Terms of Service

Acceptance of the Terms of Use

These terms of use are entered into by and between You and BROKU SDN BHD (a Malaysia limited liability company) (”Company,” “we,” or “us”). The following terms of use, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of any BROKU SDN BHD product, including but not limited to appbroku.comand the myBROKU App, including any content, functionality, and services offered on or through appbroku.comor the MyBROKU App (the “Platform”), whether as a guest or a registered user. 

Please read the Terms of Use carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, Membership Terms, and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use, Membership Terms, and/or the Privacy Policy, you must not access or use the Platform.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are legally binding on you.‌

Accessing the Platform and Account Security

We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Platform.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole and exclusive discretion for any reason or no reason at all, including but not limited to if, in our opinion, you have violated any provision of these Terms of Use.‌

Intellectual Property Rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, lessons, classes, presentations, content and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes.

If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify, change, augment or alter any materials or copies thereof from the Platform.

Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text without prior express written approval from the Company.

Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.

You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform. If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: support@iambroku.com. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. The Company reserves the right to seek damages, including attorney’s fees, when and where applicable.‌

Trademarks and Other Intellectual Property

The Company name, the terms myBROKU, appbroku.com and other terms which are obviously or apparently proprietary in nature, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.

Unless otherwise indicated, the Platform and all information contained therein is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, content, lessons, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Platform, you are granted a limited, revocable license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, the Content and the Marks.‌

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

For the purpose of exploiting, harming, or attempting to exploit or harm minors or adult users in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, screen names, or identifying handles associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform, or expose them to liability.

To harvest, mine, collect, compile or retrieve the data of other users of the Platform for any purpose whatsoever.

Additionally, you agree not to:

Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.

Share any of the Platform’s content with any non-member of the Platform.

Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.

Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

Use any device, software, or routine that interferes with the proper working of the Platform.

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.

Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Platform.

Your Promises and Representations

By using the Platform, you represent and warrant that: 

all registration information you submit will be true, accurate, current, and complete; 

you will maintain the accuracy of such information and promptly update such registration information as necessary; 

you have the legal capacity and you agree to comply with these Terms of Use; 

you are not a minor in the jurisdiction in which you reside;

you will not use the Platform for any illegal or unauthorized purpose; and 

your use of the Platform will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof). You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, inaccurate, obscene, or otherwise objectionable.

User Contributions

The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, classes, information databases, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users, other persons, or to the Company (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platform. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary as to the User who posted such contribution. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, sell, monetize and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform. You hereby agree to fully and without reservation indemnify the Company against any such claims each and every time you make a contribution of material to the Platform. By using the Platform and making any type of contribution thereto, you are licensing the Company, forever and irrevocably, to use your contributions on the Platform or elsewhere, at the sole discretion of the Company, without remuneration to you. Further, you understand and agree that any contributions of content or any of your data collected by the Platform can be transferred to an entity in succession at any time. Specifically, if the Company ever sells the Platform, in part or in whole, your rights hereunder to any User Contribution or other contribution which you have made will transfer in full to the purchaser or investor.

Payment of Fees

You may be required to purchase or pay a fee to access some or all of our services as directed by our Membership Terms. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Platform. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Platform and for membership to and use of the Platform. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in MYR.

You agree to pay all charges or fees at the prices then in effect for your purchases and memberships, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Platform.

Canceling Your Account

You can cancel your membership at any time by contacting us at support@iambroku.com. Your cancellation will take effect at the end of the current payment term. ‌If your account is cancelled, suspended, or terminated, either by you or myBROKU, you no longer have access to content on the myBROKU Platform, including user profiles, conversations, courses, course certificates, discounts, and any other content we choose. We may, at our discretion, delete or remove user data for non-active accounts.

‌Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, could create liability for the Company, or is inconsistent with the Company’s plans for tone, content and philosophy of the Platform.

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.

Terminate or suspend your access to all or part of the Platform for any or no reason, without refunding any monies paid by you to the Company, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND/OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and/or do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

‌Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. Please also review our Community Guidelines, as they serve as a supplement to these Content Standards. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable either to the standards of common decency or to the subjective standards of the Company, whose word and decision is last and final.

Promote pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, sexual identity, age, or any other personal factor whatsoever. Please see Community Guidelines for more specific information.

Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

Be likely to deceive any person.

Promote any illegal activity, or advocate, promote, or assist any unlawful act. (Professional discussions of controversial subjects — e.g. euthanasia/assisted suicide as one example — that include a nursing-related feature or element may be discussed in a professional manner as it adds to the value of the learning and discourse for which the Platform was created.)

Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, unless such activity is being directly promoted by the Company.

Give the impression that they emanate from or are endorsed by us or any other person or entity, if such impression is inaccurate, misleading or untrue.

We reserve the right, but not the obligation, to:

monitor the Platform for violations of these Terms of Use; 

take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; 

in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; 

in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and 

otherwise manage the Platform in a manner designed to protect our rights and property, the experience of other users, the rights and best interests of sponsors and advertisers, and to facilitate the proper functioning of the Platform.‌

Copyright Infringement

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of who knowingly and repeatedly infringe on the intellectual property of others. 

Reliance on Information Posted

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

This Platform includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. ‌

Changes to the Platform

We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material. 

Information About You and Your Visits to the Platform

All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.‌

Online Purchases and Other Terms and Conditions

Membership to the site is covered by the Terms of Use. All other purchases through our Platform or other transactions for the sale of goods, services or information formed through the Platform, or resulting from visits made by you, are governed by our Membership Terms, which are hereby incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, services, or features of the Platform. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.‌

Linking to the Platform and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the part of the Company.

This Platform may provide certain social media features that enable you to:

Link from your own or certain third-party Platforms to certain content on this Platform.

Send emails or other communications with certain content, or links to certain content, on this Platform.

Cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain third-party Platforms.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any Platform that is not owned by you.

Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

Link to any part of the Platform other than the homepage.

Otherwise take any action with respect to the materials on this Platform that is inconsistent with any other provision of these Terms of Use.

The Platform from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion. ‌

Links from the Platform

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience and/or to create revenue for and otherwise monetize the Platform. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of outside/third party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Platforms linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such Platforms.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT. YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM OR THE CONTENTS CONTAINED, OFFERED OR SOLD THEREON. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.‌ ‌

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. ‌

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.‌

Arbitration/Alternative Dispute Resolution

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Malaysia law.‌

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.‌

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.‌

Entire Agreement

The Terms of Use, Membership Terms and our Privacy Policy constitute the sole and entire agreement between you and myBROKU regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.‌

Your Comments and Concerns

This Platform is operated by BROKU SDN BHD.

All notices of copyright infringement claims should be sent to the Company. All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to support@iambroku.com.

Last modified May 25, 2023

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Privacy Policy

25 May 2023

Your privacy is critically important to us. At myBroku (“myBroku”, “we”, “us”, “our”), we have a few fundamental principles:

We are thoughtful about the personal information we ask you to provide and the personal information that we collect about you through the operation of our services.

We don’t share your personal information with anyone except to comply with the law, develop or operate our products or services, protect our rights, or with your consent.

We store personal information for only as long as we have a reason to keep it.We aim to be transparent on how we gather, use, and share your personal information.Below is our privacy policy (“Privacy Policy”):

myBroku operates a mobile application (the “Application”). It is myBroku’s policy to favor the privacy of the Application’s users (“you”, “your”) regarding any information collected through the Application, and to disclose what information we collect, and how that information gets used.

Please note that this Privacy Policy does not apply to any of our products or services that have a separate privacy policy.

Below we explain how we collect, use, and share information about you, along with the choices that you have with respect to that information.

Non-personally identifying Information

myBroku collects, or may have a third-party service providers collect, non-personally identifying information of the sort that mobile applications typically make available, such as the type of device using the Application, the operating system, location information, and aggregated user statistics. myBroku’s purpose in collecting non-personally identifying information is to better understand how users utilize the Application. From time to time, myBroku may release non-personally identifying information in the aggregate, e.g., by publishing or disclosing to third parties a report on trends in the usage of the Application or of mobile applications including the Application.

Personally Identifying Information

Certain users of the Application choose to interact with myBroku in ways that require myBroku to gather personally identifying information. The amount and type of information that myBroku gathers depends on the nature of the interaction. For example, we ask users who log in to a social network through the Application to provide a username and an email address. Those who engage in transactions with myBroku are asked to provide additional personally identifying information, including, as necessary, their first and last name, physical address, telephone number, and additional data such as financial information required to process those transactions. In all cases where myBroku collects such information, myBroku does so only insofar as is necessary or required to fulfill the purpose of the user interaction with myBroku, while following all legislative requirements. myBroku does not share personally identifying information other than as described in section “Sharing of Personally-Identifiable Information” below. Users can always refuse to supply personally identifying information, however, doing such may prevent them from engaging in certain Application-related activities if such information is required.

How and Why We Use Information

We use information about you for the purposes listed below:

To provide the Application. For example, to provide the Application, set up and maintain your account, host the service, backup and restore the service, provide customer service, and verify user information.

To ensure quality, maintain safety, and improve our services. For example, by providing upgrades and new versions of our Application. Or, for example, by monitoring and analyzing how users interact with our Application so we can create new features that we think our users will enjoy or make our Application easier to use.

To protect the Application, our users, and the public. For example, by detecting security incidents; detecting and protecting against malicious, deceptive, fraudulent, or illegal activity; fighting spam; complying with our legal obligations; and protecting the rights and property of myBroku and others, which may result in us, for example, declining a transaction or terminating services or features.

To fix problems with the Application. For example, by monitoring, debugging, repairing, and preventing issues.

To customize the user experience. For example, to personalize your experience by serving you relevant notifications and advertisements for our Application, and recommending content.

To communicate with you. For example, by emailing you to ask for your feedback, share tips for getting the most out of the Application, or keep you up to date on myBroku. If you don’t want to hear from us, you can opt out of marketing communications at any time. (If you opt out, we’ll still send you important updates and transactional information relating to your account.)

As otherwise described to you at the time of collection, or with your consent.

Sharing of Personally Identifying Information

myBroku shares personally identifying information only with those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on myBroku’s behalf or to provide services available through the Application, and (ii) that have agreed not to disclose it to non-required parties. For instance, myBroku uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, data storage, and related technology required to run the services available through the Application. Please note that some of those employees, contractors and affiliated organizations may be located outside of your home country. myBroku will not rent or sell personally identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, myBroku discloses personally identifying information only when required to do so by law, in connection with a merger or acquisition or sale of all or substantially all of its assets or the Application, or when myBroku believes in good faith that disclosure is reasonably necessary to protect the property or rights of myBroku, third parties or the public at large.

Use of Email Addresses and Push Notifications

If you have supplied your email address as part of your use of the Application, myBroku may, subject to the applicable law, occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what is going on with myBroku and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum.

With your consent, myBroku may also send push notifications or alerts to the device you use to access the Application. Such notifications can reach you even when you are not logged in to the Application or the Application is not running on your device. myBroku uses push notifications to send you messages related to the services provided through the Application or to make available to you general information regarding myBroku and its products. You can deactivate push notifications in the settings of the Application or of your device at any time, however, doing so may prevent various Application functions from working, if such functions rely on push notifications.

Protection of Information

myBroku takes reasonable measures to protect your personally identifiable information against unauthorized access, use, alteration, loss, or destruction.

Cookies

A cookie is a string of information that a web server stores on a user’s computer or other device, and that the user’s device provides back to the web server each time the user returns. myBroku may use cookies as part of the Application to remember your user preferences and make available to you the services provided through the Application.

Do-Not-Track Disclosures

The Application does not offer “Do Not Track” choices or other mechanisms designed to provide you the ability to exercise choice regarding the collection of such information.

Age Limitation

The Application is not directed and should not be available to children under 13 years of age. We do not knowingly collect any kind of personal information from children under 13 years of age. If you are under the age of 13 or the general age of consent for data processing in your country, do not use the Application or otherwise provide us with personal information. If we become aware that such information has been collected, we will immediately delete such information. If any parent or guardian learns or otherwise becomes aware of such child using the Application or otherwise providing personal information to us, please contact us.

Review of and Changes to personally identifying Information; Data Subject Rights

Email us at admin@smartfranchise.com.my to find out what personally identifying information we have collected about you and request any necessary changes, updates, deletions or corrections. Some data protection laws grant particular users certain rights with respect to their personally identifying information, such as the right to access, correct or delete your information. If such data protection law applies to your use of the Application, please email us at the address above to exercise your right.

Transferring Information

The information about you that we process when you use the Application in your country may be used, stored, and/or accessed by individuals or organizations operating outside your country. By accessing or using our Application, you consent to the transfer of your information outside of your country. Such countries may have laws which are different, and potentially not as protective, as the laws of your own country. Where required by an applicable law, we will take additional safeguards with respect to your information in connection with such transfers.

Privacy Policy Changes

Although most changes are likely to be minor, myBroku may change this Privacy Policy from time to time, and in myBroku’s sole discretion. These changes will always meet or exceed the requirements of the app store hosting the app. Changes to the Privacy Policy will be effective as of the date we post the revised version on this page or make it otherwise accessible through the Application as a notification. myBroku encourages users to frequently check this page for any changes to its Privacy Policy. If you have a myBroku account, you should also check your social network dashboard for alerts to these changes.

Your Acknowledgement

By using the Application and/or accepting any terms of service for the Application, you acknowledge the information provided to you about our collection, use, and sharing of any information pertaining to you as described in this Privacy Policy.

Effective Date

The effective date of this Privacy Policy is displayed at the top of its first page.

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