ads or other Content, prior to publication
- submissions or modifications relating to any advertising campaign
- click through rates or other statistics,
- all commercial information about campaigns,
- any technical information,
- any information about MCatch or its affiliates
- any other information designated in writing as "Confidential"
- submissions or modifications relating to any software applications
- any technical information
- Information that is confidential and proprietary to a party or a third- party, as is designated by the disclosing party or that is reasonably understood to be proprietary and/or confidential.
It does not include information that has become publicly known through no breach by a party, or has been independently developed without access to the other party's Confidential Information
rightfully received from a third party; or Required to be disclosed by law or by a governmental authority. You will be responsible for a breach of this Agreement by any of your representatives. You shall promptly notify MCatch of discovery of any unauthorized use or disclosure of Confidential Information and will cooperate with MCatch in every reasonable way to help regain possession of such Confidential Information and prevent its future unauthorized use.
During the term of this Agreement and for a period of three (3) years thereafter, neither party will use or disclose any Confidential Information of the other party except as specifically contemplated herein.
MCatch may terminate this Agreement immediately at any time by notice in writing to you. If you fail to make any due payments, MCatch shall have the right to immediately terminate any Services. You may terminate this Agreement upon providing one (1) month written notice via email, fax or Post/Courier services. You shall, upon prior written notice to MCatch, have the right to
- pause a campaign at any time or
- stop a campaign at any time and allocate your funds to other MCatch campaigns
In the event that you terminate your campaign early, you shall be liable to make full payment for work performed and delivered up to the modified termination date. Upon termination of this Agreement, your right to use the Services will immediately cease and you will remove MCatch code from your Sites/Ads. Any termination of this Agreement, howsoever occasioned, shall be without prejudice to any other rights or remedies that a party may be entitled to and shall not affect any accrued rights or liabilities of either party. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, confidentiality and limitations of liability.
MCatch expressly disclaims all representations and warranties of any kind, whether express or implied, including but not limited to any implied warranties of quality, fitness for a particular purpose. MCatch makes no representation or warranty about the quality, suitability, reliability, availability, merchantability, delivery, lack of viruses or other harmful components or accuracy of information relating to the Services sought to be purchased by you.
MCatch does not make any warranty that the Services it provides under this Agreement will meet your requirements or that they will be uninterrupted, timely, and secure or error free. MCatch does not make any warranty as to the results or consequences of your use of any Services that MCatch provides under this Agreement. You understand and agree that from time to time the Services hereunder may be inaccessible, unavailable or inoperable for any reason, including, without limitation:
- equipment malfunctions
- periodic maintenance procedures or repairs which MCatch may undertake from time to time; or causes beyond the control of MCatch or which are not reasonably foreseeable by MCatch, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, the unavailability, operation, or inaccessibility of Sites or interfaces, network congestion or other failures.
While MCatch will attempt to provide the Services on a continuous basis, you hereby acknowledge and agree that MCatch gives no guarantee of the availability of the Services on a continuous or uninterrupted basis. Terms of this Agreement are subject to MCatch hardware, software, and bandwidth traffic limitations. Failure to deliver because of technical difficulties does not represent a failure to meet the obligations of this Agreement. You understand that Inventory levels may change depending on market conditions and booking at a certain rate does not guarantee a certain level of Inventory. MCatch makes no guarantee regarding the levels of impressions or clicks that are available to you, nor any guarantee of the length of time it may take to deliver your campaigns. If you have been given such figures before running a campaign you understand that they are offered merely as a guide. MCatch makes no guarantee that any targeting set will work in every case or that the campaigns will start or finish on exactly the times required. MCatch will not be held responsible for any misplaced Ads or other Content, or targeting which goes amiss. Targeting and timings for campaigns are done on a 'best effort' basis. MCatch does not guarantee the quality of the click throughs or impressions. You agree to not hold MCatch responsible for a poor return on investment or conversion rate from your click throughs, and there will be no refunds issued in such a case. You agree that all capping and auto top-up of campaigns is on a 'best effort' basis. MCatch will not be held responsible for capping which over runs. You acknowledge and agree that MCatch has no special relationship with or fiduciary duty to you and that MCatch has no control over, and no duty to take any action regarding: which users gain access to the Site or Services; what Content a user accesses or receives via the Site or Services; what Content other users may make available, publish or promote in connection with the Services; what effects any Content may have on you or any users or customers; how you or your users or customers may interpret, view or use the Content; what actions you or its users or customers may take as a result of having been exposed to the Content, or whether Content is being displayed properly in connection with the Services.
Further, you specifically acknowledge and agree that
- MCatch has no control over (and is merely a passive conduit with respect to) any Content that may be submitted or published by any Advertiser, Publisher or other User and
- MCatch has no control over any Content that may be available or published on any Site (or otherwise); and that you are solely responsible (and assume all liability and risk) for determining whether or not such Content is appropriate or acceptable to you.
You will indemnify and hold MCatch, its parents, subsidiaries, affiliates, directors, officers, employees, Publishers, Advertisers and other Users ("MCatch Indemnified Parties") harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, the violation of this Agreement by you or the infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. You guarantee that data regarding consumers gained by this Agreement will be only used for legal purposes. You also agree not to resell, market, or transfer any data regarding consumers gained through this Agreement to any third party unless expressly permitted by MCatch in writing. You will indemnify, defend and hold harmless MCatch and Indemnified Parties from any and all losses, liabilities, claims, obligations, costs, expenses (including without limitation reasonable attorney’s fees) and losses which result from any claim of damages brought or sought against MCatch that alleges consumer data gained by this Agreement was used for any purpose in violation of any applicable laws. The provisions of this paragraph shall survive the termination of this Agreement.
MCatch shall not be held liable or responsible to you nor be deemed to have defaulted under or have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement when such failure or delay is caused by or results from causes beyond the reasonable control of MCatch or from a Force Majeure event. "Force Majeure Event" means any event due to any cause beyond the reasonable control of the Parties, including, without limitation, unavailability of any communication system, breach or virus, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking unauthorized access to computer data and storage devices, computer crashes, etc.
ALL SERVICES PROVIDED BY MCatch ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MCatch MAKES NO WARRANTIES, GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. MCatch IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILURE, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROL. MCatch SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING FOR LOSS OF DATA, LOSS OF PROFITS, BASED UPON A CLAIM OF ANY TYPE OR NATURE (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY OR STRICT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement constitutes the entire agreement between the MCatch and you pertaining to the subject matter hereof.
Relationship between Parties
You and MCatch are independent contractors and nothing in this Agreement shall make us joint venturers, partners, employees, agents or other representatives of the other hereto. You shall not make any representation that suggests otherwise.
If any provision of this Agreement is determined to be unenforceable for any reason, then the remaining provisions hereof shall remain unaffected and in full force and effect.
MCatch reserves the right at all times to vary or amend these terms and conditions or to introduce new terms and conditions. Any such variations or amendment or introduction will become effective and binding on you upon notification to you.
This Agreement may not be assigned by you without the prior written consent of MCatch. MCatch may assign all its rights, titles, benefits under this Agreement to any of its affiliates. This Agreement shall apply to and bind any successor or permitted assigns of the Parties hereto.
All rights and remedies hereunder shall be cumulative and may be exercised singularly or concurrently. If any legal action is brought against you by MCatch, to enforce any obligations hereunder, MCatch shall be entitled to receive its attorney's, fees, court costs and other collection expenses, in addition to any other relief it may receive. Failure of MCatch to require strict performance of any provision shall not affect MCatch’s right to require strict performance thereafter.
Waiver by MCatch of a breach of any provision shall not waive either the provision itself or any subsequent breach and shall not prevent enforcement on later occasions.
Notwithstanding any other provision to the contrary herein, terms which by their nature survive termination or expiration of this Agreement shall bind you and MCatch following any expiration or termination of this Agreement.
Any notice, direction or instruction given under this Agreement shall be in writing and delivered by hand, post, facsimile or email to MCatch at its registered office and to you at the address notified by you/ used by you for communications with MCatch.
Notice will be deemed given:
in the case of hand delivery or registered mail or overnight courier upon written acknowledgement of receipt by an officer or other duly authorized employee, agent or representative of the receiving party
in the case of facsimile upon completion of transmission as long as the sender's facsimile machine creates and the sender retains a transmission report showing successful transmission. Provided that in case of the date of receipt not being a business day, notice shall be deemed to have been received on the next business day. Provided further that in case of a notice being forwarded by facsimile, a copy of the notice shall also be forwarded by hand delivery, registered mail or overnight courier services.
The address for notice may be changed by you or MCatch by giving notice to the other party as provided herein.
Nothing in the aforesaid clauses shall affect any communication given by way of the internet or other electronic medium as otherwise provided in this Agreement for the purpose of rendering the services.
It is agreed that any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of this Agreement, shall be exclusively governed by law of Malaysia. The Parties agree to submit to the exclusive jurisdiction of the Courts located in Malaysia, as regards any claims or matters arising under or in relation to these terms and conditions.
© MCatch 2016. All Rights Reserved.