Terms of Use

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE "WEBSITE"). THESE WEBSITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE. THESE TERMS OF USE IS A BINDING AGREEMENT BETWEEN YOU AND WHIZCITY SDN. BHD. (“WHIZCITY ” OR “WE”).

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1.      Acceptance of Terms

The WhizCity website www.whizcity.my (“Website”) and other pages and websites under WhizCity brand are operated by WhizCity Sdn. Bhd. (Company No: 202201011490 (1457187-P)) (the “Company”) at Wisma MTG, No3, Jalan 7/5, Taman Industri Selesa Jaya, Balakong, 43300 Seri Kembangan Selangor, and its associated entities provides to End User are subject to the TOU.

The TOU stated herein constitute a legal agreement between you and Company. The Company provides the parking solution to allow End User to pay for parking fee and / or charges (the “Services”) operated by third party parking operator (the “Merchant”).

The Company reserves the right at any time to change or discontinue any aspect or feature of the Services, as it deems fit. Any updated Terms of Use will take effect when posted on this Website. You agree that it is your responsibility to review the Terms of Use regularly.

2.     The Legal Relationship between you and the Company

The Company is a technology company that creates, hosts, maintains and provides internet-based services that facilitate parking transactions, bill presentment and payments between you and the relevant Merchant or service provider. The Company does not determine or control the charges, fees or bill amounts imposed by the Merchant or service provider, nor the underlying goods or services for which payment is made through the Company’s Services.

3.     Intellectual Property, Copyright and Trademark

You acknowledge and agree that the Services and any necessary software used in conjunction with the Services contain proprietary information that is protected by applicable intellectual property law.

Except as expressly authorized by the Company, you agree not to modify, sell, distribute or create derivative works based on the Services.

4.     Your Conduct

The Company does not allow its Services to be used for illegal activities. The Company has the right to take action to protect itself and its users.

You must not use the Services in any way that causes, or is likely to cause Services to be interrupted, impaired or damaged in any way.

You are solely responsible for all acts or omissions that occur when using the Services. You are solely responsible for the content which you post or transmit through the Services and you acknowledge that the Company is only the conduit for posting, distribution and transmission of data. You agree that:

i.       Your use of the Services will only be for lawful purposes and not for any purpose against public interest, public order or national harmony and is in accordance with these Terms of Use;

ii.     All Content, products or services transmitted or made available via the Services, are the sole responsibility of the person from which such Content, products or services originated;

iii.    You are solely responsible for all Content, products or services you transmit or make available via the Services or on any website;

iv.    By using the Services, you may be exposed to third party Content, products or services that may be defamatory, offensive, indecent, objectionable or illegal;

v.     You will not use the Services to publish defamatory, infringing, obscene or other unlawful material and post or transmit unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, privacy invading, sexual/racially offensive or otherwise objectionable material of any kind or nature;

vi.    You will not use the Services to interfere with, damage, disrupt or unlawfully use or gain access to any service, equipment or computer network without due authorisation;

vii.  You will not use the Services in a manner that results in distribution of viruses, trojan horses, worms, time bombs, cancelbots, or other similar harmful or damaging programming routines which are designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment;

viii. You will not use the Services to transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email, or for any commercial purposes.

ix.    You will not use the Services to impersonate any other person or to create a false identity.

x.     You will not engage in any activity, whether lawful or unlawful, which we solely determine, to be harmful to our customers, operations, reputation, good will or customers relation.

xi.    You will not disrupt or undermine the security of the various networks and systems that are connected to the Services, or violate the regulations, policies, or procedures of such networks or systems. This may include any failure to update software use on your account or website that is known to be vulnerable to malicious activity or exploitation.

xii.  To make or attempt any illegal or unauthorised access to any part or component of the Services, the network or any third party equipment, accounts, systems or networks to which you can connect through the Services directly or otherwise; or to carry out or attempt any activity that might be used as a precursor to an attempted system penetration (i.e. port, stealth, security or penetration scans or other information gathering activity) on the Company or its service providers’ servers or network;

xiii. The Services involves access to, use of and exchange of information over the internet and you acknowledge that such access to, use of and exchange of information may not be secure. The Company will not be liable to you if you suffer loss or damage as a result of the information not being secure.

xiv. You will comply with all applicable laws, rules and regulations and any instructions, notices, directions, requirements or restrictions which we may impose on the use of the Services;

xv.  You are required to provide accurate and complete information to the Company and inform the Company immediately of any changes in any particulars or information given to us, including but not limited to any changes in address and/or contact particulars;

5.      Support

Please contact the Merchant should you need assistance for the parking related matters including the charges / fee. For more specific questions relating to the Services, please contact support@whizcity.my or careline at +603 8964 9661 for further assistance.

6.     Disclaimer of Warranty, Limitation of Liability

End user agrees that the use of Services is at End User’s sole risk. Neither the Company, nor any of their respective employees, agents, third party system integrator warrant that the Services will be uninterrupted or error free;

To the fullest extent permissible by applicable laws, the Company disclaims all warranties, express or implied, including but not limited to:

i.                 The use of the Services will be secure, uninterrupted, error free with any hardware, software or third-party system;

ii.                The quality of Services will meet your requirements or expectations;

iii.              Warranty that the Services or server(s) that make the Services are free from viruses or bugs.

iv.              The disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, delay in operation or transmission, computer virus, connectivity line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, or under any other cause of action. The End User acknowledge that the Company is not liable for the defamatory or illegal conduct of other End User or third parties and that the risk of loss in any form from the foregoing rest entirely with the End User.

7.     Use of Information

Registration information and certain other information about you are subject to our Privacy Policy.

8.     Payment

The End User represent and warrant that if they are making payment via the Services provided by The Company that any payment information that the End User supply is genuine and charges incurred by End User will be honoured by the End User’s debit/credit card, online banking or eWallet account.

9.     Refunds

In the event the End User dispute any of the charges made via the Services, the End User shall contact the Merchant for investigation and/or provide written notice to the Company within fourteen (14) days from the date of the payment receipt failing which it shall be deemed to be correct. Upon receipt of the written notice by the End User, the Company and/or the Merchant shall investigate and perform refund, if necessary.

End User shall email their request to support@whizcity.my for a refund form. The End User is required to provide the following information

i.                 Full name

ii.                Phone number

iii.              Payment reference ID

iv.              Site name

v.                Amount

vi.              Reason of refund

10.   Governing Law and Jurisdiction

This Agreement shall be deemed to be a contract made under and governed by the Malaysian law without regards to conflict of law rules. You irrevocably consent to the jurisdiction of the Malaysia courts for purposes of any dispute arising under or in relation to this TOU