USE OF THE SRS MOBILE APPLICATION (THE “SRS APP”, “APPLICATION” ) CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE (“TERMS”), AS SUCH MAY BE REVISED BY RICHTECH COMMUNICATIONS SDN BHD (“RICHTECH”) FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER (“USER”, “YOU”) AND RICHTECH (“RICHTECH", “US”) GOVERNING THE USE OF THE SRS APP.
THE USE OF SRS APP IS GOVERNED BY THE TERMS OF THIS AGREEMENT. PLEASE ENSURE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS BEFORE USING YOUR SRS APP. IF YOU DO NOT UNDERSTAND THESE TERMS, YOU MAY CONTACT HELPLINE +60 11-5555 6318 TO DISCUSS YOUR CONCERNS WITH US BEFORE YOU FIRST USE YOUR SRS APP.
BY DOWNLOADING OR INSTALLING THE APPLICATION USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO THESE TERMS USER SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY.
PLEASE ALSO TAKE THE TIME TO VISIT THE SRS APP WEB SITE AT https://srs.my/ FOR A COMPREHENSIVE INFORMATION ABOUT THE SRS APP.
WE RECOMMEND YOU KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
PART ONE: SRS APP GENERAL TERMS
About Your Account
SRS APP allows you to reload the credits of your registered account under the SRS APP for future transactions within the SRS APP. The credits stored in the SRS APP can only strictly be used for such services or solutions provided via the SRS APP. It cannot be replaced if lost, stolen or damaged unless you have registered each of your SRS APP and reported the loss as described below. The credits that you load onto your SRS APP is a pre-payment only for the services or solutions within SRS APP. No credit card, credit line, overdraft protection or deposit account is associated with a SRS APP. No interest, dividends or any other earnings on funds loaded on to a SRS APP will accrue or be paid or credited to you by RICHTECH. The credits associated with the SRS APP is not insured or guaranteed by any person or entity.
We reserve the right to terminate your SRS APP account or otherwise limit use of your SRS APP account if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
Loading Value on to Your SRS APP
In Malaysia, you can load credits onto a SRS APP by using bank transfer, JomPay, DuitNowQR, DuitNow Online Banking/Wallet and Cash in via 7-11. If you choose to top up your SRS APP online, any personal data which you provide to us to do so will be held pursuant to SRS APP Privacy Policy on servers in Malaysia and by proceeding with the topping up facility, you will be agreeing to this arrangement. Loading a SRS APP account with another SRS APP account is not allowed. The minimum amount that can be loaded into a SRS APP for the first time is RM1. A maximum amount of RM1 million is permitted on a SRS APP at any given time and the amount that can be reloaded into a SRS APP must be in denominations of RM10. RICHTECH may change these maximum and minimum amounts at any time by notifying you at SRS APP notifications or on the SRS APP web site and such change shall not constitute an amendment to the terms of this agreement.
Fees and Credit Balances
RICHTECH does not charge any fees for the issuance, activation, use or reloading of your SRS APP account. Your account under SRS APP will not be expired or deactivated if it is not in use. Accordingly, any credit balance will remain therein unless a refund (upon RICHTECH’s approval) has been processed by RICHTECH to you via bank transfer to you, separately.
Receipts and Statements
No statements of itemized transactions from a SRS APP account will be sent or made available. You can check the balance of your SRS APP account or review recent transactions on your SRS APP on our website at https://srstopup.my, or by calling +60 11-5555 6318.
Credit Usage
The credits/advances in YOUR SRS APP account cannot be exchanged for cash or credit balance unless required by and subject to the terms of this agreement. There is no reversal or refund of any credit reload into YOUR SRS APP.
Complaint Handling
We reserve the right to correct the balance of your SRS APP account if we believe that a clerical, billing or accounting error has occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against YOUR SRS APP account, please contact our Customer Care Team by phone on +60 11-5555 6318 and we will investigate and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We will have no liability for any billing error unless you provide us notice within sixty (60) days of the date you become aware of the error. You should monitor your transactions and account balances closely.
Optional RegistrationLiability for Unauthorised Transactions
As your SRS APP account is used for purchases of services or solutions within the SRS APP, you are fully and solely responsible for the security, management and for all transactions associated with your SRS APP account, including unauthorized transactions. There are no replacements for lost or stolen credits of YOUR SRS APP account(s).
However, for registered SRS APP account, the account can be deactivated by contacting our Customer Care Team by phone on +60 11-5555 6318. Please notify us immediately if there is a change of information provided for registration. Personal information which you provide to us for purposes of registering your SRS APP account will be held pursuant to SRS APP Privacy Policy which is available on this website at https://srs.my/privacy_policy.html. If your registered SRS APP account is lost or stolen, you should contact us immediately at +60 11-5555 6318.
In the event the User is to register an account under the SRS APP: -
PART TWO: IMPORTANT LEGAL TERMS
Apple and Google Terms and Conditions; RICHTECH Policies
These Terms supplement and incorporate (a) in case the Application is distributed through Apple, Inc.’s (“Apple”) system, Apple’s Terms and Conditions (located at www.apple.com/legal/itunes/us/terms.php#service) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); (b) in case the Application is distributed through Google Inc’s (“Google”) system, Google Play Terms of Service (located at http://play.google.com/about/play-terms.php) (“Google Terms”) and (c) other RICHTECH policies (“RICHTECH Policies”), including the terms of use for the RICHTECH Website and the SRS APP, posted at www.richtech.my (“RICHTECH Website”). If any of the provisions of the Apple Terms, Google Terms or any applicable RICHTECH Policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Application.
User Rights
Subject to these Terms, RICHTECH grants the USER a personal, non-exclusive, non-transferable, limited and revocable rights to use the Application on an Apple or an Android mobile device (each a “Device”) owned or controlled by User as permitted by the Apple Terms or the Google Terms and in accordance with these Terms (“User Rights”).
Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Application (“Content”) is prohibited. This Agreement and User Rights also governs any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
Online Payment
Users who download the Application to a Device may also elect to participate in certain functionality of the Application which will allow the User to use a Device to load value to or make payment within the SRS APP in accordance with these Terms and the RICHTECH Policies including the SRS APP Terms and Conditions located at RICHTECH Website.
RICHTECH reserves the rights to edit, share, reject, erase, remove and delete any of the Content and link to web pages and/or media platform in the Application, at our sole discretion.
RICHTECH further reserves the right at any time to discontinue any or all of the functions of SRS APP.
RICHTECH shall not be liable to verify the identity or authenticity of any Device holder. All transactions carried out from your SRS APP account through a Device shall be deemed to be valid and authorized by you.
User Information
Some functionality of the Application, may require the transmission of information provided by the USER including but not limited to user names and passwords, addresses, e-mail addresses, financial information (such as credit card numbers), the International Mobile Equipment Identity number accessed in the User’s Device, phone-book information, information related to a SRS APP account or GPS location (“User Information”).
If the User uses such Application functionality, the User consents to the transmission of User Information to RICHTECH, its agents and/or service providers and authorizes RICHTECH, its agents and/or service providers to record, process and store such User Information as necessary for the Application functionality and for purposes described in the RICHTECH Privacy Policy located at RICHTECH Website.
The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the Application, including Online Payment, for all transactions and other activities undertaken with any SRS APP account registered in the USER’S name, whether authorized or unauthorized.
The User agrees to immediately notify RICHTECH of any unauthorized transactions associated with the Application including Online Payment or any other breach of security. RICHTECH shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the Application.
Obligation as a User
In addition to other terms herein, by using the Application, the User shall abide by the following terms and conditions:-
(a) the User shall only use the SRS App for lawful, non-commercial purposes;
(b) the User shall not use the SRS App in any manner that could damage, disable, overburden, impair our servers or networks, or interfere with any other party's use and enjoyment of the SRS App;
(c) the User shall not collect or harvest any information or data from the SRS App or our systems or attempt to decipher any transmissions to or from the servers running the SRS App;
(d) the User shall not infringe our intellectual property rights or those of any third party in relation to the use of the SRS App; and
(e) the User shall not post or transmit any material which contains viruses or other codes, files or programs which are designed to limit or destroy the functionality of our system and security.
Acceptable Use
Use by the User of the Application and any Content and User Information transmitted in connection with the Application is limited to the contemplated functionality. The User agrees that his or her use of the Application and any Content must comply with these Terms and the RICHTECH Policies.
In no event may the Application be used in a manner that:
(a) harasses, abuses, stalks, threatens, defames or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
(b) is unlawful, fraudulent or deceptive;
(c) uses technology or other means to access the Application, RICHTECH Website or Content that is not authorized by RICHTECH;
(d) use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Application, RICHTECH Website or Content;
(e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(f) attempts to gain unauthorized access to RICHTECH network or user accounts;
(g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
(h) violates these Terms;
(i) attempts to damage, disable, overburden, or impair RICHTECH servers or networks; or
(j) fails to comply with applicable third-party terms (collectively “Acceptable Use”).
RICHTECH reserves the right, in its sole discretion, to terminate any User Rights, terminate any User’s participation in the Application, Payment, remove Content or assert legal action with respect to Content or use of the Application, including Online Payment, that RICHTECH reasonably believes is or might be in violation of these terms of Acceptable Use or RICHTECH Policies including the SRS APP Terms and Conditions, but RICHTECH failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
Indemnification
At RICHTECH request, the User agrees to defend, indemnify, and hold harmless RICHTECH, and their affiliated companies, and their employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from the User’s use or misuse of the Application (including Online Payment), violation of these Terms or violation of any rights of a third party. RICHTECH reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences. In the event of any third-party claim that the Application or User’s possession and use of the Application infringes that third party’s intellectual property right, RICHTECH, not Apple or Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
No Warranties
RICHTECH IS PROVIDING THE APPLICATION TO THE USER "AS IS" AND THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, RICHTECH DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS THAT THE APPLICATION IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ERRORS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION (INCLUDING AS PART OF ONLINE PAYMENT) WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
No Liability
RICHTECH will not be liable the User for:
Marks, Application and Content
“RICHTECH”, “SRS APP”, the logo, and other trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of RICHTECH (collectively “RICHTECH Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third Party Marks”).
The RICHTECH Marks and Third-Party Marks shall not be copied, imitated or used, in whole or in part, without the prior written permission of RICHTECH or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by RICHTECH or the owner of the Content.
Governing Law and Jurisdiction
These Terms are governed by the laws of Malaysia, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. The User irrevocably consents to the exclusive jurisdiction of the courts of Malaysia for purposes of any legal action arising out of or related to the use of the Application or these Terms. If as a result of the introduction of new laws, stamp duty, statutory fee and service tax (including any goods and services tax) is chargeable in connection with this Agreement, you agree that RICHTECH is authorized to deduct such duty, fee and tax from your SRS APP account.
Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Assignment
We may transfer all or part of this agreement without such transfer being considered a change to the agreement, by giving notice to you. The company or other entity to whom we transfer this agreement will have the same rights and obligations as we did before the transfer, and we will ensure that it agrees in writing to be bound by the terms and conditions of this agreement so that you rights under this agreement are not detrimentally affected.
Entire Agreement; Construction
All correspondence entered into under this agreement will be in the English language. This agreement is the complete and exclusive statement of the agreement between you and RICHTECH and supersedes all prior proposals and all other agreements in respect of the subject matter of this agreement. If any provision of this agreement is illegal or unenforceable, that provision will be deleted from this agreement, and the remaining terms will not be affected. Headings are for convenience of reference only and will in no way affect interpretation of this agreement.
Changes
RICHTECH reserves the right to change or modify these Terms or any other RICHTECH Policies related to use of the Application at any time and at its sole discretion by posting revisions on the RICHTECH Website. Continued use of the Application following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
Enquiries or Questions
If you have any questions regarding this SRS APP Account Terms of Use and Agreement, or your SRS APP, please email our Customer Care Team at [email protected] or WhatsApp +60 11-5555 6318