Terms & Conditions

TERMS OF USE

Welcome to WhyQ Malaysia Website and our applications (each our ""Service"") (“WhyQ”, “we”, “us” and “our” refer to “WhyQ Sdn. Bhd., Level 30, Arcc Spaces, The Gardens North Tower, Mid Valley City, Lingkaran Syed Putra, 59200 Kuala Lumpur”). This Platform is specifically for the use of business owners (""User"") only.

Consent: Please read these terms and conditions carefully before creating your WhyQ account. By accessing our Platform, you agreed to be bound by these terms and conditions and our terms of use policy. If you do not accept these terms and conditions in full, please cease using our Service.

Variation: We may revise these terms of use at any time by amending this page. You are advised to frequently check our Site to make sure you are aware of any changes we make. We aim to update our Site and Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and Service, or close them indefinitely.

Software as a Service (SaaS) Provider

1. The SaaS Provider promises to offer the Services in accordance with the provisions of this Agreement beginning on or after the Effective Date and for the duration of the Term.
2. The User acknowledges that the SaaS Provider owns or has the necessary licenses for all Intellectual Property Rights, including but not limited to copyright in the Software and SaaS Services and any documentation the SaaS Provider provides to the User along with the Services, including any documentation for User configuration.
3. Any request for the Services that the SaaS Provider deems improper, unreasonable, or unlawful may be rejected.

The Purpose of KiraKira

WhyQ seeks to empower micro SMEs through access to digitization by providing a medium for their businesses. We provide a Platform for the User to record all daily sales and expenses easily by just using a mobile. Through our Platform, you can have a proper accounting ledger consisting of your business report which you can use to track your business growth and a documentation to apply for a loan in future.

Prohibited Conduct

You are not allowed to do or attempt to do anything that is against the law, restricted by any laws that apply to our Site, unsuitable in our opinion, or could damage our reputation or that of our Site, including but not limited to:

1. anything that would violate someone's legal rights or their right to privacy, including uploading private or personal data without that person's consent;
2. utilising our Website to harass, threaten, or otherwise offend anyone;
3. using our Site to send unsolicited email messages;
4. interfering with any user's use of our Site;
5. tampering with or changing our Site, knowingly transmitting viruses or other disabling features, damaging or interfering with our Site, including (without limitation) using trojan horses, viruses, or piracy;
6. enabling or aiding a third party to carry out any of the aforementioned deeds.

Intellectual Property Rights

We are the owner of or the licensee of all intellectual property rights in our Site and Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our Site in any way except for your own personal, non-commercial use.

User Content

On our Site, you might be allowed to post, upload, publish, send, or communicate pertinent data and content. The intellectual property rights in the User Content you submit to the Site are not claimed by us. Your profile and any things you upload are yours alone.

Any material you upload to our Service or data that we collect will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties of any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. Any User Content is not supported by, approved of, or under our control. Any User Content may be removed at any moment (at our sole discretion).

Rules on Loan

Our Platform offers personal loans and we are aware that we must clearly and conspicuously disclose all loan terms, including but not limited to equivalent maximum Annual Percentage Rate (APR) and payment due date. We may not charge a maximum APR higher than 36%, including costs and fees, and may not require repayment in full in 60 days or less.

The provided loan term will be between 6-18 months period with an APR rate of 10-28% subject to respective Merchant profiles. The Merchant are not required to make any repayments In full within 60 days or less.

Data Privacy

Your business transaction entries will be protected and not disclose to any third party. We have no control over your entries and it is your right to add, edit or delete any of it.

Links From Our Side

Where our Site contains links to other sites and resources provided by third parties, these links are only for your information. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Suspension and Termination

Failure to comply the terms constitutes a material breach of the Terms of Use, and may result in our taking all or any of the following actions:

1. immediate, temporary or permanent withdrawal of your right to use our Service;
2. immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;
3. issuing of a warning to you;
4. legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this clause are not limited and we may take any other action we reasonably deem appropriate.

Entire Agreement

These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.

Jurisdiction and Applicable Law

The Malaysia courts will have jurisdiction over any claim arising from, or related to, any use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Malaysia.