Terms and Conditions

User Agreement: www.FixApa.com

Kemaih Sdn Bhd, Registration Number: 202001010585 (1366905-A) (“Kemaih”), operates an online platform allowing Users to connect through the FixApa Platform with other Users who provide Services. Kemaih’s role is merely to link the Users. Kemaih is not responsible for the acts and/or omissions of any Third-Party provider, and any liability in relation to such Services shall be borne by the Third Party provider. The Third-Party providers shall not represent to be an agent, employee or staff of Kemaih and the Services provided by the Third Party providers shall not be deemed to be provided by Kemaih.

“User” is defined as all users of the FixApa Platform.

“Gigster” is defined as the person who is contracted to do the job by a Quester.

“Quester” is defined as the person that posted the particular job in Fixapa’s Platform.

Please read these Terms and all Policies including the Community Guidelines carefully before using the FixApa Platform. These Policies are incorporated into this Agreement by reference. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“You”) and Kemaih Sdn Bhd (“We”), concerning your access to and use of the FixApa Platform as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto. You agree that by accessing the FixApa Platform, you have read, understood, and agree to be bound by all these Terms and Conditions. We reserve the right, in our sole discretion, to make changes to these Terms and Conditions at any time for any reason.

1. SCOPE OF FixApa SERVICES

1.1 Kemaih Sdn Bhd provides the FixApa Platform to enable Questers to publish Tasks.

1.2 Gigsters may make an Offer in response to a Posted Task. Some parts of Offer details may be made publicly available, including to internet users who are not Users.

1.3 A Quester may revoke or modify a Posted Task at any time before he/she accepts an Offer. Kemaih reserves the right to cancel all Offers on a Posted Task made prior to the modification.

1.4 If a Quester accepts an Offer on the Fixapa Platform, a Task Contract is created between the Gigster and the Quester.

1.5 Upon creation of a Task Contract, the Quester must pay the Agreed Price into the Payment Account.

1.6 Upon creation of the Task Contract, Kemaih has rendered FixApa Services and the Service Fee is due and payable.

1.7 Once the Task Contract is created, the Gigster and Quester may vary the Task Contract on the FixApa Platform. The Quester and Gigster are encouraged to use FixApa Platform’s private messaging system to amend or vary the Task Contract (including the Agreed Price) or to otherwise communicate.

1.8 Once the Services are complete, the Gigster must provide notice of that on the FixApa Platform.

1.9 Once the Services are complete, the Quester must provide notice of that on the FixApa Platform.

1.10 Once the Posted Task has been completed and the Quester confirms the Services are completed, or if Kemaih is satisfied the Services have been completed, the Gigster’s Funds will be released by Kemaih from the Payment Account to the Gigster. However, this process does not apply to the payment of Recurring Services which is addressed in clause 1.16 below.

1.11 After the Task Contract is completed, the parties are encouraged to review and provide feedback of the Services on the FixApa Platform.

1.12 FixApa Platform may also provide a Search Assist feature enabling Questers to submit an Offer for Services.

1.13 An Offer submitted by a Quester using Search Assist may be notified to other Users and such Users may elect to make an Instant Claim of it.

1.14 When using Search Assist a Task Contract is created when a Gigster makes an Instant Claim (and in the case of Recurring Services a Task Contract is created for the first Occurrence only). For Recurring Services, the next Task Contract is created upon completion of the previous Occurrence.

1.15 A Quester may revoke or modify its Offer in using Search Assist, including for Recurring Services, at any time before a Gigster makes an Instant Claim. Kemaih reserves the right to cancel all Posted Tasks made prior to the revocation or modification.

1.16 For Recurring Services and subject to clause 1.17, once the Occurrence has been completed and the Gigster confirms the Occurrence is completed (or if Kemaih is satisfied the Occurrence is completed) then the Gigster Funds for that Occurrence will automatically be released by Kemaih from the Payment Account to the Gigster.

1.17 The Quester may elect to pause automatic payment of Gigster Funds for an Occurrence within 24 hours from when the Gigster confirms the Occurrence is completed. If the Quester pauses such automatic payment in accordance with this clause, then the Gigster Funds will not be released by FixApa Platform from the Payment Account to the Gigster until the Quester also confirms that the Occurrence is completed.

2. KEMAIH’S ROLE AND OBLIGATIONS

2.1 Kemaih provides the FixApa Platform only, enabling Users to publish Posted Tasks and make Offers on Posted Tasks.

2.2 FixApa only permits individuals over 18 years of age to become Users.

2.3 Users must be natural persons but can specify within their account description that they represent a business entity.

2.4 At its absolute discretion, Kemaih may refuse to allow any person to register or create an account with FixApa Platform or cancel or suspend or modify any existing account including if FixApa Platform reasonably forms the view that a User’s conduct (including a breach of this Agreement) is detrimental to the operation of the FixApa Platform.

2.5 Registering and creating an account with FixApa Platform is free. There is no charge for a Quester to post tasks, or for other FixApa Platform Users to review content on the FixApa Platform, including Posted Tasks.

2.6 Kemaih accepts no liability for any aspect of the Quester and Gigster interaction, including but not limited to the description, performance or delivery of Services.

2.7 Kemaih has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Gigster to perform tasks or supply items, or the honesty or accuracy of any information provided by Questers or the Questers’ ability to pay for the Services requested.

2.8 Except for liability in relation to any Non-excludable Condition, the FixApa Platform Service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

2.9 Kemaih has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience.

3. USER OBLIGATIONS

3.1 You will at all times:

(a) comply with this Agreement (including all Policies) and all applicable laws and regulations;

(b) only post accurate information on the FixApa Platform;

(c) ensure that You are aware of any laws that apply to You as a Quester or Gigster, or in relation to using the FixApa Platform.

3.2 You agree that any content (whether provided by Kemaih, a User or a third party) on the FixApa Platform may not be used on third-party sites or for other business purposes without Kemaih’s prior permission.

3.3 You must not use the FixApa Platform for any illegal or immoral purpose.

3.4 You must maintain control of Your FixApa Platform account at all times. This includes not allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.

3.5 You grant Kemaih an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the FixApa Platform for the purpose of publishing material on the FixApa Platform and as otherwise may be required to provide the Kemaih Service, for the general promotion of the Kemaih Service, and as permitted by this Agreement.

3.6 You agree that any information posted on the FixApa Platform must not, in any way whatsoever, be potentially or actually harmful to Kemaih or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Kemaih.

3.7 Without limiting any provision of this Agreement, any information You supply to Kemaih or publish in a Posted Task (including as part of an Offer) must be up to date and kept up to date and must not:

(a) be false, inaccurate or misleading or deceptive;

(b) be fraudulent or involve the sale of counterfeit or stolen items;

(c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;

(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);

(e) be defamatory, libellous, threatening or harassing;

(f) be obscene or contain any material that, in Kemaih’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or

(g) contain any malicious code, data or set of instructions that intentionally or unintentionally cause harm or subverts the intended function of any FixApa Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.

3.8 FixApa Platform may from time to time engage location-based or map-based functionality. The FixApa Platform may display the location of Questers and Gigsters to persons browsing the FixApa Platform. A Quester should never disclose personal details such as the Quester’s full name, street number, phone number or email address in a Posted Task or in any other public communication on the FixApa Platform.

3.9 If You are a Gigster You must have the right to provide Services under a Task Contract and to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment (including Gigster’s Funds) received under a Task Contract.

3.10 You must not, when supplying Services, charge a Quester any fees on top of the Gigster’s Funds. However, the parties to a Task Contract may agree to amend the Agreed Price through the FixApa Platform.

3.11 You must not request payments outside of the FixApa Platform from the Quester for the Services except to the extent permitted by clause 3.12 and only if the FixApa Platform does not facilitate the reimbursement via the Payment Account of costs considered in clause 3.12.

3.12 If a Gigster agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Gigster is solely responsible for obtaining any reimbursement from the Quester. Kemaih advises Gigster not to agree to incur costs in advance of receiving the payment for these costs unless the Gigster is confident the Quester will reimburse the costs promptly.

3.13 For the proper operation of the FixApa Platform (including insurance, proper pricing and compliance with Policies), the Gigster must ensure that, if it subcontracts any part of the performance of the Services to a third party in accordance with a Task Contract, then that third party must also be a registered User of the FixApa Platform.

3.14 If Kemaih determines at its sole discretion that You have breached any obligation under this clause 3 or that You have breached one or more Task Contracts, it reserves the rights to remove any content, Posted Task or Offer You have submitted to the FixApa Platform Service or cancel or suspend Your account and/or any Task Contracts.

4. FEES

4.1 Upon the creation of a Task Contract, the Gigster and Quester each owes Kemaih the respective portion of the Service Fee. The Service Fee will automatically be deducted from the Agreed Price held in the Payment Account.

4.2 If the Posted Task requires a Gigster to incur costs in completing the Services, the cost incurred will not be included in any calculation of Fees.

4.3 Fees do not include any fees that may be due to Third Party Service providers. All Third Party Service providers are paid pursuant to a User’s separate agreement with that Third Party Service provider.

4.4 All Fees and charges payable to Kemaih are non-cancellable and non-refundable, save for Your rights under any Non-Excludable Conditions.

4.5 If Kemaih introduces a new service on the FixApa Platform, the Fees applying to that service will be payable as from the launch of the service.

4.6 Kemaih may set-off any Fees against any Fixers Funds or other amounts held by Kemaih on behalf of a User.

4.7 Kemaih may restrict a User’s account until all Fees have been paid.

5. PAYMENTS AND REFUNDS

5.1 If the Task Contract is cancelled for any reason (by a Quester, a Gigster or under this Agreement) prior to the commencement of the Task Contract, then if Kemaih is reasonably satisfied that the Agreed Price should be returned to the Quester then the Agreed Price will be refunded to the Quester as Stored Value and a Cancellation Admin Fee will be due to Kemaih by the User who the cancellation of the Task Contract is attributable to under clause 5.5 or 5.6.

5.2 Kemaih may decide in its absolute discretion to refund the Agreed Price back onto the Quester’s credit card instead of Stored Value or waive the Cancellation Admin Fee.

5.3 Any amount returned by Kemaih to a Quester on behalf of a Gigster under clause 5.1 will be a debt owed by the Gigster to Kemaih and may be offset by Kemaih against any other payments owed at any time to the Gigster.

5.4 Any outstanding Cancellation Admin Fee owed by a User under clause 5.1 will be a debt owed by that User to Kemaih and may also be offset by Kemaih against any other payments owed at any time to the User.

5.5 Cancellation of a Task Contract will be attributable to the Fixer where:

(a) the Quester and the Gigster mutually agree to cancel the Task Contract; or

(b) following reasonable but unsuccessful attempts by a Quester to contact a Gigster to perform the Task Contract, the Task Contract is cancelled by the Quester; or

(c) the Gigster cancels the Task Contract; or

(d) a Task Contract is cancelled in accordance with clause 3.14 as a result of the Gigster’s actions or breach.

5.6 A Cancellation of a Task Contract will be attributable to a Quester where:

(a) the Quester cancels the Task Contract (other than in accordance with clause 5.5(b); or

(b) a Task Contract is cancelled in accordance with clause 3.14 as a result of the Quester’s actions or breach.

5.7 If the parties agree to any additional cancellation fee payable under the Task Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.

5.8 Kemaih may take up to 14 days to return the Agreed Price (less the Cancellation Admin Fee, if applicable) to the Quester.

5.9 If, for any reason, the Gigster Funds cannot be transferred or otherwise made to the Gigster or returned to the Quester (as the case may be) or no claim is otherwise made for the Gigster’s Funds, the Gigster’s Funds will remain in the Payment Account until paid or otherwise for up to three months from the date the Quester initially paid the Agreed Price into the Payment Account.

5.10 Following the 3 months referred to in clause 5.6, and provided there is still no dispute in respect of the Gigster’s Funds, the Gigster’s Funds will be credited to the Quester as Stored Value.

5.11 If the Task Contract is cancelled and a User who is a party to the Task Contract can show that work under a Task Contract was commenced, then the amount of the Agreed Price to be returned to the Quester will be conditional upon the mediation and dispute process in clause 18. However, the Cancellation Admin Fee will always be due in accordance with clause 5.1.

6. STORED VALUE

6.1 Stored Value :

(a) can be used by the credited User to pay for any new Services via the FixApa Platform;

(b) are not refundable or redeemable for cash;

(c) cannot be replaced, exchanged or reloaded or transferred to another card or account;

(d) are valid for 12 months from the date on which that particular Stored Value is applied to a User’s account, the date of issue or purchase or any expiry date applied by Kemaih (conditional upon any contrary specific jurisdictional legislative requirements);

(e) if the Stored Value is acquired other than under this Agreement, it may also be conditional on compliance with additional, or different, terms and conditions, as specified in relation to Stored Value, such as a restriction on when the Stored Value is redeemable (for example only for a User’s first Task Contract), specify a minimum Services value, or specify a maximum credit or discount value; and

(f) must not be reproduced, copied, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the credited User, or stored in a data retrieval system, without Kemaih’s prior written permission.

6.2 The User credited with a Stored Value is solely responsible for the security of any Stored Value. Save for the Non-Excludable Conditions, Kemaih will have no liability for any loss or damage to the Stored Value and does not have any obligation to replace Stored Value.

6.3 Kemaih will not accept and may refuse or cancel, any Stored Value, which it reasonably determines in its discretion, have been used in breach of this Agreement or have been forged, tampered with, or are otherwise fraudulent and Kemaih reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular, Stored Value, such as promotional coupons, vouchers or codes distributed or circulated without our approval, for example on an internet message board or on a “bargains” website, are not valid for use and may be refused or cancelled.

6.4 Kemaih is entitled to any value on Stored Value which is not redeemed before the Stored Value expires or is cancelled by Kemaih.

7. BUSINESS PARTNERS

7.1 Kemaih may enter into agreements with Business Partners and may seek to engage Gigsters in the provision of Business Services. Gigsters who agree to perform Business Services for Business Partners acknowledge and agree that Kemaih and the Business Partner may on-sell Services supplied to third parties for an increased fee.

7.2 Business Partners may require Gigsters providing Business Services to be approved or hold particular qualifications. Kemaih may assist Business Partners to locate suitably qualified Gigsters. Kemaih makes no warranty that it will promote any or all suitably qualified Gigsters to Business Partners.

7.3 Business Partners may require Gigsters to enter into a Business Partner Contract before providing Business Services.

7.4 Where a Gigsters accepts a Posted Task with a Business Partner:

(a) the Gigsters must provide Business Services to the Business Partner in accordance with the Task Contract and any applicable Business Partner Contract; and

(b) the terms of the Business Partner Contract will prevail to the extent of any inconsistency.

8. PAYMENT FACILITY

8.1 Kemaih uses a Payment Provider to operate the Payment Account.

8.2 In so far as it is relevant to the provision of the Payment Account, the terms at (to be confirm) are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Payment Account.

8.3 If Kemaih changes its Payment Provider You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.

9. THIRD-PARTY SERVICES

9.1 Kemaih may from time to time include Third Party Services on the FixApa Platform. These Third Party Services are not provided by Kemaih.

9.2 Third Party Services are offered to Users pursuant to the third party’s terms and conditions. Third-Party Services may be promoted on the FixApa Platform as a convenience to our Users who may find the Third Party Services of interest or of use.

9.3 If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.

9.4 Kemaih makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our FixApa Platform, Users may inform Kemaih of their Third Party Service experience here.

10. VERIFICATION & BADGES

10.1 Kemaih may use Identity Verification Services known here as FixApa Platform Identity Verification Services

10.2 You agree that the FixApa Platform Identity Verification Services may not be fully accurate as all FixApa Platform Services are dependent on User-supplied information and/or information or Verification Services provided by third parties.

10.3 You are solely responsible for identity verification and Kemaih accepts no responsibility for any use that is made of an FixApa Platform Identity Verification Service.

10.4 FixApa Platform Identity Verification Services may be modified at any time.

10.5 The FixApa Platform may also include a User-initiated feedback system to help evaluate Users.

10.6 Kemaih may make Badges available to Gigsters. The available Badge can be requested by the Gigsters via the FixApa Platform, and arranged on behalf of the Gigster and issued by Kemaih, for a fee. Obtaining Badges may be conditional upon the provision of certain information or documentation by the Gigsters and determined by Kemaih or a third party verifier which shall be governed by its terms.

10.7 You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent You relied on a Badge in entering into a Task Contract, you do so aware of this limitation. You should seek to verify any Badge with the Gigster prior to commencing the task.

10.8 It remains the Gigster’s responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform Kemaih immediately if a Badge is no longer valid.

10.9 Kemaih may, at its discretion, issue Badges to Gigster for a fee.

10.10 The issue of a Badge to a Gigster remains in the control of Kemaih and the display and use of a Badge is licensed to the Gigster for use on the FixApa Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the FixApa Platform.

10.11 Kemaih retains the discretion and right to not issue, or remove without notice, a Badge if You are in breach of any of the terms of this Agreement, the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Kemaih.

11. INSURANCE

11.1 Kemaih may offer its Users an opportunity to obtain insurance for certain Task Contracts. All such insurance will be offered by a third party. Any application and terms and conditions for such third party insurance will be displayed on the FixApa website when they are available. Kemaih confirms that all insurance policies are Third Party Services and governed by further terms set out for Third Party Services.

11.2 Kemaih does not represent that any insurance it acquires or which is offered via the FixApa Platform is adequate or appropriate for any particular User.

11.3 Each User must make its own enquiries about whether any further insurance is required and Gigsters remain responsible for ensuring that they have and maintain, sufficient insurance to cover the Services provided to other Users of the FixApa Platform.

11.4 Kemaih may also take out other insurance itself and that insurance may at Kemaih’s option extend some types of cover to Users. Kemaih reserves the right to change the terms of its insurance policies with the third-party insurance providers at any time. A summary of the policies are available on the FixApa website and the policy details can be requested via Kemaih. Users are responsible for familiarising themselves with these details.

11.5 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Gigster, and the insurance taken out by Kemaih (if any) responds to that claim then this clause applies. If a claim is made against a Gigster, Kemaih may (provided that the Gigster’s consents) elect to make a claim under any applicable policy and if the claim is successful, Kemaih reserves its right to recover any excess or deductible payable in respect of the claim from the Gigster. Where Kemaih makes a claim and the insurer assesses that the Gigster is responsible, Kemaih is entitled to rely on that assessment. If You do not pay any excess due under this clause, Kemaih may also elect to set this amount off some or all of the excess paid by it against future sums of money it may owe to You.

11.6 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Gigster, and the insurance taken out by Kemaih (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. Kemaih may elect to reject or pay an amount to settle a claim not covered by Kemaih’s own insurance policies. To the extent that the Gigster was or would be liable for the amount of the claim if Kemaih elects to pay an amount to settle the claim the amount paid by Kemaih may be recovered by Kemaih from the Gigster. Kemaih may also elect to set this amount off against future sums of money it may owe to the Gigsters.

12. FEEDBACK

12.1 You can complain about any comment made on the FixApa Platform using the ‘Report’ function of the FixApa Platform or contact Kemaih via the FixApa Platform.

12.2 Kemaih is entitled to suspend or terminate Your account at any time if Kemaih, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other FixApa Platform Users.

13. INTERNET DELAYS

The Service, Platform, Application and/or the software may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications including the device used by You and Third Party Service providers being faulty, not connected, out of range, switched off or not functioning. Kemaih is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

14. LIMITATION OF LIABILITY

14.1 Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the Task Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.

14.2 Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.

15. PRIVACY

15.1 Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, You must review and agree to their terms of service including their privacy policy.

15.2 Kemaih will endeavour to permit you to transact anonymously on the FixApa Platform. However in order to ensure Kemaih can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, Kemaih reserves the right to ask Users to verify themselves in order to remain a User.

16. MODIFICATIONS TO THE AGREEMENT

16.1 Kemaih may modify this Agreement or the Policies (and update the Kemaih pages on which they are displayed) from time to time. Kemaih will send notification of such modifications to Your Fixapa account or advise You the next time you login.

16.2 When You actively agree to amended terms (for example, by clicking a button saying “I accept”) or use the FixApa Platform in any manner, including engaging in any acts in connection with a Task Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.

16.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify Kemaih who will terminate Your FixApa Platform account, and stop using the FixApa Platform Services.

17. NO AGENCY

No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, You have no authority to bind Kemaih, its related entities or affiliates in any way whatsoever. Kemaih confirms that all Third-Party Services that may be promoted on the FixApa Platform are provided solely by such Third-Party Service providers. To the extent permitted by law, Kemaih specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or nonperformance of such Third-Party Service.

18. INDEMNIFICATION

18.1 By agreeing to the Terms and Conditions upon using the Service, you agree that you shall indemnify and hold Kemaih, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with:

(a) your use of the Service, FixApa Platform, Software and/or Application;

(b) breach of these Terms and Conditions;

(c) any breach of your representations and warranties set forth in these Terms and Conditions;

(d) your violation of the rights of a third party, including but not limited to intellectual property rights;

(e) any overt harmful act toward any other user of the FixApa Platform with whom you connected via the FixApa Platform

19. NOTICES

19.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to FixApa Platform’s contact address as displayed on the FixApa Platform or to Kemaih Users’ contact address as provided at registration. Any notice shall be deemed given:

(a) if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and

(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside the jurisdiction in which You have Your FixApa Platform account.

19.2 Notices related to the performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider’s terms and conditions.

20. MEDIATION AND DISPUTE RESOLUTION

20.1 Kemaih encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Kemaih may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.

20.2 If a dispute arises with another User, You must co-operate with the other User and make a genuine attempt to resolve the dispute.

20.3 Kemaih may elect to assist Users to resolve disputes. Any User may refer a dispute to Kemaih. You must co-operate with any investigation undertaken by Kemaih. Kemaih reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or Kemaih’s determination in an applicable court or tribunal.

20.4 Kemaih has the right to hold any Agreed Price that is the subject of a dispute in the Payment Account until the dispute has been resolved.

20.5 Kemaih may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.

20.6 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.

20.7 If You have a complaint about the Kemaih Service please contact us here.

20.8 If Kemaih provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to Kemaih for any costs, losses or liabilities incurred by Kemaih in relation to any claims relating to any other use of information not permitted by this Agreement.

21. USER DATA

21.1 We will maintain certain data that you transmit to the FixApa Platform for the purpose of managing the FixApa Platform. Although we perform regular routine backups of data, you are soley responsible for all data that you transmit or that relates to any activity you have undertaken using the FixApa Platform.

21.2 You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

22. CORRECTIONS

There may be information on the FixApa Platform that contains typographical errors, inaccuracies, or omissions that may relate to the FixApa Platform, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the FixApa Platform at any time, without prior notice.

23. TERMINATION

23.1 Either You or Kemaih may terminate your account and this Agreement at any time for any reason.

23.2 Termination of this Agreement does not affect any Task Contract that has been formed between FixApa Users.

23.3 Third Party Services are conditional upon and governed by, Third Party Service provider terms and conditions.

23.4 Sections 4 (Fees), 14 (Limitation of Liability) and 20 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.

23.5 If Your account or this Agreement are terminated for any reason then You may not without Kemaih’s consent (in its absolute discretion) create any further accounts with FixApa and we may terminate any other accounts You operate.

24. GENERAL

24.1 This Agreement is governed by Malaysian Law. 

24.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

24.3 This Agreement may be assigned or novated by Kemaih to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.

24.4 This Agreement sets out the entire understanding and agreement between the User and Kemaih with respect to its subject matter.

Kemaih © July 2020



APPENDIX A:

MODEL TASK CONTRACT

The terms used in this Task Contract have the meaning set out in the FixApa Glossary. A Task Contract is created in accordance with the FixApa Agreement. Unless otherwise agreed, the Quester and the Gigster enter into a Task Contract on the following terms:

1 COMMENCEMENT DATE AND TERM

1.1 The Task Contract is created when the Questers accepts the Gigster’s Offer on a Posted Task to provide Services. When using Search Assist, the Task Contract is created when the Gigsters makes an Instant Claim.

1.2 The Contract will continue until terminated in accordance with clause 7.

2 SERVICES

2.1 The Gigster will perform Services in a proper and workmanlike manner.

2.2 The Gigster must perform the Services at the time and location agreed.

2.3 The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the Task Contract.

2.4 The parties acknowledge that the Task Contract is one of personal service where the Questers selected the Gigster to perform the Services. Therefore the Gigster must not subcontract any part of the Services to any third party without the Quester’s consent.

2.5 The Gigster remains responsible and liable at all times to the Questers for any acts or omissions of a subcontractor as if those acts or omissions had been made by the Gigster.

3 WARRANTIES

3.1 Each party warrants that the information provided in the creation of the Task Contract is true and accurate.

3.2 The Gigster warrants that they have (and any subcontractor has) the right to work and provide Services and hold all relevant licences in the jurisdiction where the Services are performed.

4 PAYMENT OR CANCELLATION

4.1 Upon the creation of the Task Contract, the Quester must pay the Agreed Price into the Payment Account.

4.2 Upon the Services being completed, the Gigster will provide notice on the FixApa Platform.

4.3 The Quester will be prompted to confirm the Services are complete. If the Gigster has completed the Services in accordance with clause 2, the Quester must use the FixApa Platform to release the Fixer’s Funds from the Payment Account. For Recurring Services the Gigsters Funds for an Occurrence will automatically be released by Kemaih from the Payment Account to the Gigster unless paused by the Quester in accordance with the User’s FixApa Agreement.

4.4 If the parties agree to cancel the Task Contract, or the Quester is unable to contact the Gigster to perform the Task Contract, the Gigster Funds will be dealt with in accordance with the User’s Fixapa Agreement.

5 LIMITATION OF LIABILITY

5.1 Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the Task Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.

5.2 Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.

6 DISPUTES

6.1 If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).

6.2 If the parties are unable to resolve the dispute in accordance with clause 6.1, either party may refer the dispute to Kemaih and act in accordance with Clause 20 of the FixApa Agreement.

7 TERMINATION OF CONTRACT

The Task Contract will terminate when the Services are completed and the Agreed Price is released from the Payment Account; a party is terminated or suspended from the FixApa Platform, at the election of the other party;otherwise agreed by the parties or the Third Party Dispute Service; or notified by Kemaih in accordance with the party’s FixApa Agreement.

8 APPLICATION OF POLICIES

The parties incorporate by reference the applicable Policies.

9 GOVERNING LAW

The Task Contract is governed and construed in accordance with the laws of Malaysia.1.

Towards:

In Partnership with:

Ecosystem Partner:

Program Partner:

Kemaih Sdn Bhd, a Malaysian-registered company is the owner of FixApa, an online marketplace offering a wide range of freelance services by local gigsters to businesses and potential clients.

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