The present Agreement is a legally binding agreement between you and Discover Everton
USERS ARE ADVISED TO READ THE TERMS AND CONDITIONS OF THIS USER AGREEMENT CAREFULLY.
BY REGISTERING IN AND ENTERING THE Discover Everton SYSTEM YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THE PRESENT AGREEMENT AND AGREE TO BE BOUND HEREBY.
We have the right to amend and update the present Agreement, delete any terms hereof, and make additions and adopt new annexes hereto, make changes to the fees and other amounts charged related to your User Account, at any time, by publishing a new edition of the Agreement on the Website of Discover Everton at least 10 days prior to the moment the new edition comes into effect. We will inform you additionally about any change by sending the relevant notifications to you.
Upon your reception of a notification of the changing of the Agreement, you shall read the new edition of the Agreement and accept the new conditions stipulated therein in order to continue your use of Discover Everton System and any of the Services provided by Discover Everton System. In event of disagreement on the new edition of the Agreement or any of its parts, you shall immediately discontinue our relationship with no additional fee or fine charged.
We have the right to contravene the term of advance publishing of a new edition of the Agreement in case such Changes are required by law or relate to the introduction of new services, additional functions to the existing Services or any other changes which may neither restrict your rights nor extend your liability limits. In such cases, the Changes are made without prior notification of the Users and come into effect immediately.
In the case at any moment you no longer agree to those terms or other conditions, you shall immediately discontinue our relationship.
In the case you intend to close your User Account, you must understand that you may be liable to us after the termination of the present Agreement for any of your obligations arisen and such which you were liable for before the termination of the present Agreement.
The present Agreement shall remain in effect until your User Account is closed in compliance with the procedures required by the System. Discover Everton may terminate the present Agreement for any reasons, including breach of the conditions of the present Agreement by you, with such termination immediately taking effect.
The present Agreement contains a legally binding provision regarding arbitration dispute settlements, which impacts your legal rights and may be executed by enforcement.
Unless the context otherwise requires, the terms used in the text, starting with uppercase letters, shall, herein and in the course of our further contacts and correspondence with you, bear the relevant meanings thereof described in the "Definitions" section.
The following terms starting with uppercase letters shall, in the present Agreement and in the course of any our further correspondence with you, bear the following meanings:
"Agreement" means this Agreement effective on a particular day, including any annexes hereto, policies and fees, as well as all of the forms filled out by you in compliance with the System's requirements, regardless of the time and manner of the provision thereof.
"Personal Account" means a User Account created mainly for personal, family or household needs.
"Services of Discover Everton" or "Services" mean all our products, services and any functions, technologies and/or functional abilities provided by Discover Everton System.
"System's Interface" is the combination of the tools with help of which a User utilises the System's abilities and receives the information on their account, gives instructions to carry out transactions with the funds on their User Account via USSD-requests, SMS-passwords, the mobile application, the Website of Discover Everton and other tools of the System.
"User" or "Client" means an individual, an entrepreneur or a body corporate having a User Account in Discover Everton System.
"User Account" means the account in Discover Everton System related to a User of the System.
"Verification" ("Verification of Identity") is a procedure of verification and confirmation of the accuracy of the information on a Client.
"Verified Account" is a User Account in connection to which a Client identification and verification procedure has been conducted in compliance with the requirements imposed by the System. The User of a Verified Account has unrestricted access to all the services and operations implemented in the System.
"Website of Discover Everton" means the website www.Discover Everton.net and its subdomains.
"We" and "our" refers to Discover Everton
"You" and "your" in any gender or case, singular or plural, refers to an individual who accepts the present User Agreement, and to the body corporate represented by such an individual.
2. General Terms
2.1. Our relationships with the User are described in this Agreement and are regulated hereby. The Present Agreement is applied to your use of Discover Everton System and any of the Services provided to the User by the System.
2.2. Discover Everton System is a testing environment for different components of the rewards platform product of Discover Everton, allowing storing and provides the Users with the services by transferring points.
2.3. Payments outside of the System are prohibited.
2.4. You acknowledge that Discover Everton System does not accept, dispense or otherwise use cash in its Services. You further acknowledge that Discover Everton is not a remittance business, a money transfer service, nor is it in the business of money lending.
2.5. If you use the services of Internet service providers, mobile/landline carriers, providers of mail or any other such services to use any of the Services, you shall bear the responsibility for any fees which such connection providers charge for such use, including the payments for SMS, data use, etc. Any such your provider does not relate to Discover Everton System's providers.
2.6. Discover Everton is an independent provider and is not your agent or authorised representative. You are solely responsible for choosing your contractors and do face all risks of non-fulfilment of their obligations to you. We shall not bear any responsibility for any fraud or bad faith practices committed by the entities that you deal with in terms of using the Services.
2.7. Discover Everton is not a bank. The amount displayed on your Wallets is not a deposit, and your account is not a bank account. Because Discover Everton is not a bank, your rewards accounts are not insured by the state or another authority.
2.8. The activities of Discover Everton are not brokerage activities or such of trade or exchange of securities, investment contracts or other documents, instruments or texts usually named "securities", as a matter of law.
2.9. The present Agreement is applied to solely the Services which are implemented in the System and which you are connected to. Any terms of the Agreement regarding the Services named therein but not in fact implemented in the System, or those you do not use, come into effect only upon the implementation thereof in the System and/or your connection thereto.
2.10. Discover Everton has the right to, in its sole discretion, set the terms of the introduction of the services not implemented, or refuse the implementation thereof. We do also have the right to refuse the provision of certain or all the services.
2.11. Any operation on a Client's Wallet is carried out, provided that the remainder of points thereon is sufficient for carrying out the transaction and paying the relevant commissions of the System, and also paying the other costs of the carrying out thereof, if any such are incurred. Withdrawals from the Clients' Wallets are not allowed, the System does not give loans or overdrafts to the Clients.
2.12. For the purpose of reduction of risks, protection of the Users from losses, or prevention of fraud, Discover Everton may, in its sole discretion, impose restrictions on the amount, the types and the number of operations via the Services. The mentioned restrictions are imposed in the System's Fees.
2.13. You are responsible for the accuracy of your instructions as to the carrying out of any transactions with your points by the System. Having been sent by you in any form, your instructions will be final and irrevocable.
2.14. You shall be obliged to the timely review of any messages from the System and the transaction history on your Wallets. You shall immediately notify us of any errors or problems, and also of the transactions you do not agree to, within 2 (two) calendar days of the relevant transactions.
2.15. Discover Everton acts on your behalf keeping the records related to your User Account. You understand and agree that (1) you are responsible for the accuracy and relevance of all the information provided by you, (2) your failure to provide accurate and relevant information may lead to measures taken against your User Account, the access to Discover Everton System may be revoked, and may lead to authorities' actions in relation to your User Account, or other sanctions and actions defined by the present Agreement and the applicable law, (3) we do not bear responsibility for any inaccurate or outdated information provided by you via Discover Everton System.
2.16. You understand and agree that Discover Everton, for the purpose of complying with the law on prevention of legalisation (laundering) of illegally received income and financing of terrorism, has the right to request the information on any operations carried out on your Wallets, and require written clarifications and documents for the explanation of the nature and the purposes of the operations. You agree to immediately provide us with such information and documents upon our request. We reserve the right to suspend the execution of any operation until we are provided with such information and documents by you.
2.17. You understand and agree that Discover Everton, for the purpose of complying with the law on prevention of legalisation (laundering) of illegally received income and financing of terrorism, has the right to refuse to carry out operations, and the right to block a User Account and, if required by law, inform the relevant competent authorities of any transactions and disclose other information thereto.
2.18. Any commissions and fees payable in accordance with the present Agreement and the System's Fees are subject to withholding by the System from the Clients' Wallets at the moment of the carrying out of the transaction.
3. User Account Types and the procedure of opening thereof
3.1. You may open a Personal Account and/or a Business Account in Discover Everton System.
3.1.2 At any point in time you can request Data Deletion by writing via email to email@example.com. Full Data Deletion will be operated and completed within 3 working day from your request.
3.2. Discover Everton System's Users may in accordance with the present Agreement, open a User Account:
3.2.1. A Personal Account may be opened by adult sui juris individuals having the right to enter into an agreement for the purpose of opening a Personal Account. If you are an individual, by creating a Personal Account with us, you fully understand and guarantee us that you act solely on your behalf and for your own benefit. You shall be obliged to use the Personal Account solely in your personal or your family's interests. Depending on the extent of a Client's Verification, their Personal Account may be Verified or Unverified. The individuals involved in entrepreneurial activities without the establishment of a separate legal entity or other private professional practice may, for the purpose of undertaking such activities, open a Business Account along with a Personal Account.
3.2.2. A Business Account may only be opened for the entities involved in entrepreneurial activities without the establishment of a separate legal entity (individual entrepreneurs); body corporates that sell/offer products or services or pay for products or services for the purpose of undertaking commercial activities. The Client owning a Business Account may appoint an Account Administrator in compliance with the procedures required by the System. The power of the Account Administrator may be renounced by the Client at any moment. By creating a Business Account and accepting the conditions stated in the present Agreement, you assume the obligation to not use it for personal, family or household purposes. If you create a Business Account as a representative of a body corporate, you assure and guarantee us that you have all the required rights and powers to act on behalf of that body corporate, and you have received all the required approvals for that before registration.
3.3. In order to open a User Account, you assume the obligation to provide us with accurate information and documents in compliance with the System's requirements published on the Website of Discover Everton, depending on the type of the account which you need, and the nature of the operations planned. On top of that, you shall be obliged to, upon our request, provide any other information and documents in compliance with the System's requirements, for the purpose of verification of the information provided by you, and, as well, in compliance with the requirements of the law on prevention of legalisation (laundering) of illegally received income and financing of terrorism. If applicable, we also have the right to request similar information in relation to the managers of the body corporate, Account Administrators, company shareholders, entities related to you or the company, and ultimate beneficiaries.
3.4. By agreeing to the conditions of the present Agreement you give us the power to, directly or with assistance of third parties, make any inquiries that we deem necessary for verification of your identity and/or your Account Administrator's identity, as well as for verification of the accuracy of the information provided by you. You grant us the right to request your credit history or verify the information provided by you, with the use of third-party databases or any other lawful information sources.
3.5. For the purpose of verification of the information provided, we may require you to perform certain actions for verification of your ownership of your e-mail address, mobile phone number, as well as for verification of the accuracy of the information and the documents provided by you. You assume the obligation to perform such actions, inter alia, by means of the System's tools.
3.6. We shall have the right to, in our sole discretion, from time to time require you to verify the accuracy and relevance of the information you provided, request confirmation of documents, and undertake other measures for Identification and Verification.
3.7. We retain the right to prevent, block and restrict access to your User Account, Wallets (several or all) or the Services, in the event where:
we are unable to receive or verify the information provided by you;
such information is incomplete, contradictory, or inaccurate;
you refuse to provide the required information;
you refuse to perform the actions necessary for the verification of the documents, information, and your identity; or
statutorily required by law.
3.8. If you have a Business Account, we may, in our sole discretion, conduct repeated Identification and Verification to the extent we deem necessary, including without limitation reception of your personal credit history or your business's credit history, in cases when you apply for certain new Services or at any other moment of time when Discover Everton reasonably believes your Business Account is exposed to a high level of risk.
3.9. A decision on opening a User Account is made by us after the conduction of the Identification and, if required, the Verification procedures on the basis of the documents and/or information provided by you, as well as the information we, in accordance with the present Agreement, have the right to collect independently. Discover Everton has the full right to refuse to open a User Account without giving an explanation.
3.10. After reception of a notification of the opening of your User Account from the System, you acquire the ability to use the Services available to your account type in accordance with the rules of the System (Discover Everton System).
3.11. After the opening of your User Account you may fill your Wallets by any of the means provided by the System.
5. Intellectual Property
5.1. You acknowledge that any and all rights to the intellectual property, including the right to the Discover Everton trademark, any other trademarks, names, authors' rights and other rights ("rights of IP") which are used or mentioned on the Website of Discover Everton, are and remain exclusive property of Discover Everton.
5.2. You do not have the right to copy, imitate or use the objects of intellectual property rights without prior written permission of the right holder. On top of that, all the page headings, non-standard graphic images, icons and signs (sets of symbols) are the service signs, the trademarks or the elements of the corporate identity of Discover Everton. You do not have the right to copy, imitate or use those without prior written permission of the right holder. You do not have the right to make changes to registration HTML-data, use those in a manner discrediting Discover Everton or the Services of Discover Everton, or display those in a manner impairing the financial condition or the public reputation of Discover Everton. All the rights, names and interests in or on the Website of Discover Everton, any content on that Website, the Services of Discover Everton, the technology related to the Services of Discover Everton, and any and all the technologies and the content created, or extracted from, any of the mentioned objects are exclusive property of Discover Everton and its licensors.
5.3. You promise that you will not try to change, hack, decompile, gain unauthorized access to or otherwise interfere in any of our programs, the mobile application or the Website of Discover Everton. You understand that we may immediately close your Account and undertake legal action against you if you breach, or we have reason to believe that you breached, this promise.
6. Personal Information and Communication
6.2. Any of your notifications, applications and messages to us (if those are not supported by the System's Interface) must be sent via the contact channels specified on the Website of Discover Everton.
6.3. We have the full right to not acknowledge any messages, applications or instructions given by you in the manner not compliant with clauses 6.1. and 6.2. of the present Agreement. You bear all the risks related to breach of the rules of accessing the System.
6.4. We and our providers acting under our instruction may contact you, as well, via automatic or previously recorded messages, on the phone number(s) you have provided us with and/or at the e-mail specified by you during the registration of the User Account. Such messages may relate to (a) the notifications addressed to you, (b) investigations or prevention of fraud, (c) debt collection. We agree to collect, use, and disclose the personal information provided by you, in accordance with personal data protection legislation. As such, we agree to not share you personal information (which includes your phone number(s)) with third parties, for their own purposes, without your consent, except for the providers with which we have entered into the agreements on the relevant maintenance of operation of the Services of Discover Everton.
Notwithstanding the above, we cannot guarantee the confidentiality of all data stored in the Discover Everton System, in the event where such data may be lost during transmission, or changed, or accessed by unauthorized third parties.
Such notifications are considered received by you on the day of the sending thereof.
6.5. Notification of any judicial proceedings or other documents in connection with your legal actions against Discover Everton must be sent by mail to the attention of the Managing Director to the postal address written on the Website of Discover Everton.
6.6. We may send you any messages or requirements by the tools implemented in the System's Interface and, as well, by mail or phone, fax, the Internet or with the use of other electronic means of communication, to any addresses we know.
7. User Conduct
7.1. You understand and agree that you will not perform the following actions:
A) Use the System for operation of any business regulated by local authorities, business of use of electronic money, for lending or credit activities, sales of traveler checks, provision of escrow services, servicing of sites of trade and exchange of virtual/cryptocurrencies;
B) Use the System for rewards payments for illegal or counterfeit products or services, including banned substances, counterfeit consumer goods / infringing merchandise, stolen property, substances not freely circulated and those being dangerous for consumers, illegal online gambling games and lotteries, financial pyramids, firearm and ammunition trade, any sorts of illegal income laundering, as well as any sorts of illegal activities;
C) Provide Discover Everton with false or inaccurate information, including attempts of identity fraud, for example, when specifying false information on the accounts or providing falsified documents, photographs or scans;
D) By means of deceit or misrepresentation, deprive us or other Users of Discover Everton of funds;
E) Carry out transactions to pay for debt collection services;
F) Carry out transactions to pay for sexual services;
G) Provide cash withdrawal services on the "white label" basis;
H) Provide the services of a casino or another gambling establishment;
I) Attempt to obtain or actually obtain a double profit for an errant payment from the recipient (for example, a seller), Discover Everton or your bank or another financial institution;
J) Conduct any activities which, as Discover Everton and its Partners believe, may incur a high level of the risks related to you, your User Account or any your action on the User Account; or
K) Otherwise breach the conditions of the present Agreement or the policies stated herein.
7.2. You understand that any your illegal actions or breaches of the Agreement may be a reason of a temporary or permanent blocking of your User Account, Wallets, as well as the Services.
7.3. You understand that any your illegal actions or breaches of the Agreement may, if required by the law, be a reason of our application for calling you to account, not excluding criminal liability.
8. Closing your account
8.1 Subject to the provisions of this section, you may cease our relationship with you, at any time and without punitive sanctions, by closing your User Account with the use of the tools of the System and the System's Interface.
8.2. After closing your User Account, we may cancel any incomplete transactions, unless statutorily required by law.
8.3. The cease of our relationship does not negatively impact the rights accrued by the moment of the cease of the relationship, legal remedies, obligations and liabilities of the parties, including the right to require indemnity for losses in event of any breach of the Agreement, which exists on the day the relationship ceases, or prior thereto. Any provisions of the present Agreement, which, directly or by implication, remain in effect after the cease of the relationship, remain in full effect.
9.1. You bear the responsibility for ensuring adequate security and management of passwords, personal identification numbers (PIN) and any other codes which you use to access the Services of Discover Everton. You bear the responsibility for all the instructions given to us online at any place and at any moment when, for accessing your User Account, the correct password is entered, and grant us the power to follow those instructions. PIN codes and passwords are considered equivalents of the User's personal handwritten signature. Discover Everton bears no responsibility for any loss or damage incurred by our trust in your oral or electronic instructions given to us with the use of your Password.
9.2. If you suspect that your password has become known to a third party, you must notify us immediately, whereby you agree to cooperate with us in terms of any further investigation. Before you notify us, you continue to bear the responsibility for all the transactions carried out with the use of your password. In addition to the Passwords, you may require the undertaking of other security measures which we may implement to ensure the security of your information.
9.3. Discover Everton does not store the Passwords; however, you agree to the storing of a hashed password by us.
See more detailed information onhttps://en.wikipedia.org/wiki/Cryptographic_hash_function
9.4. You agree to use reliable means of ensuring security when gaining access and carrying out electronic transactions. This will include logging out and closing any online services of electronic transactions upon the completion of the transactions, regardless of the means of accessing the System. You agree to undertake any measures of ensuring security, which we may recommend at the relevant/given moment of time, in relation to the requirements of the encryption technology, scanning for viruses, software, access protection systems, anti-spy programs, cyber-security measures and similar means of protection, to ensure the security of any electronic operating activity.
9.5. Personal and confidential information, such as your personal key, is stored on a server, in the form encrypted with help of special tools. The encryption and decryption are conducted with use of the key extracted from your password.
9.6. Any network connection to the servers of Discover Everton is protected by Transport Layer Security (TLS) protocol.
9.7. Discover Everton carries out the master backup of the records of the right of ownership. The records related to you and your User Account will be changed only after the compliance with your effective instructions, in accordance with the conditions of the present Agreement.
9.8. Discover Everton guarantees that at least two storage sites placed distantly from each other receive the backups of the entire database of Discover Everton.
9.9. If you receive an e-mail message, an SMS message, a phone call or an appeal to you in any other form, from anyone claiming to be Discover Everton, its representative or another company of the group, or such containing a request for confidential information (phishing), you shall be obliged to not provide any information or data in response and immediately contact the Client Service of Discover Everton. You must not click on any links in unusual e-mail messages or download any attachments from such sources.
9.10. Discover Everton never requests you to provide your password in an e-mail message or on the phone. In event of reception of such messages and appeals, you must immediately contact us and inform us of such facts.
10. Fraud prevention
10.1. If we suspect that fraudulent activity is being conducted on your User Account, you acknowledge that for the purpose of protecting you we have the right to temporarily suspend your User Account in order to prevent further or continuing the unauthorised activity. In such a case you may receive an e-mail notification from Discover Everton.
10.2. If you yourself suspect any fraud, you shall immediately notify the Client Service of Discover Everton, so that Discover Everton is able to conduct an investigation and attempt to solve the problem.
11. Disputes with Discover Everton
11.1. Our goal is to address every dispute and disagreement through prompt and amicable means. In event if the arising of such dispute between you and Discover Everton, the party requesting settlement of the dispute shall issue a notice ("Dispute Notice") to the representative of each party, specifying the matter and suggested means of remedying the dispute.
11.2. The parties agree that the fact of the arbitration proceeding or the civil legal proceeding, the content of the claim and the result thereof shall remain confidential, to the extent allowed by Malaysian law or other applicable law and statutory acts.
11.4. The parties agree that the User waives his right to join representative (group) claims.
11.5. Notwithstanding any dispute set out in this clause, the parties shall continue to perform their obligations under this Agreement.
12. Limitation of liability and Indemnification
12.1. Nothing in this Agreement restricts or excludes the liability of Discover Everton in event of death, injury, fraud or intentional falsification of facts.
12.2. Subject to the above mentioned, we (including, for greater certainty, our parent and affiliated companies) and the officers, directors, agents, employees and suppliers of Discover Everton (including, for greater certainty, the abovementioned categories of entities in our parent and affiliated companies) shall in no event be liable for any loss of profit or special, incidental, indirect or secondary or punitive damages (including without limitation the losses resulting from loss of data or loss of business) incurred due to, or in connection with, our website, the Services or the present Agreement (if any, including negligence), if, and to the extent, permitted by law.
12.3 The liability of us (including, for greater certainty, our parent and affiliated companies) and our (or, respectively, their) officers, directors, agents, employees and suppliers to you or any other third party is restricted by the actual amount of the direct damage. On top of that, to the extent allowed by the applicable law, Discover Everton, including, for greater certainty, our parent and affiliated companies, and our (or, respectively, their) officers, directors, agents, employees and suppliers shall not be liable, and you agree to not hold the abovementioned categories of entities liable, for any losses or damages (including without limitation losses of funds, damages of reputation and financial damages incurred thereby, losses of profit or other non-material losses or any special, indirect of secondary damages), directly or indirectly conditioned by:
(a) your use or inability to use the Website or the Services of Discover Everton;
(b) delays or interruptions of the operation of the Website or the Services of Discover Everton;
(c) viruses or other malware transmitted as a result of accessing the Website or the Services of Discover Everton or any other website or services accessed via the link on the Website or a Service of Discover Everton;
(d) short-term failures, hardware or software errors or imprecisions of any sort, on the Website or in the Services of Discover Everton, or in the data or graphic images received from those;
(e) content, actions or failure to act of third parties;
(f) suspension, or another action taken in relation to your User Account;
(g) any loss resulting from the risks characteristic of online trade, including latent defects of hardware and software, losses of data, delays, denials, errors, omissions and loss of the transmitted information or instructions, power interruptions, interruptions of the Internet availability, hackers; attacks, DoS attacks, viruses or other damaging or destructive factors;
(h) any levies, fees, taxes or losses resulting from a stealing or any other loss of funds after the transfer thereof from the bank account of Discover Everton according to your instruction;
(i) any losses resulting from the fact of that the information transmitted on the Internet may not be entirely protected, and the Internet and the relevant online systems may not function continuously. We shall not be liable for any losses or damages you may suffer if a third party accesses your confidential information transmitted on the Internet, or you are temporarily unable to monitor your balance in Discover Everton System;
(j) your need to change the methods, content or conduct, or your loss of the ability to operate the business as a result of a change to the present Agreement or the policy of Discover Everton.
Discover Everton retains the right to change its policy and the present Agreement at any time, in accordance with the terms of the Present Agreement.
12.4. Discover Everton shall not be deemed to be breaching this Agreement or otherwise liable for any losses or damages incurred or suffered as a result of a delay in fulfilment of or a failure to fulfill any obligations under the present Agreement (and, if important, the term of the fulfilment is respectively extended), in case, and to the extent, of the conditioning of such a delay of fulfilment or failure to fulfill by force majeure circumstances or your serious mistake or an intentional breach by you, including any refusal to keep your Password secret, and any refusal to abide by the conditions of the present Agreement or follow the relevant policy.
12.5. Discover Everton, our employees, and suppliers ensure the operation of the Services of Discover Everton "as is" without any warranties or conditions, obvious, implied or statutorily required. Discover Everton and our employees hereby expressly state their disclaiming of any implied warranties in relation to the right of ownership, commercial applicability, the applicability to the use for certain purposes and the absence of authors' rights infringement.
12.8. Neither party shall be deemed breaching the present Agreement or held liable for a delay of the fulfilment of failure to fulfill any of its obligations under the present Agreement if such a delay or failure occurred as a result of the events, circumstances or reasons which are beyond the reasonable control. In such circumstances, the affected party has the right to a commensurate extension of the term of the fulfilment of the obligation.
12.9. In event of a disturbance of the market balance, market volatility, a hacking of the systems (including the systems of third parties, which Discover Everton relies on) and market disruption, Discover Everton shall retain the right to correct the instruction, if the currency rate received from Discover Everton's data source appears to be false. Discover Everton will inform you of the necessity of correcting the instruction because of the incorrect market data, and you will be able to cancel your instruction if you do not want to trade at the corrected market rate.
12.10. Notwithstanding the above, you agree to indemnify and hold harmless Discover Everton (including its directors, officers or employees) from any and all claims, actions, demands, proceedings, liabilities, or judgements, and against all losses, taxes, expenses, costs, legal fees, and liabilities (present, future, contingent, or otherwise on an indemnity basis), which may be suffered or incurred by Discover Everton (including its directors, officers, or employees) as a result or in connection with a breach of this Agreement in connection with the Services.
13.1. This Agreement, and any dispute or claim arising out of or in connection with it, or subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in accordance with Malaysia law. You agree to submit to the non-exclusive jurisdiction of the courts of Malaysia for the purpose of any legal action, action examinations, and judicial proceedings, in connection with this Agreement or your use of the Website or the Services of Discover Everton.
13.2. Our inaction in event of breach of the present Agreement by you or third parties does not mean our refusal of the right to act in event of subsequent or similar breaches.
13.3. You bear the responsibility for the timely updating of any information provided by you, including without limitation the information on your e-mail and mail addresses, phone number, and other information. You will bear all the adverse consequences related to your failure to fulfill the obligations to provide information on any changes.
13.4. You understand and agree that you do not have the right to hold several User Accounts, except when, in accordance with the System's rules, it is permitted to simultaneously hold one Personal Account and one Business Account, but not more than one per each body corporate.
13.5. You agree to protect, compensate the losses to and hold Discover Everton, its officers, directors and employees harmless from the liability for any claims and lawsuits (including payment for an attorney's services) made or filed by any other party for a reason, or as a result, of your breach of the present Agreement and/or your use of the Services of Discover Everton.
13.6. In case you enter in a dispute with one or several users, you hold Discover Everton (and our officers, directors, agents and employees) free from the liability for any claims, lawsuits, and losses (actual and indirect) of any sort and nature, resulting from, or connected with, such disputes.
13.7. In the event of a User's death or loss of capacity to contract, we will request instructions in relation to the User Account from their executor of will or trustee after we are provided with proof of the power of such an executor of will or trustee/property administrator, and the documents which we require.
13.8. You are responsible for the payment of all the local taxes, fees and levies which are imposed, or may be imposed, on sending and reception of funds, and any relevant commissions.
13.9. You agree to abide by all the relevant laws of any state which you are a citizen, resident or subject of, and any region which you are a resident of at the given moment of time, and any other region from which you access the Website of Discover Everton.
13.10. Discover Everton may at any moment assign, transfer, charge, subcontract or otherwise transfer the ownership of all, or a part, of its rights under the present Agreement, and may subcontract or delegate, in any manner, all, or any, of its obligations under the present Agreement to any third party or agent. You do not have the right to assign, transfer, charge, subcontract or otherwise transfer ownership of all or any of your rights or obligations under the present Agreement without written consent of Discover Everton.
13.11. Unless otherwise allowed by the rules and the procedures of the System, you do not have the right to provide any third party with the right to use your User Account or the Services on your behalf, or the right to access any information on your Account. You also understand that you are solely responsible for any your actions performed in breach of this prohibition, as well as for any actions performed by the third parties that you provided with the ability to use your Account or the Services. Furthermore, you understand and agree that you hold Discover Everton free from any responsibility and relieve us from any obligations which may arise as a result of actions or inactivity of that third party in connection with the permission which you have granted. We have the full right to block your account or cease our relationship in even of your breach of the prohibition imposed by this item of the Agreement.
13.12. This Agreement, along with any applicable policies and agreements on the "Legal Agreements" or "Terms of Service" or "Privacy" pages of the Website of Discover Everton, does reflect the full range of arrangements between you and Discover Everton in relation to the Services.
13.13. If any provision (or part of any provision) of this Agreement shall, for any reason, be held by a court or any other competent authority to be invalid, illegal, or unenforceable, that provision, to the extent required, shall be deemed deleted and the remaining provisions shall remain effective and enforceable.
13.14. An entity not being a party to this Agreement does not have any rights under the present Agreement or in connection therewith.
13.15. Except as otherwise expressly provided for in this Agreement, nothing in this Agreement is intended to or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
13.16. Although Discover Everton may be accessed from all around the world, not all the functions, products and Services which are described, mentioned, provided or offered on the Website of Discover Everton, or with help thereof, are available to all the entities at all locations. Discover Everton retains the right to, in its sole discretion, restrict the access to, and the amount of, any function, product or service to any entity or location. Any offer of any function, product or service published on the Website of Discover Everton is canceled at a location where it is prohibited. If you want to access the Website of Discover Everton outside of Malaysia, you do it at your own initiative and bear the sole responsibility for abiding by the applicable local laws.
13.22. The parties of this Agreement agree that the present Agreement and any accompanying documents shall be written in the English language.
13.23. Notwithstanding any other provisions of the present Agreement, any translation of the present Agreement is provided solely for your convenience. The meanings of the terms, the conditions and the claims in the text of the present Agreement correspond to the definitions and the interpretation thereof in the English language. Any provided translation may inaccurately interpret the original information in the English language.