Terms and Conditions

Terms Of Use

1. Introduction

   1. MyInspector Malaysia Sdn. Bhd. (Registration No.: 202501034106 (1635516-D)) (hereinafter “we”, “us” or “our”), is the owner and operator of the platform known as “MyInspector”, accessible via the website with the domain name https://myinspector.com (hereinafter “Platform”). The terms “you”, “your” and “user(s)” refers to any individual or entity accessing and/or using the Platform and/or the Services (as defined below). These Terms of Use outlines the terms and conditions which govern your use of the Platform and Services.
   2. The access to and use of the Platform and/or Services are subject to these Terms of Use, the Privacy Policy, and any additional terms applicable to our Services that made available on the Platform from time to time (collectively, the “Terms”). Before using the Platform and/or the Services, you must carefully read the Terms. By using the Platform and/or the Services, you agree to be bound by and comply with the Terms. Furthermore, you acknowledge and accept all inherent risks associated with accessing, conducting, receiving and/or performing any Services and/or any transaction via the Platform. If you do not agree to these or any future Terms, please do not use or access (or continue to use or access) the Platform and/or Services.
   3. These Terms of Use shall be read in conjunction with the applicable terms and conditions governing the relevant Services. In the event of conflict between these Terms of Use and the terms and conditions of such Service, the latter shall prevail. However, these Terms of Use shall prevail to the extent that the conflict relates to your access and use of the Platform and/or Services.
   4. We reserve the right to update and amend the Terms at any time at our sole discretion, with the amended Terms becoming effective immediately upon upload to the Platform, and users shall be responsible for regularly reviewing the updated Terms. By continuing to use the Platform, you shall be considered to have expressed your acceptance of any and all amendments made to the Terms.
   5. We reserve the right to suspend, limit or terminate your use and access of the Platform and/or Services and/or to cancel your account at any time without further notice and for any reason whatsoever.

2. Definition

   1. The following terms shall have the following respective meanings: -

      “Applicable Laws” means with respect to any person, any and all applicable constitutions, treaties, statutes, laws, by-laws, regulations, ordinances, codes, rules, rulings, judgments, rules of common law, orders, decrees, awards, injunctions or any form of decisions, determinations or requirements of or made or issued by, governmental, statutory, regulatory, administrative, supervisory or judicial authorities or bodies (including without limitation, any relevant stock exchange or securities council) or any court, arbitrator or tribunal with competent jurisdiction and to which such person is subject; “Application” means the application for Services submitted by the users through the Platform; “Business Day” means a day on which banks are open for business in Kuala Lumpur (other than a Saturday or Sunday or gazetted public holidays); “CF” means the certificate of fitness issued pursuant to OSHA; “Confidential Information” means all financial, business and technical or other data and all other confidentialinformation (whether written, oral or in electronic form or on magnetic or other media) concerning the business of a disclosing party that a receiving party receives or accesses as a result of any discussions or dealings under the Terms; “Force Majeure” means any event or circumstance beyond our reasonable control affecting the performance of its obligations hereunder including, but not limited to, acts of God, riots or civil disorder, war or military operations, national or local emergency, acts or omissions of government, industrial disputes of any kind (not involving the affected party's own employees), fire, flood, lightning, explosion, subsidence, inclement weather, epidemic, pandemic, outbreak of disease and acts or omissions of persons or bodies beyond our reasonable control; “Initial Inspection” means the inspection to obtain a CF under Section 27D of the OSHA; “Inspection(s)” means the Initial Inspection and/or the Periodical Inspection; “Inspection Report” means the report detailing the assessed condition of the Plant(s) at the time of Inspection; “OSHA” means to the Occupational Safety and Health Act 1994, including all subsidiary legislations and regulations enacted under it, as amended from time to time and any re-enactment thereof; “Periodical Inspection” means the periodical Inspection under Section 27E of the OSHA; “Plant(s)” means the plant(s) requiring CF as prescribed under the OSHA; “Privacy Policy” means our policies relating to the collection, use, disclosure, and management of personal data on the Platform, which is available at https://myinspector.com/en/privacy; “Services” means the provision of services related to Inspections, including Inspection and any additional products and services offered on the Platform from time to time; and “Service Date” means the date selected by the user for the Inspection during the Application, which has been subsequently confirmed by us, or any alternative date subsequently determined and notified by us pursuant to Clause 6.7.
   2. Unless the context otherwise requires: -

      1. words denoting the singular shall include the plural and vice versa;
      2. words denoting any one gender shall include all genders;
      3. headings and underlining are for convenience only and shall not be deemed to affect the interpretation of the Terms;
      4. any reference to “person” includes individual, partnership, company or corporation;
      5. any reference to a date or time is a reference to that date or time in Malaysia; and
      6. no rule of construction shall apply to the detriment of a party by reason of that party having control and/or was responsible for the preparation of the Terms or any part thereof.

3. Eligibility

   1. You shall only be eligible to register on, access, or use the Platform if: -

      1. in the case of an individual user, you have attained at least eighteen (18) years of age and are of sound mind; and
      2. in the case of a corporate user, you are a legal entity that duly incorporated in accordance with the laws of the place of incorporation, and have full power, authority and legal right to access and use the Platform.
   2. By accessing to the Platform, you hereby represent and warrant that you have met the eligibility set out in Clause 3.1 and you further agree to abide by all Terms.

4. Account and Security

   1. You are required to register an account on the Platform in order to gain access to the use of any Services, information and functions at the Platform that we may provide from time to time and in our sole discretion. In this regard, you are responsible for providing accurate, current and complete information about yourself or your entity. If you are providing information on behalf of another individual or entity, you warrant and represent that you have obtained the individual’s consent and authorisation for them to be bound by these Terms of Use.
   2. Your access to or use the Platform is conditional upon your agreement that you will comply with the Terms, including to provide accurate information when registering an account with us. We shall have the absolute discretion to reject or approve the registration of account, or suspend or terminate your account.
   3. You are solely responsible for maintaining the confidentiality of your account information, including keeping your account password secure, and for all activity that occurs under your account. You must notify us immediately should there be any breach of security or unauthorised use of your account. We are not responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this clause.
   4. The information provided on the Platform may contain technical inaccuracies or typographical errors. Such information may be changed or updated at any time without prior notice. We reserve the right to make improvements, modifications and/or changes to the Platform, without prior notice to you.
   5. The Platform may not be accessible to all devices that connect to the internet. You are solely responsibility for ensuring that your end-user equipment and software meet the necessary requirements to access the Platform, and you assume all risk associated therewith.
   6. We further reserve our right to limit, restrict or prohibit your access to and use of the Platform and/or the Services at our sole discretion, and we shall not be liable for such limitation or prohibition imposed on your access or use.

5. Prohibited Activities

   1. By accessing the Platform, you agree not to engage in any of the following activities (collectively referred to as “Prohibited Activities”): -

      1. breach any of the Terms, policies or any other agreements entered with us;
      2. use the Platform for any illegal or unauthorised purpose;
      3. violate any Applicable Laws, including any statute and/or regulation of any applicable jurisdiction;
      4. conduct fraudulent, criminal or unlawful acts on the Platform;
      5. share or disclose with anyone any information or documents that are of confidential nature obtained through the Platform;
      6. impersonate any other person or body or misrepresent a relationship with any person or body or adopt a false identity for the purpose of misleading, deceiving, or defrauding another;
      7. infringe or breach any of our patent, trademark, copyright, trade secret or other intellectual or proprietary rights;
      8. upload, post, publish, email, transmit or otherwise make available through the Platform any false, inaccurate, inappropriate, misleading, defamatory, discriminatory, infringing, obscene, offensive, unlawful, threatening, harassing, pornographic, or otherwise illegal contents, comments or materials;
      9. upload, post, publish, email, transmit or otherwise make available through the Platform any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law or the Terms;
      10. upload, post, publish, email, transmit or otherwise make available through the Platform any content that infringes any patent, trademark, copyright, trade secret or other intellectual or proprietary right of any person, unless the user is the owner of such rights or have the permission of the owner to post such content;
      11. make available to any third party any content that falsely expresses or implies that such content is related to, sponsored by, or endorsed by us, its affiliates, or any third parties;
      12. make available to any third party any information obtained from the Platform;
      13. use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (collectively referred to as “Automated Tools”), to access, acquire, copy or monitor any portion of the Platform;
      14. use any Automated Tools to re-sell, use, copy, monitor, display, download or reproduce any content or information, software, products or services available on the Platform for any commercial or competitive activity or purpose;
      15. use the Platform in any manner that could damage, disable, overburden, or impair the functionality of the Platform, or interfere with other users’ access to and use of the Platform, including through the transmission of viruses, worms, defects, trojan horses, malware, or any items of a contaminating or destructive nature;
      16. attempt to gain unauthorised access to any portion or feature of the Platform, any associated websites, accounts, computer systems, or networks connected to the Platform through hacking, password mining, or any other unlawful means;
      17. misrepresent the origin of any content transmitted through the Platform or engage in activities designed to manipulate or distort user reviews, feedback, or ratings;
      18. engage in or attempt to engage in corrupt activities (directly or indirectly) involving Inspections; and
      19. use the Platform to make speculative, false, or fraudulent queries or reservations for Inspections, or to make reservations for Inspections in anticipation of demand.
   2. We reserve the right to terminate or suspend your account and/or remove any content or information that you have posted on the Platform and/or restrict your access to the Services and/or use of the Platform and/or take any such measures or actions that we may, at our sole and absolute discretion, deem necessary without prior notice to you, if we have reasonable ground to believe that you have breached, or are suspected of breaching any of the above Prohibited Activities.

6. Services

   1. All Applications shall be submitted through the Platform.
   2. You shall provide complete and accurate information, along with all required documentation as specified in your Application. By submitting an Application, you acknowledge and agree that: -

      1. Any inaccuracies, omissions, or failure to provide the required information or documentation, whether due to oversight, error, or intentional misrepresentation, may result in delays in processing the Application, additional charges, or outright rejection of the Application. You understand and agree that such delays may affect the scheduled Service Date and may incur additional costs related to rescheduling or administrative processing; and
      2. We shall not be liable for any such delays, charges or rejections arising from your failure to comply with the information and documentation requirements outlined in the Application. You further agree to indemnify and hold us harmless from any claims, damages, or losses resulting from such issues.
   3. An Application shall be deemed confirmed only upon the issuance of a confirmation email from us, specifying the Service Date.
   4. All relevant individuals are required to be present at the designated location on the Service Date. Attendees are advised to arrive at least 20 minutes prior to the scheduled time. Failure to attend on the Service Date will result in the automatic cancellation of the scheduled Service, and no refunds shall be provided.
   5. Once the Application has been successfully submitted to the Platform, users are not permitted to cancel the Inspection. However, users may request to reschedule the Inspection to an alternative date, subject to the following conditions and at our sole discretion: -

      1. rescheduling is limited to the same Plant and the same service type as originally applied;
      2. rescheduling requests must be made at least seven (7) days before the Service Date;
      3. rescheduling is permitted only once (1) per Application and is subject to the availability of our inspectors; and
      4. rescheduling may incur additional charges, as determined by the OSHA or us (whichever is applicable).
   6. We reserve the right to reschedule any Service Date at our sole discretion, without the need to affording any reason for such rescheduling. In such cases, the user will be notified of the revised Service Date.

7. Payment

   1. The terms and conditions governing payment are set out in the Payment Terms, available at https://myinspector.com/en/payment-terms

8. Termination/ Access Restriction

   1. Without limiting any other provisions herein, we reserve the right to cancel, withdraw, terminate or suspend your access to the Services and your use of the Platform, in whole or in part, at any time and for any reason whatsoever, at our sole discretion and without notice to you.
   2. You may terminate and close your account by emailing us or by contacting us in accordance with Clause 18 below. You shall provide the email address associated with your account and clearly state your intention to terminate your account.
   3. In addition to any termination rights we may have under these Terms, we may, at out sole discretion, suspend and/or terminate your account and access to the Platform and/or the Services if:

      1. we have reasonable grounds to believe that there is fraudulent use of your account;
      2. your account has been dormant for a period of fifteen (15) months or longer;
      3. you violate these Terms or any Applicable Law related to the use of the Platform and/or Services;
      4. any law, regulation, or governmental action renders all or any portion of the Platform and/or the Services unlawful or impracticable;
      5. your use of your account impairs or threatens to impair the integrity or functionality of the Platform and/or the Services in any manner;
      6. you have committed any of the Prohibited Activities;
      7. you become, threaten or resolve to become or are in jeopardy of becoming subject to any form of insolvency administration or bankruptcy;
      8. in our opinion, it is in the public interest to suspend or terminate your access to the Platform and/or the Services;
      9. in our opinion, such termination, suspension or restriction is required to facilitate investigation into matters pertaining to suspected fraudulent and/or unauthorised (i) usage of Services, and/or (ii) access to Platforms;
      10. we receive a notification or request from relevant authorities to terminate, suspend and/or restrict your access to Services regardless of whether the relevant authorities have the legal or valid authority to request us to do so; or
      11. if we believe that you have violated or acted inconsistently with the Terms or any other agreements entered into between you and us.
   4. You acknowledge and agree that if you deactivate your account or if we suspend or terminate your account, you will lose any information associated with your account. Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
   5. You further acknowledge and agree that we shall not be liable to you or any third party for any termination of your access to the Platform and/or Services. By accepting these Terms, you hereby release us from any and all liability arising from such termination.

9. Data Protection

   1. Before using this Platform and/or Services, you must read and consent to the processing of your personal data as described in the Privacy Policy. For a complete description of how we use and protect your personal data, you may refer to the Privacy Policy which can be found at https://myinspector.com/en/privacy.
   2. By continuing to access the Platform and using the Services, you are deemed to have accepted the terms of the Privacy Policy. Please do not use our Services or the Platform if you object to your personal data being used in the ways described in the Privacy Policy.

10. Confidentiality

    1. By accessing the Platform, you hereby agree and undertake to preserve and maintain in confidence all Confidential Information received from the Platform.
    2. The foregoing obligations shall not apply to any Confidential Information which:

       1. is or becomes generally available to the public through no action by the receiving party or its representatives in violation of the Terms;
       2. was known to the receiving party or becomes available to the receiving party, on a non-confidential basis, from a source other than the disclosing party which is not known to the receiving party to be prohibited from disclosing such information by a contractual or legal obligation of confidentiality;
       3. is disclosed with the disclosing party’s prior written consent;
       4. is independently developed by personnel having no access to the Confidential Information or otherwise independently obtained by the receiving party; and
       5. is required to be disclosed by law, court order, government directive or guidelines or where otherwise so required by any relevant authorities provided that the receiving party promptly notifies the disclosing party in writing of such demand for disclosure so that the disclosing party may seek to make such disclosure subject to a protective order or other appropriate remedy to preserve the confidentiality of the Confidential Information.
    3. The rights and obligations under this clause shall survive the expiration or termination of the Terms.

11. Indemnity

    1. You agree to defend, indemnify (and keep indemnified) and hold us and our affiliates, agents, directors, officers, employees, successors and/or assignees, harmless from and against any claims, liabilities, damages, costs, judgments, losses or expenses (including reasonable legal fees on a full indemnity basis), arising out of or in connection with:

       1. your violation or breach of any terms, conditions, representations and warranties of the Terms or any Applicable Laws, including any local laws or ordinances, whether or not referenced herein;
       2. our enforcement or attempt to enforce the obligations of the user, other than where any such claim, liabilities, damages, costs, judgments losses or expenses arises solely as a result of our negligence;
       3. your use of the Platform, including but not limited to any content or information you provide to us, and our use of such content, provided such use is in compliance with the Terms; and/or
       4. any information or material posted or transmitted through your account, including any such material not posted directly by you, but attributed to your account.
    2. Notwithstanding anything contained herein, it is agreed that neither party shall be liable to the other party for any loss of profit, goodwill, business opportunity, and anticipated savings or for any indirect, special or consequential loss or damage suffered or flowing from the Terms, even if reasonably contemplated or if such other party has been advised of the possibility of such loss or damage.
    3. The rights and obligations under this clause shall survive the expiration or termination of the Terms.

12. Disclaimer

    1. Upon the completion of the Inspection, an Inspection Report and/or a CF will be issued. The Inspection Report and/or CF will only reflect the condition of the Plant as assessed at the time of the Inspection. The user acknowledges and agrees that the condition of the Plant is subject to any changes after Inspection due to factors including, but not limited to, physical damage, modifications, poor maintenance, inadequate repairs, normal wear and tear, or other unforeseen circumstances. We shall bear no liability or responsibility for any changes in the condition of the Plant that may occur after the completion of the Inspection, nor for any consequences resulting from such changes.
    2. The Inspection conducted by us is strictly limited to an evaluation of the operational worthiness of the Plant for the declared safe working load, pressure, or other applicable operational parameters, in accordance with OSHA. We will not disassemble or remove any parts of the Plant during the Inspection. The Inspection does not constitute a comprehensive examination or testing of internal components or mechanical parts of the Plant, which may require further evaluation by an authorised mechanic or a qualified competent person.

13. Limitation Of Liability

    1. We assume no responsibility for any errors, inaccuracies or omissions whatsoever in the information on the Platform and under no circumstances will we be liable for any loss or damage by your reliance on information obtained through the Platform. It shall be your responsibility to evaluate the accuracy, completeness and usefulness of any information and provided. Your access to and use of the Platform is solely at your own risk.
    2. In no event shall we, our affiliates, directors, trustees, officers, employees, agent or representative be liable for any claim, incidental, indirect, punitive, consequential or similar damages, liabilities or whatsoever, including but not limited to damages for loss of data or exposure of data, information, revenue, goodwill, opportunity, profits or other business or financial benefit, to users or any third party claim under users, whether based on contract, tort, breach of statutory duty or otherwise, arising out of or in connection with us or the Terms.
    3. In derogation to all other terms and conditions of the Terms, in the event that we shall be adjudicated to be liable to users, our aggregate liability to users arising out of or in connection with the Terms for any matter whatsoever is limited to such amounts of fee that we received from users.

14. Force Majeure

    1. We shall not be liable to you or be deemed to be in breach of any provisions of the Terms or any agreements entered with you by reason of any delay or failure in performing our obligations thereunder, if the delay or failure arises from a Force Majeure event.
    2. In the event of a Force Majeure, our affected obligations hereunder shall be suspended for the duration of the Force Majeure event, and we shall be granted an extension of time to fulfil our obligations equal to the period of suspension or delay caused by the Force Majeure event.
    3. Notwithstanding the above, your obligation to pay any amounts due under these Terms or any related agreement shall not be affected or suspended as a result of a Force Majeure event.

15. Intellectual Property Rights

    1. You acknowledge and agree that the Platform and its entire contents, features and functionality, including but not limited to all information, trademarks, service marks, software, HTML code, text, displays, images, video and audio, and the design, selection and arrangement thereof (collectively referred to as “Materials”), are owned by us, our licensors or other providers of the Materials. These Materials are protected by applicable copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, both domestic and international.
    2. You further agree that the Materials may not be copied, modified, framed, reproduced, sold, published, transmitted, downloaded or distributed in any way, in whole or in part, without the express prior written permission of us, unless and except as is expressly provided in the Terms. Any unauthorised use of the Materials constitutes a violation of our intellectual property rights and may result in legal action, including but not limited to claims for damages, injunctive relief, and other legal remedies available under Applicable Laws.

16. Third Party Links

    1. The Platform may contain links to third-party websites and services for the convenience of the users. We are not responsible for, nor do we control, the content, products, or services provided by any linked third-party websites. We do not endorse or guarantee the products, information, services, or recommendations provided by linked websites and are not liable for any failure of products or services advertised on those websites.
    2. By visiting these third-party websites, users are subject to the terms posted by those third-party websites, including any privacy policy. Users’ access, use and reliance upon such content, products or services are at their own risk.

17. Updates To The Platform

    1. We may from time to time provide enhancements or improvements to the features/ functionality of the Platform, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of the Platform.
    2. You agree that we have no obligation to (a) provide any Updates, or (b) continue to provide or enable any particular features and/or functionalities of the Platform to you. You further agree that all Updates will be deemed to constitute an integral part of the Platform, and subject to the Terms.

18. Notices

    1. Unless specified otherwise in the Term or by us, all notices, demands or other communications required or permitted to be given or made hereunder shall be in writing and may be delivered personally or sent by prepaid registered post (by air-mail if to or from an overseas address) with recorded delivery, or by electronic mail addressed to the intended recipient thereof at its address or electronic mail address set out in the Terms (or such other address or electronic mail address as a party to the Terms may from time to time duly notify the others in writing).
    2. Any notices, demands or other communications to you will be sent to the address and/or email address you provided during your registration or to any other address you may specify in writing. It is your responsibility to ensure that your contact information is current and accurate.
    3. Any notices to us shall be sent to its address set out below: -

       MyInspector Malaysia Sdn. Bhd.

       Office Address : Lot 1-10-1, Menara Bangkok Bank, Jalan Ampang, Laman Sentral Berjaya, 50450 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur
    4. Any such notice, demand or communication shall be deemed to have been duly served if:

       1. by delivery in person, when delivered to the addressee; or
       2. by A.R. registered post, five (5) Business Days from the date of postage; or
       3. by courier service, at the time of the addressee’s receipt; or
       4. by electronic mail, at the time of transmission as shown on the date stamp of the electronic mail,

       but if delivery or receipt is on a day which is not a Business Day or is after 5.00 pm at the place of delivery or receipt, it is deemed received at 9.00 am on the next Business Day.

19. Miscellaneous

    1. Entire Agreement. The Terms constitutes the entire agreement between the parties concerning its subject matter.
    2. Severability. If at any time any provision of the Terms is or becomes illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of the Terms shall not be affected or impaired thereby.
    3. No Assignment. The Terms will inure to the benefit of us, our successors and assigns and may be transferred by us to any party without the user’s prior approval upon notice to user. The Terms are personal to users and it shall not, without the prior written consent in writing of us, assign, novate or otherwise deal with the whole or any part of the Terms or its rights or obligations hereunder.
    4. No Waiver. A delay or failure by us to exercise any right or remedy pursuant to the Terms shall not be deemed a waiver of any such right or remedy, nor shall it constitute a waiver of any other right or remedy available. A waiver of any particular breach shall not constitute a waiver of any other breach. All rights and remedies under the Terms are cumulative and the exercise of one right or remedy will not limit the exercise of any other right or remedy.
    5. No Partnership. The Terms shall not be construed so as to create a partnership or joint venture between you and us. Nothing in the Terms shall be construed so as to constitute an agency relationship between you and us.
    6. Governing Law and Jurisdiction. The Terms are governed by and construed in accordance with the laws of Malaysia. Any controversy, claim or dispute arising out of or relating to these Terms shall be referred to and finally settled in the courts of Malaysia.
    7. Language: These Terms of Use are provided in both English and Bahasa Malaysia. In the event of any discrepancies or inconsistencies between the two versions, the English version shall prevail to the extent of inconsistency.

PAYMENT TERMS

1. Introduction

   1. These Payment Terms (“Payment Terms”) outlines the terms and conditions governing payments and serves as a supplement to the Terms of Use at https://myinspector.com, specifically addressing payment-related provisions. If there is a conflict between the provisions of these Payment Terms and the provisions of the Terms of Use, the provision of these Payment Terms shall prevail to the extent of such conflict. Unless otherwise expressly provided herein, the capitalized terms shall have the same meaning as set forth in the Terms of Use.
   2. These Payment Terms constitute a legally binding agreement between you and MyInspector Malaysia Sdn. Bhd. (Registration No. 202501034106 (1635516-D)) (hereinafter referred to as we”, “us” or “our”). The terms “you”, “your” and “user(s)” refers to any individual or entity that accesses, uses or engages with our Platform and/or Services. By accessing or using an account on the Platform, you acknowledge and agree to comply with and be bound by the terms and conditions set forth in this Term.
   3. We reserve the right to update and amend these Payment Terms at any time at our sole discretion, with the amended Payment Terms becoming effective immediately upon upload to the Platform, and you shall be responsible for regularly reviewing the updated Payment Terms. By continuing to use the Platform, you shall be considered to have expressed your acceptance of any and all amendments made to the Payment Terms.

2. Services Fees and Payment Obligations

   1. All service fees applicable to the Services provided by us are set out in the checkout page of your Application. Unless expressly stated otherwise, all service fees are exclusive of any applicable taxes, duties or levies, which shall be charged separately and shall be borne by you in addition to the total amount payable for the Services requested.
   2. The service fees applicable to the Inspections are determined in accordance with the Applicable Laws, and are final, conclusive and non-negotiable. By submitting an Application for the Inspections through the Platform, you expressly acknowledge and agree that you are legally obligated to pay the full service fees as stipulated under the Applicable Laws, in accordance with the payment instructions provided on the Platform, and you undertake to make such payment promptly, without any set-off, withholding, or deduction.
   3. For Initial Inspection, you acknowledge and agree that: -

      1. Full payment shall be made to us upon completion of the Initial Inspection and before the issuance of CF and/or Inspection Report. You are legally obliged to make payment for Initial Inspection promptly on the Platform in accordance with the payment instructions provided thereon, regardless of the outcome of the Initial Inspection;
      2. In the event of non-payment or delay in payment, we reserve the right to withhold the issuance of the CF and/or Inspection Report. No further or additional Services shall be rendered until the outstanding payment is fully settled;
      3. Upon payment, the CF shall be issued and released if the results of the Initial Inspection are deemed satisfactory at our sole discretion, and regardless the outcome of the Initial Inspection, the Inspection Report shall be issued and released accordingly; and
      4. We further reserve the right to take any action deemed necessary or appropriate to recover the outstanding amount, including but not limited to: (i) reporting the matter to the relevant authorities, including the Department of Occupational Safety and Health (DOSH); (ii) initiating legal proceedings; (iii) engaging third-party debt recovery services; and/or (iv) declining to provide any further Services.
   4. For Periodical Inspection, you acknowledge and agree that: -

      1. Full payment is required upon submission of the Application for Periodical Inspection and prior to its commencement. No Periodical Inspection shall be conducted unless payment is made through the Platform in accordance with the payment instructions provided thereon;
      2. Upon receipt of payment, the Periodical Inspection shall be conducted at the scheduled Service Date. In the absence of payment, no Periodical Inspection shall be scheduled;
      3. The CF shall be issued and released only if the results of the Periodical Inspection are deemed satisfactory at our sole discretion. Notwithstanding the outcome of the Periodical Inspection, the Inspection Reports shall be issued and released accordingly; and
      4. All payments made in respect of the Periodical Inspection are strictly non-refundable, irrespective of the outcome of the inspection.
   5. For Services other than the Inspections, Clauses 2.4(a), 2.4(b), and 2.4(d) above shall apply mutatis mutandis.
   6. In addition to the service fees applicable for the Inspections as prescribed under the Applicable Laws, we reserve the right to impose additional charges for any optional, expedited, or value-added services that you may request in connection with or ancillary to the Inspections. All such additional fees, charges, and applicable terms will be set out in the checkout page of your Application and shall be payable by you in accordance with the payment instructions provided on the Platform. By requesting any such optional, expedited, or value-added services, you expressly agree to be bound by the applicable fees or charges, and undertake to make full and prompt payment therefor without any set-off, withholding, or deduction.

3. Payment Methods

   1. Payment for the Services may be made through any of the following methods: -

      1. Debit or credit card;
      2. Financial Process Exchange (FPX);
      3. Bank transfer; or
      4. Any other payment methods as specified on the checkout page from time to time.
   2. You acknowledge and agree that we may collect and use all information, including personal and billing details, provided by you in connection with the payment process. You are solely responsible for: -

      1. ensuring the accuracy and completeness of all payment information provided;
      2. maintaining sufficient funds or credit limits to complete the transaction; and
      3. bearing all charges imposed by your financial institution or payment provider in connection with the transaction
   3. You further represent and warrant that you are duly authorised to use the selected payment method and to make the payment on behalf of yourself or the entity you represent.
   4. We shall not be liable for any loss, delay, or failure in payment processing caused by inaccurate payment details, insufficient funds, technical errors, unauthorised use of a payment method, or the actions or omissions of any third-party service provider.
   5. We reserve the right to suspend or withhold the provision of any Services (if applicable) and withhold the issuance of CF and/or Inspection Report, until full payment has been received and verified.
   6. In the event of an unsuccessful, delayed, or non-payment for a Periodical Inspection or any Other Services, the corresponding Application shall be automatically cancelled. This automatic cancellation mechanism is implemented to maintain operational efficiency, prevent scheduling conflicts, and ensure the timely and orderly provision of Services by our personnel. Such cancellation shall take effect automatically upon the expiry of the 5-day auto cancellation period.

4. Cancellation and Refund Policy

   1. All Applications submitted through the Platform are strictly non-cancellable and non-modifiable. In addition, except in cases of payment errors or where cancellations and/or refunds are explicitly permitted by us or required by Applicable Laws, all fees payable to the Platform are strictly non-refundable.
   2. Notwithstanding the foregoing, a request for rescheduling may be considered only if it satisfies the conditions set out in Clause 6.5 of the Terms of Use. We reserve the absolute right to approve or reject any such rescheduling request at our sole discretion.
   3. Any concerns or disputes regarding the Services provided must be raised immediately upon the completion of the Service. We are dedicated to addressing and resolving any issues raised in good faith. However, dissatisfaction with the outcome of the Services shall not constitute valid grounds for cancellation and/or a refund, and if applicable, the user remains fully obligated to fulfill their payment obligations regardless of the outcome.
   4. In the event that delays, modifications or substitutions to the Services are made due to circumstances beyond our control, including but not limited to technical limitations or other external factors, we will notify the users promptly. The user hereby acknowledges and agrees that these delays, modifications or substitutions will not entitle the user to a cancellation and/or refund, as long as the original scope of the Services is substantially met.
   5. It shall remain your sole responsibility to ensure the accuracy and completeness of all details submitted in your application for Services on the Platform. Once the Services has been rendered, we shall not be obliged to provide any cancellation and/or refund, regardless of any errors or discrepancies in the information provided. You shall carefully review all details before finalizing your submission.

5. Payment Dispute

   1. In the event of a dispute arising from or in connection with payment, including but not limited to (a) issued relating the payment method, (b) payment made by the user but not received by us, or (c) any unauthorized payment transaction not performed by the user (each a “Payment Dispute”), the user shall first contact your bank or payment merchant immediately to resolve the issue.
   2. If the Payment Dispute is determined to fall within our responsibilities or if additional support is required, we may, at our sole discretion, provide reasonable assistance without assuming liability for the resolution of the Payment Dispute.
   3. You agree to indemnify, defend, and hold us harmless, our affiliates, agents, directors, officers, employees, successors, and/or assignees, from and against any claims, liabilities, damages, costs, judgments, losses, or expenses (including reasonable legal fees) arising out of or in connection with the Payment Dispute, except where such claims arise due to our fault or negligence.
   4. In the event a Payment Dispute remains unresolved, we reserve the right to immediately suspend or withhold further Services until the dispute is resolved or until full payment is received. Such suspension of Services will not be deemed a waiver of any rights, and the obligation of the users to pay remains unchanged.
   5. Notwithstanding the existence of a Payment Dispute, users remain obligated to make the payment in full. Any dispute does not absolve the user from their payment obligations, and Services will only resume once full payment is received or the dispute is resolved.
   6. If a Payment Dispute results in a chargeback, reversal or any other transaction-related fee imposed on us by a financial institution, you agree to bear any and all associated fees, including but not limited to chargeback fees, administrative costs and any additional costs arising from the dispute. These fees will be invoiced to you and must be paid promptly.
   7. We reserve the right to suspend the processing of any payment transaction if we reasonably believe that such transaction may involve fraud, illegality, abuse or any criminal activity or where we reasonably believe you may be in breach of the Terms or any Applicable Laws. You agree to fully cooperate in relation to any financial crime screening or verification processes that may be required and to assist us in complying with any Applicable Laws.

6. Limitation of Liability

   1. To the fullest extent permitted by Applicable Laws, our liability in connection with any Payment Dispute, shall be limited solely to the amount we received from the users for the relevant Services in question.
   2. We shall not be liable for any indirect, incidental, consequential, special or punitive damages, or for any loss of profits, revenue, data or business opportunities, arising out of or in connection with payment-related issues.
   3. In no event shall we be liable for any delay or failure in the performance of our payment processing services if such delay or failure is due to causes beyond our reasonable control, including but not limited to disruptions in communication or network services or actions by third-party payment processors.