Welcome to ShareIt!
We offer a diverse range of services to our users. Your access and use of our website at www.shareit.asia (“Website” or “our Website”) and your use of our services (“our services”) are subject to these Terms of Service (“Terms” or “these Terms“) – so please read them carefully.
We reserve the right, at our sole and absolute discretion, to change, modify, add and/or remove any parts of these Terms at any time. It is your responsibility to check these Terms periodically for any changes and your continued use of our services will mean that you accept and agree to the changes. If you do not wish to comply with the Terms, you must not use our services.
Thank you for reviewing these Terms – we hope you enjoy using our Website and our services.
By using our Website and our services, you agree to enter into these Terms with SHAREIT ASIA PACIFIC CO LTD (Thailand) and PT SHAREIT ASIA TIMUR (Indonesia), with registered business address at Jewelry Trade Centre 18th Floor, 818/153 Silom Road Bang Rak, 10500 Bangkok, Thailand (Thailand) and JL. Tanah Abang 4, No. 14F Jakarta Pusat 10160, Indonesia (Indonesia) (“we”, “our” and “us”).
We may specify in certain of our service-specific terms that you are contracting with one of our affiliated companies, business partners or service providers (Instead of SHAREIT ASIA PACIFIC CO LTD (Thailand) and PT SHAREIT ASIA TIMUR (Indonesia)) in relation to your use of the services to which the relevant service-specific terms apply. Where this is the case, the relevant contracting entity will be identified in the relevant service-specific terms, and these Terms (including the relevant service-specific terms) will apply between you and that identified contracting entity in relation to your use of the relevant services.
OTHER POLICIES IN RELATION TO THESE TERMS
The following are specific policies which form part of these Terms and shall deemed to have incorporated into these Terms:
You may need to create an account with us in order to access our Website and use our services.
Your account is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account name, user identification and other identifiers you adopt within our services remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.
You are responsible for: (i) safeguarding your account details, including any passwords used to access your account and our services, and (ii) all use of our services under your account. You must promptly notify us if you know or suspect that your account or password has been compromised. We will regard all use of your account on our services as being by you, except where we have received and acknowledged your notification to us regarding your account/password being compromised.
If you create an account with us and use our services on behalf of a company, partnership, association, government or other organisation (“Organisation”), you warrant that you are authorised to do so and that you are authorised to bind your Organisation to these Terms. In such circumstances “you” will include your Organisation.
YOUR USE OF OUR WEBSITE
If you are under the age of 18, you must not use our Website and our services.
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
In respect of any payment payable to us for the use of our services or services provided by any third parties where applicable (“Payment”), such Payment shall be made by you in accordance with these Terms. Your Payment shall be paid through a secure payment process incorporated into our Website, or by electronic invoice, which can be securely paid by credit card, debit card or bank wire. In the event that any Payment is due for our services not set out in our Website, we shall issue an invoice to you for any such services provided.
You acknowledge and agree that completion of the online payment process does not constitute our acceptance of your offer to purchase our services. Our acceptance of your offer shall only take place upon you receiving confirmation of payment receipt from us. We reserve the right to decline any of your offers for any reason and will refund your Payment if we decline your offer.
During the online payment process, you may be required to enter your payment information, which is disclosed directly to an independent third-party payment service provider. We do not collect, store nor have the access to such information. We exclude all liability for any loss or damage that might arise from the processing of your payment information, and the terms of service of that independent third-party payment service provider shall apply.
You acknowledge and agree that if, for whatever reason, your Payment is reversed or declined where recurring payments are required, then your liability to us will automatically be deemed a debt due immediately and payable immediately. Any outstanding late Payment shall attract an interest of 8% per annum until full Payment is received.
If you fail to make Payment in full and on time then we shall reserve the right to terminate your services in such a way prescribed under the Termination section below.
Our services-specific terms may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to such payments by you.
When you submit, upload, transmit or display any data, information, media or other content in connection with your use of our services (“Your Content”) on our Website, you understand and agree that:
- you will continue to own and be responsible for Your Content;
- you are giving us, our affiliates, business partners and service providers to use Your Content (with no fees or charges payable by us to you) for the purposes of providing to you our services;
You are solely responsible for Your Content and you must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code on our Website (“Our Content“), including but not limited to the design, structure, selection, coordination, expression, and arrangement of Our Content, contained on our Website is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of Our Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
THIRD-PARTY CONTENT AND SERVICES
We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed on our Website by our affiliates, business partners and service providers. Any reliance on such content is at your own risk. Your use of our Website and our services does not give you any right in or to any content you may access or obtain in connection with your use of our Website and our services. We bear no responsibility for your use of services or relationship with any such third party service providers.
There may be, from time to time, third-party content and services on our Website that are subject to further terms, including terms from the relevant third party that originally produced such content and services (for example, our affiliate that was responsible for writing an article that then appears on our services). In such cases, you agree to comply with any such further terms and conditions as notified to you in relation to such third-party content and services.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in or to our Website and our services will continue to belong to us and our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks, logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding our services are entirely voluntary and we will be free to use these comments and suggestions at our sole discretion without any payment or other obligation to you.
Where our services involve you downloading and using any software provided by us, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, royalty-free and revocable licence to use the software for the sole purpose of using our services in accordance with these Terms (including any specific technical requirements that relate to the software or its use on your particular device). You may not copy, modify, reverse compile, reverse engineer or extract source codes from our software, except to the extent that we may not prohibit you from doing so under the applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from our software, you must first contact us to request the information you need. We may from time to time provide updates to our software. Such updates may occur automatically or manually. Please note that our services may not be able to operate properly if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of our software, or that such updates will continue to support your device or system.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms. Upon any termination of these Terms, you shall immediately cease all access to our Website and use of our Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account(s) issued to you and deny your access to our Website and use our services in whole or in part. Any termination of these Terms shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
You furthermore agree that we shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with our Terms, your sole and exclusive remedy is to discontinue using our Website and our Services.
All information displayed on our Website is strictly intended for general information and knowledge only and does not constitute any professional advice. The information displayed herein is subject to changes and may no longer be accurate after the uploading date. While every care has been taken by us to ensure the accuracy of the information contained on our Website, it remains your sole responsibility and obligation to seek independent professional advice as to the reasons for your visiting the Website. No oral or written information or advice provided by us (including without limitation its call centre, live chat or customer service representatives) shall (i) constitute professional advice or (ii) create a warranty of any kind with respect to our Website. In relation thereto, you should not act or refrain from acting based on information contained on our Website or information provided by us (including without limitation its call centre, live chat or customer service representatives) without seeking advice from a relevant qualified professional, advisor or consultant.
Any and all articles, reports or other materials published on our Website reflect the views of the individuals that prepared them and do not reflect or represent our position or indicate a decisive commitment towards a certain course of action. We make no representations or warranties about such articles, reports or other materials , whether expressly or impliedly.
We, our officers, directors, employees, agents, and all third party service provider(s) make no representation and warranty, whether expressly or impliedly:
- with regard to the content of our Website, including any warranties of merchantability, fitness for a particular purpose, title or non-infringement;
- with regard to accurately or completeness of the information provided on our Website;
- that our Website and its content will meet your requirements;
- that our Website will not experience any interruption, disruption or problem with accessibility;
- that our Website is free from any error, omission or viruses or other harmful components;
- that our Website is secure from third parties;
- with regard to the accuracy, completeness, or content of any third-party websites linked (through hyperlinks, banner advertising or otherwise) to our Website; and
- with regard to the services found at our Website or any third-party websites linked (through hyperlinks, banner advertising or otherwise) to our Website.
LIMITATION OF LIABILITY
The use of our Website and the use of any information or materials on our Website is entirely at your own risk. We are neither responsible nor liable for any losses, damages, claims, expenses (including legal fees) and damages of any nature whatsoever (“Losses”) incurred or suffered by you or any third party as a result of any act or omission by you or any other parties in reliance on any of the information or materials contained on our Website or arising out of or in connection with your use of or access to our Website, including but not limited to any damage to your software or hardware. Such Losses shall include without limitation any direct, indirect, consequential, special, incidental, punitive or exemplary damages (whether based on warranty, contract, tort or other legal or equitable theory, even if we have or were advised of the possibility of such Losses.
By using our Website, you have assumed the responsibility for any potential risks which may be associated with or arising from the use of our Website, including but not limited to the risks of your data, computer, devices and/or software being affected by any virus which may have been activated, transmitted or downloaded via your use of and access to our Website or any other third-party websites linked (through hyperlinks, banner advertising or otherwise) to our Website.
We shall have no responsibility and liability for any damages to your device and computer system including any loss of data that is caused by the use of our Website by you or the download of any content, materials, information or software from our Website by you.
You agree to defend, indemnify and hold harmless, us, our officers, directors, employees and agents from and against any and all claims, liabilities, losses, costs, expenses (including legal fees) and damages of any nature whatsoever, caused by negligence, act and/or omission of you or your officers, directors, employees and/or agents that arising out of or in connection with your access to or use of our Website and our services, including any information or materials on our Website or your breach of any of these Terms herein.
These Terms are the entire agreement between you and us in relation to our services. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms.
No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms. No person other than you and us will (subject to any applicable laws and regulations) have any right to enforce these Terms against any person, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms, without our prior consent.
We may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or notice. You acknowledge and agree that in no event will our partners or affiliate companies have any liability under these Terms. We may translate these Terms into multiple languages. In the event there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent of the difference and to the extent permitted by applicable laws and regulations).
GOVERNING LAWS AND DISPUTE RESOLUTION
These terms shall be governed by and construed in accordance with the laws of Malaysia. All disputes arising out of or in connection with these Terms shall be referred to the exclusive jurisdiction of the Courts of Malaysia.
Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre (Malaysia) (“AIAC”) under AIAC Arbitration rules. The seat of the arbitration will be Malaysia and the arbitration proceedings will be conducted in English.