These Terms of Use constitute a legally binding agreement between you and Plus Xnergy Holding Sdn Bhd, its subsidiaries and/or its affiliates (collectively “Plus Xnergy”). If you disagree with these Terms of Use, please do not use or cease using the Platform immediately.

  1. Definitions and Interpretation

  1. In these Terms of Use, unless the context otherwise requires, the words, terms and expressions used herein shall have the following meanings:

    “Account” means an account registered by a User for the use of the Service;
    “App” means the software or mobile application developed and/or owned by Plus Xnergy in relation to the Service and made available for download by Plus Xnergy to the User;
    “Computer” means any computer, notebook computer, mobile phone or other electronic device used to access the Service;
    “Content” means materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other contents;
    “Password” means the password created or used by the User to gain access to the Platform for the Service;
    “Personal Data” means any data about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access;
    “Platform” means the Website and/or the App that enables User to use or access to the Service;
    "Plus Xnergy’s Content" means all Content belonging to Plus Xnergy that are made available on the Platform;
    “Privacy Policy” means Plus Xnergy’s privacy policy accessible at https://www.plusxnergy.com/privacy-policy/ and as amended from time to time;
    “Service” means the functions, features and any other services made available by Plus Xnergy in the Platform from time to time for the use by the User;
    “User” means a registered user of the Platform;
    “User Content” means all Content on the Platform which is created, transmitted, posted or uploaded by User(s); and
    “Website” means Plus Xnergy website accessible at https://www.plusxnergy.com/.
  2. Interpretation
    1. Except where the context otherwise requires, words denoting the singular shall include the plural and vice versa; words denoting any gender shall include all genders; words denoting persons shall include firms and corporations and vice versa; and
    2. Clause headings are for ease of reference only and do not affect the construction of these Terms of Use.
  1. Account and User

  1. This Platform may be used by you in your individual capacity or as a representative of a business entity.
  2. You agree that your Account is for your sole and personal use (or that of the entity on whose behalf you are entering into these Terms of Use). You hereby agree not to:
    1. share or permit others to use your Account or Password; or
    2. assign or otherwise transfer your Account to any other person or entity.
  3. You shall be solely responsible for maintaining the confidentiality of your Password. You shall promptly notify Plus Xnergy of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Password.
  4. You shall provide Plus Xnergy with accurate, complete, and up-to-date information and further ensure that the information is kept updated and remains current, accurate and complete. Failure to do so shall constitute a breach of these Terms of Use, which may result in us unable to provide you with the requested service and/or the restriction, suspension or immediate termination of your Account.
  5. You shall be bound by and responsible for all communications (including all User Content) transmitted through the use of your Account, and all such communications shall be deemed to be communications made and issued by you.
  6. Plus Xnergy shall have no responsibility or liability for any losses, damages, costs, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account.
  1. Use of the Account

  1. In accessing the Platform and/or using the Service, you agree that you shall:
    1. comply with all applicable laws, rules and regulations and any instructions, notices, directions, requirements or restrictions which we may impose on the use of the Service;
    2. not use the Service for any fraudulent, illegal or improper purposes or activities or to violate any party's rights or in any way which may affect other users' enjoyment of or access to the Service;
    3. not use the Service to publish defamatory, infringing, obscene or other unlawful material and post or transmit unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, privacy invading, sexual/racially offensive or otherwise objectionable material of any nature;
    4. not use the Service to interfere with, damage, disrupt or unlawfully use or gain access to any service, equipment or computer network without due authorisation;
    5. not use the Service in a manner that are designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment;
    6. not disrupt or undermine the security of the various networks and systems that are connected to the Service, or violate the regulations, policies, or procedures of such networks or systems;
    7. not use the Service to transmit bulk unsolicited email or for any commercial purposes; and
    8. not use the Service to impersonate any other person or to create a false identity.
  1. Rights of Plus Xnergy

  1. Plus Xnergy shall have the following rights:
    1. to refuse, remove, modify or deny access to any Content, including without limitation such Content that may be or are alleged to be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party's intellectual property rights;
    2. to terminate your access to the Account at any time without any cause or justification at its absolute discretion. Breach of these Terms of Use would generally entitle Plus Xnergy to deny access to the Account without any further reference to you;
    3. monitor all User Content transmitted or received through any form. Plus Xnergy may at its sole discretion and without prior notice review, remove or otherwise block any User Content; and
    4. to access to your Account and records as reasonably necessary to investigate complaints.
  1. Proprietary Materials

  1. The Content in the Platform are protected by copyright, trademarks and/or other intellectual property rights and other relevant laws of Malaysia. You may view the Content and use the Service for personal and non-commercial purposes. Any Content on the Platform shall not be reproduced, distributed, transmitted, published, displayed, broadcasted, stored, adapted, licensed, altered, hyperlinked or otherwise used in any manner or by any means without the prior written consent from Plus Xnergy.
  2. You shall not upload, post or otherwise make available on the Platform any Content protected by copyright, trademark or other proprietary right without the express permission of the proprietor of the copyright, trademark or other proprietary right. The burden of determining that any such Content is not protected by copyright, trademark or other proprietary rights is upon you. By submitting the User Content to the Platform, you represent and warrant that you own or otherwise control all the rights to the User Content that you post and that the Content is accurate.
  3. By submitting the User Content, you agree to grant Plus Xnergy a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute the User Content whether in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such information or material.
  4. You shall be solely liable for any loss, damage, cost and expenses resulting from any infringement of copyrights, trademark, proprietary rights, or any other harm resulting from such a submission.
  1. Disclaimer

  1. All information in the Platform is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability fitness for a particular purpose, accuracy, timeliness or completeness, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms of Use.
  2. Whilst Plus Xnergy had taken all reasonable precautions to ensure that any information provided on the Platform is free of viruses that may interfere with or damage the operations of your Computer, nonetheless, Plus Xnergy excludes all forms of liability, to the maximum extent permitted under applicable laws, for loss or damage, caused by or resulting from interference with or damage to your Computer which occur in relation with use of the Platform, whether through a computer virus or otherwise howsoever occurring.
  3. We do not guarantee that access to or use of the Service will be uninterrupted or error free, bugs or malfunctions will be corrected, or that the Platform and its servers are free of harmful components.
  4. We do not guarantee that the uses of the Platform, or Plus Xnergy’s Content are accurate, without error or reliable.
  5. We do not guarantee that you will have access to the Service at all times. You may experience interruptions to the Service and we will not be liable to you in any manner whatsoever if you suffer loss or damage as a result of these interruptions.
  6. We disclaim all liability, to any person for all loss or damage of any kind whatsoever including but not limited to personal injury or death to any person or damages to tangible or intangible property, whether these are attributed to or caused by the use of products and/or services offered in the Platform or any linked website, whether direct, indirect or consequential, in respect of anything done or omitted to be done, whether wholly or partly, in reliance upon the whole or any part of the Content within the Platform.
  7. If any part of the Platform offers you the opportunity to join in or read from a forum, you agree that any communications posted on the forum represent the views of the individual who posted such communication and shall not be taken as the views of Plus Xnergy. We do not accept any responsibility or liability for anything posted on a forum by any user of the forum.
  1. Liability

  1. Plus Xnergy shall in no event be liable for any loss or damages howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use the Platform (or any third party link to or from the Website), reliance on the information contained in the Website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise. This exclusion clause shall take effect to the fullest extent permitted by law.
  2. Without prejudice to the foregoing, where a court or an arbitrator holds or finds Plus Xnergy and our respective personnel and/or suppliers liable to you for any breach or default, you agree that the amount of damages payable by Plus Xnergy and our respective personnel and/or service provider to you will not at any time exceed the sum of RM100.00.
  3. By accessing and using the Service, you agree to waive and hold Plus Xnergy harmless from any claims relating to any action taken by Plus Xnergy including the refusal, removal, modification or denial of access to Content, products or services, suspending or terminating the Service, or other appropriate action in relation to any suspected or alleged breach of these Terms of Use.
  1. Links to Third-Party Websites

  1. The Platform may be connected to other third party websites. The third party websites are not within the control of Plus Xnergy whereupon we disclaim responsibilities for the contents and functionality of the websites. Your access to such third party websites is solely at your own risk.
  1. Privacy Policy

  1. You confirm that you have read and consent to our processing of your personal data in accordance with the terms in the Privacy Policy.
  1. Indemnification

  1. You agree to indemnify Plus Xnergy, directors, employees, agents and service providers in full against all claims, damages, losses, liabilities, expenses, demands, actions, penalties and costs, arising out of or in connection with your access or use of the Service, your negligence, or any omission, act or breach of these Terms of Use by you or any other persons using your Account (whether or not expressly authorised by you).
  1. Assignment

  1. You are not permitted to assign or novate any, or any part of your rights and/or obligations under these Terms of Use to any party, without our prior written consent.
  2. We may novate or assign our rights under these Terms of Use to our related corporations or any third party by giving you a written notice.
  1. Amendment

  1. Plus Xnergy may amend these Terms of Use from time to time. Please visit the Platform periodically for the latest Terms of Use. The Terms of Use will take effect at the time of posting and shall supersede all previous versions.
  1. Entire Agreement

  1. These Terms of Use and all materials incorporated by reference constitute the entire understanding between you and Plus Xnergy with respect to your rights and obligations as a User.
  1. Severability

  1. If any provision of these Terms of Use is held void or unenforceable, the remaining terms shall nevertheless be effective, the intent being to effectuate these Terms of Use to the fullest extent possible.
  1. Waiver

  1. The failure of Plus Xnergy to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision.
  1. Relationship

  1. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise with Plus Xnergy. Communications between you and Plus Xnergy through the Platform, whether by way of feedback or response to queries or otherwise howsoever does not give rise to any legal relationship between you and Plus Xnergy.
  1. Governing Law and Jurisdiction

  1. These Terms of Use and all other aspects of your use of the Platform shall be governed by the laws of Malaysia and you agree to submit to the exclusive jurisdiction of the Malaysian courts.

Power Your Business With Clean Energy