Terms of Service

These Terms of Service and any other terms and policies referred to herein form an agreement (“Agreement”) that govern any user’s (“Customer”, “you” or “your”) access to and/or use of the services, software and/or websites (“Platform”) provided by BillOne Technology Sdn Bhd (Company Registration No.: 201801010895 (1272911-V)) of 14-10 & 14-12, Level 14, Stellar Suite, Jalan Puteri 4/7, Bandar Puteri, 47100 Puchong, Selangor. (“myBillOne”, “we”, “our” or “us”).

By accessing and/or using the Platform, you indicate that you have read, understand and agree to be bound by the terms and conditions herein, and all policies and guidelines of the Platform that are incorporated by reference. If you do not agree to the terms of this Agreement, please immediately discontinue use of the Platform and terminate this Agreement in accordance with the terms and conditions below.

1. License

1.1. Subject to all limitations and restrictions contained herein, myBillOne grants you a term subscription, software as a service (“SaaS”), non-exclusive, non-transferrable, personal, revocable license to use and/or access the Platform in accordance with our intended purpose for the SaaS (“License”).

1.2. You agree that the License:

• commences from the day you are granted access to the Platform by myBillOne;
• permits you to use and/or access the Platform in accordance with myBillOne’s normal operating procedures; and
• permits you to provide access and use of the Platform to your Authorised User(s).

“Authorised User” means the user(s) permitted to use and/or access the Platform and the content, including Data (as defined herein), generated by, or the output of, the Platform as part of myBillOne’s services to the Customers. “Authorised User” will only consist of the Customer’s employees or personnel.

1.3. The Platform may contain third-party software that requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions may be requested from myBillOne and are made part of and incorporated by reference into this Agreement. By accepting this Agreement, you are also accepting the additional terms and conditions, if any, set forth herein.

1.4. The Parties agree that myBillOne:

1. does not make any warranty or representation as to the ability of the facilities or services of any third-party suppliers; and
2. is not liable for any failure in, fault with, or degradation of the Platform if that failure, fault, or degradation is attributable to or cause by any failure of the Customer’s Environment or the facilities or services of any third party.

“Customer’s Environment” means the computing environment of the Customer, including all hardware, software, information technology and telecommunications services and systems.

1.5. myBillOne has the right (but not the obligation) to suspend access to and/or use of the Platform without liability if:

1. we reasonably believe that the Platform is being used in violation of this Agreement or applicable law;
2. if requested by a law enforcement or government agency or otherwise to comply with applicable law, provided that we shall use commercially reasonable efforts to notify you prior to suspending the access to and/or use of the Platform as permitted under this Agreement; or
3. as otherwise specified in this Agreement.

Information on our servers may be unavailable to you during a suspension of access to the Platform. We will use commercially reasonable efforts to give you at least twelve (12) hours’ notice of a suspension unless we determine in our commercially reasonable judgment that a suspension on shorter or contemporaneous notice is necessary to protect us or our customers.

2. Account

2.1. In order to fully access and/or use the Platform, you are required to have a user account on the Platform (“Account”) and you must:-

• be at least eighteen (18) years old and able to enter into contracts;
• complete the Account registration process by providing, among others, your username, email address, mobile number, and password; and
• agree to the terms and conditions of this Agreement.

2.2. You are obliged to provide and keep your Account information up-to-date, and you must provide changes promptly to myBillOne by logging in to your Account and providing the correct information. Failure to do so shall constitute a breach of the terms and condition of this Agreement, which may result in immediate termination of your Account.

2.3. You acknowledge that myBillOne will use the email address you provide when registering an Account, or as updated by you from time to time, as the primary method for communication.

2.4. Unless specifically stated otherwise, your Account is personal to you and cannot be shared with or transferred to any third party. You shall be responsible for maintaining the confidentiality of the username and password of your Account that is required for the use and/or access to the Platform, and you are solely responsible for all content posted and activities that occur under your Account. myBillOne cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

2.5. myBillOne reserves the right to refuse registration of, cancel, suspend, close or delete Accounts of any Customers in its discretion, and to change eligibility requirements at any time.

2.6. You are not permitted to create serial and/or multiple Accounts with overlapping uses or evade a permanent suspension by creating or using another Account.

2.7. Whilst myBillOne requires all Customers to be at least eighteen (18) years old, we are not responsible or liable for any misrepresentation regarding a Customer’s age or for the unauthorized use of the Platform by a minor.

2.8. In the event your Account is inactive for two (2) years or more, myBillOne may delete your Account pursuant to Clause 15.1(b) with or without notice to you. You may have thirty (30) days to export the Data in your Account or reactivate your Account before myBillOne permanently deletes the Account.

3. Customer Data

3.1. You hereby grant myBillOne a non-exclusive, royalty-free license to access, use, reproduce, modify, perform, display, distribute, copy, transmit, and store the Data as is reasonable or necessary for the following purposes:-

• to provide the Platform to enable you to access and use the Platform;
• for diagnostic purposes;
• to test, enhance and otherwise modify the Platform;
• to develop other services; and
• as reasonably required for the performance of our obligations under this Agreement.

“Data” means all of the information, documents and other data provided by the Customer to myBillOne, any content uploaded by the Customer to the Platform, or otherwise accessed by myBillOne in the provision of the Platform.

3.2. You represent and warrant that:-

• any and all Data supplied by you or otherwise accessed by myBillOne through the provision of the Platform is your sole and exclusive property, or you have secured any and all authorizations and rights to use the Data as applicable;
• the Data does not breach any relevant laws, regulations or codes;
• the Data does not infringe the Intellectual Property Rights of any third party;
• you will comply with all applicable laws and regulations in the jurisdiction where you use and/or access the Platform;
• to the extent that the Data contains personal data, you have obtained the necessary consents in order to transfer or permit access to the Data in accordance with applicable privacy and data protection laws;
• the technical processing and transmission of the Platform, including the Data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

3.3. You acknowledge and agree that:-

• any collation, conversion and analysis of the Data performed as part of the provision of the Platform or otherwise is likely to be subject to human input and machine errors, omissions, delays and losses, including but not limited to any loss of the Data. myBillOne is not liable for any such errors, omissions, delays or losses. You acknowledge and agree you are responsible for adopting reasonable measures to limit the impact of such loss or error;
• myBillOne may add or remove additional functions or modules into the Platform at any time during the term of the Agreement with or without notice to you;
• myBillOne is not responsible for any corruption or loss of any Data if such corruption or loss is due to an act or omission by you, your employees or personnel or your Authorised User(s); and
• myBillOne is not responsible for the integrity or existence of any Data on the Customer’s Environment, network or any device controlled by you or your employees or personnel.

4. Responsibilities and Obligations of Customer

4.1. You will provide all required materials as required by myBillOne from time to time for us to provide the Platform.

4.2. Before entering the Data, you shall be obliged to check the same for viruses or other harmful components and to use state of the art anti-virus programs for this purpose. In addition, you shall be responsible for the entry and the maintenance of the Data.

4.3. At your own expense, you agree to:-

• provide all reasonable assistance and cooperation to myBillOne in order to enable us to provide the Platform in an efficient and timely manner, including but not limited to, obtaining from your Authorised Users any consents necessary to allow you and your employees or personnel to engage in activities described in this Agreement and to allow us to provide the Platform;
• use reasonable endeavours to ensure the integrity of the Data;
• permit myBillOne and our personnel to have reasonable access to the Customer’s Environment for the purpose of providing the Platform;
• ensure that only your Authorised Users will access and use the Platform and such use and access will be in accordance with the terms and conditions of this Agreement; and
• make any changes to the Customer’s Environment that may be required to support the delivery and operation of the Platform.

4.4. You shall be obliged to inform your Authorised User(s) before the beginning of use of the Platform about the rights and obligations set forth in this Agreement. You will be liable for any violation of obligations by your Authorised User(s) or by other third parties who violate obligations within your control.

5. Payment

5.1. To use and/or access the Platform, you must pay myBillOne, without any offset or delay:-

1. the fee set out on the Platform for the Account; and
2. any other amount payable to myBillOne under this Agreement.

5.2. Additional terms of the subscription plan may also be set out on the Platform. By making a payment to the subscription plan, you agree to the terms and conditions set out on the Platform.

5.3. Subject to the subscription plan you purchase on the Platform, the payment period is as follows:-

• one (1) month when you purchase a monthly subscription; and
• one (1) year when you purchase an annual subscription.

5.4. Your subscription plan will be renewed automatically until you cancel the subscription. You may cancel your subscription plan through the Platform.

5.5. You will be prompted for an upgrade if you exceed your subscribed plan quota and you will have the option to purchase additional block based on your requirement or upgrade to the next tier plan and the rate will be prorated based on the day you upgrade.

5.6. There is an option to switch between subscription plans. If you subscribe to a monthly subscription, you are permitted to switch to an annual subscription at any time. If you wish to switch from an annual subscription to a monthly subscription, you may only switch upon expiry of your annual subscription. You are not permitted to switch subscription plans if (a) your current subscription plan has expired; (b) your subscription plan expires in less than two (2) days; or (c) you have already switched subscription plans within the last two (2) days.

5.7. You are required to maintain valid credit card information on file with myBillOne. You authorise myBillOne to charge your payment method for the amount due to myBillOne for your use and/or access to the Platform, any sales and use taxed and any applicable late fees or interest. All payments will be facilitated either directly via myBillOne’s payment processing system, myBillOne’s third party payment processing service, or an associated payment processor. If your credit card is replaced for any reason, you authorise us to charge such replacement credit card for the amount due to myBillOne. The person submitting the credit card for payment represents and warrants that (a) they are authorised to use such credit card; (b) the credit card may be charged as agreed herein; and (c) such charges will not be rejected. You agree that you are solely liable for any payment or credit card fraud, abuse or unauthorised use of the credit card by you or others.

5.8. myBillOne may seek authorisation of your credit card to validate your ability to pay any applicable charges prior to any purchase.

5.9. If myBillOne receives payment for an incorrect amount or non-specified currency payment, we will endeavour to notify you of such incorrect payment. If such incorrect payment is not rectified within thirty (30) days of providing such notice, we reserve the right to modify, restrict, or discontinue any portion of the Platform. You acknowledge and agree that myBillOne will not be liable to you or any third party for any modification, restriction, or discontinuance of the Platform.

5.10. It is your responsibility to determine what taxes apply to your use of the Platform and collect, report and remit the correct amounts of tax to the appropriate tax authority, if applicable. myBillOne is not responsible for determining whether taxes apply to your use of the Platform or for collecting, reporting or remitting any taxes or any information related thereto arising out of or resulting from your use of the Platform.

5.11. Payments made will be valid up till the period agreed, and are non-transferrable to another party and are only applicable for the named holder of the Account.

6. Refunds

6.1. myBillOne will provide a refund of pro rata proportion of the monthly or annual subscription fee that was prepaid by you only if we terminate your use and/or access of the Platform without cause.

6.2. Unless otherwise stated, you are not eligible for any refunds from myBillOne, including the following situations:-

• if your Account is suspended or terminated because of violation of our user guidelines or a breach of any terms of this Agreement;
• if you are sending (or were going to send) newsletters (i) without obtaining permission from your subscribers; and/or (ii) containing content prohibited by this Agreement;
• if you did not use and/or access or had partially used and/or accessed the Platform;
• if you forgot to cancel your subscription plan on the Platform;
• if you cancelled immediately your subscription plan on the Platform after your credit card was charged for the new billing period;
• if you accidentally purchased a wrong subscription plan; and
• if you decide to cancel your subscription plan after the purchase because of functionality.

6.3. myBillOne reserves the right, in our sole discretion, to offer refunds in other situations in accordance with the requirements we post on the Platform, which may be changed from time to time. In any case, the refund can only be made within thirty (30) days from the last transaction date.

6.4. If you are an individual and you use myBillOne not for your trade, business, craft or profession purposes, you are eligible to request for a refund within fourteen (14) calendar days from the day you agreed to the terms of this Agreement.

7. Confidentiality

7.1. You will not disclose, misuse, or use myBillOne’s Confidential Information. “Confidential Information” means any information disclosed or made available to you by myBillOne, directly or indirectly, whether in writing, orally or visually. It includes but is not limited to all information contained within myBillOne’s reporting systems and other performance metrics, this Agreement, its policies, any other technical or programming information, and personal data information about third parties it discloses or makes available to you.

7.2. However, Confidential Information does not include information other than information that: (i) is or becomes publicly known and generally available other than through your action or inaction; or (ii) was already in your possession (as documented by written records) without confidentiality restrictions before you received it from myBillOne.

7.3. Each Party agrees at all times to use all reasonable efforts, but in any case, no less than the efforts that each Party uses in the protection of its own Confidential Information of like value, to protect Confidential Information belonging to the other Party. Each Party agrees to restrict access to the other Party’s Confidential Information only to those employees or personnel who: (i) require access in the course of their assigned duties and responsibilities; and (ii) have agreed in writing to be bound by the provisions no less restrictive than those set forth in this Section.

7.4. You acknowledge, consent and agree that myBillOne may access, preserve and disclose your Account information and Data if required to do so by law, or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any of the Data violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of myBillOne, users of the Platform, and the public.

7.5. Notwithstanding this Section, unless otherwise expressly agreed in writing, all suggestions, solutions, improvements, corrections and other contributions provided by you regarding the Platform will be owned by myBillOne, and you hereby agree to assign any such rights to us. Nothing in this Agreement will preclude myBillOne from using in any manner or for any purpose it deems necessary, the know-how, techniques, or procedures acquired or used by us in the performance of services hereunder.

8. Security

8.1. myBillOne uses industry standard methods to protect the security of Accounts and data from unauthorised access, use or disclosure. However, myBillOne cannot fully defend against all potential security risks. You are solely responsible for maintaining the security of your Account and routinely modifying your password to prevent unauthorised access. You also agree to immediately notify myBillOne of any unauthorised access, use or disclosure of your Account and assorted data or any breach of security. Accordingly, myBillOne hereby disclaims, to the fullest extent of applicable law, any liability for any loss or damage arising from any unauthorised access, use or disclosure of your Account and assorted data.

8.2. You agree to myBillOne’s collection, use, distribution, transmission, storage, and retrieval of certain information concerning your use of the Platform, including, without limitation, technical, diagnostic or service level information that our engineers and technicians may use to improve, enhance and upgrade the Platform.

9. Warranty

9.1. The Parties warrant that each has the right to enter into this Agreement and that this Agreement will be executed by an authorised representative of each Party.

9.2. To the knowledge of myBillOne, the Platform does not contain any malicious code, program, or other internal component (for example, computer virus, computer worm, computer time bomb, or similar component), which could damage, destroy, or alter the Platform, or which could reveal, damage, destroy, or alter any data or other information accessed through or processed by the Platform in any manner. This warranty will be considered part of and covered under the provisions of this Agreement. You must (i) notify myBillOne promptly in writing of any non-conformance under this warranty; (ii) provide myBillOne with reasonable opportunity to remedy any non-conformance under the provisions of this Agreement; and (iii) provide reasonable assistance in identifying and remedying any non-conformance.

9.3. Any and all software, hardware, services, Confidential Information and other technology or materials provided by myBillOne to you are provided “as is” and “as available” and without warranty of any kind. Except as otherwise expressly stated in this Section of this Agreement, myBillOne makes no other warranties, express or implied, including express or implied warranties of merchantability, fitness for a particular purpose, reliability, timeliness, accuracy, completeness, and non-infringement. Neither myBillOne (nor any of its subsidiaries, affiliates, suppliers, or licensors) warrants or represents that the Platform will be uninterrupted, error-free, or secure. You acknowledge that there are risks inherent in internet connectivity that could result in the loss of its privacy, data, Confidential Information, and property.

9.4. Whilst myBillOne takes reasonable commercial efforts to provide the Platform to you, we do not represent or warrant that:

(a) your access to the Platform or any part of it, will be secure, timely, uninterrupted, reliable, error-free or operate with other software, hardware, applications, systems or data;

(b) the Platform or any of its contents will be accurate, up-to-date, complete or reliable;

(c) the quality of any products, services, information or other materials purchased or obtained by you through the Platform will meet your requirements or expectations; or

(d) third parties will not use your Confidential Information in an unauthorised manner.

9.5. The Platform may be subject to limitations, delays, problems or technical malfunction inherent in the use of the Platform on the internet and electronic communications. myBillOne is not responsible for any delays, delivery failures, loss or damages resulting therefrom.

9.6. Notwithstanding anything to the contrary in this Section, any and all warranties under this Agreement are void if you have made changes to the Platform or have permitted any changes to be made other than by or with the express written approval of myBillOne.

10. Limitations of Liability

10.1. You expressly agree that myBillOne, our directors, officers, shareholders, employees, representatives, consultants, agents, subsidiaries, suppliers, and/or distributors will not be liable for any loss of profits, data or costs of procurement of substitute goods or services, or for any other indirect, special, incidental, punitive, consequential damages arising out of or in connection with this Agreement or other intangible losses, however caused, and under whatever cause of action or theory of liability brought, even if we have been advised of the possibility of such damages, resulting from:-

• (a) your access to or use of or inability to access or use the Platform;
• (b) any conduct or content of any third party in the Platform, including without limitation, any defamatory, fraudulent, misleading, offensive or illegal conduct of other users or third parties;
• (c) any content obtained from the Platform; and
• (d) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

10.2. If you are dissatisfied with any aspect of the Platform, or with any of the terms and conditions contained herein, your sole and exclusive remedy is to discontinue its access and/or use of the Platform. This limitation of liability shall apply to the maximum extent permitted by law.

10.3. You acknowledge that myBillOne may not be able to confirm the identity of other registered users or prevent them acting under false pretences or in a manner that infringes the rights of any person.

10.4. You must ensure that your use of and/or access to the Platform is not illegal or prohibited by laws that apply to you.

10.5. You must take your own precautions to ensure that the process that you employ for using and/or accessing the Platform does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system. myBillOne does not accept responsibility for any interference or damage to any computer system that arises in connection with your use of the Platform or any linked website.

10.6. This Section 10 will survive the termination or expiry of this Agreement.

11. Release

If you have a dispute with one or more third party through the use of the Platform, you will release myBillOne (and our directors, officers, shareholders, employees, consultants, agents, subsidiaries and joint ventures) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

12. Intellectual Property Rights

12.1. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

12.2. You acknowledge that myBillOne owns all right, title, and interest, including without limitation all Intellectual Property Rights, in and to the Platform, and that you will not acquire any rights, titles, or interests in or to the Platform except as expressly set forth in this Agreement.

12.3. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of myBillOne’s services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Platform or proprietary information related thereto.

12.4. You will not remove, obscure, or alter myBillOne’s copyright notice, or other proprietary rights notices affixed to or contained in the Platform.

12.5. You acknowledge that myBillOne does not screen content uploaded onto the Platform, but we have the right (but not the obligation) in our sole discretion to refuse or remove any content on the Platform that we deem inappropriate, illegal, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violate any party’s Intellectual Property Rights or this Agreement.

12.6. myBillOne has the discretion (but not the obligation) to terminate your access to and/or use of the Platform if, we determine that you or your Authorised User(s) are repeated infringer of our and other third parties’ Intellectual Property Rights.

12.7. This Section 12 will survive the termination or expiry of this Agreement.

13. Subcontracting

The Parties agree that myBillOne may engage subcontractors to perform its obligations and services contained in this Agreement on its behalf.

14. Guidelines

14.1. The use of the Platform is subject to myBillOne’s user guidelines.

14.2. myBillOne reserves the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Platform at any time, for any or no reason, with or without prior notice, and without liability.

14.3. You agree to adhere to myBillOne’s user guidelines and if you fail to do so, we reserve our right to suspend or terminate your Account. We also reserve our right to introduce, change or amend the user guidelines from time to time.

15. Term and Termination

15.1. myBillOne may terminate your use and/or access of the Platform, with or without notice, if:-

• (a) you fail to make any payments due;
• (b) your Account is inactive for two (2) years or more;
• (c) where required by law; or
• (d) where myBillOne reasonably considers there has been a breach of any of the terms of this Agreement, or a breach of applicable laws.

15.2. You acknowledge and agree that myBillOne may suspend or terminate your use and/or access to all or any part of the Platform at any time, with or without cause, effective immediately. You also understand and agree that myBillOne is not required, and may be prohibited, from disclosing to you the reason for termination of your use and/or access to all or any part of the Platform.

15.3. You may terminate this Agreement on thirty (30) days written notice to us if myBillOne fails to perform any material obligation required of us hereunder, and such failure is not remedied within thirty (30) days from our receipt of your notice of termination.

15.4. Termination of this Agreement will not limit either Party from pursuing other remedies available to it, nor will such termination relieve your obligation to pay all fees that have accrued or are otherwise owed by you under this Agreement.

16. Events Following Termination

16.1. Upon termination of this Agreement, the following shall be applicable:-

• (a) myBillOne will immediately cease providing the Platform;
• (b) you shall pay myBillOne all the outstanding fee in relation to the provision of the Platform rendered until the date of termination;
• (c) it shall not affect any rights that have accrued to the Parties hereto either prior to the expiration or early termination of this Agreement;
• (d) myBillOne reserves the right to permanently dispose and delete any Data held in the Platform, including your list of subscribers and your content, without further reference to you;
• (e) all rights and licenses granted by myBillOne under this Agreement shall immediately terminate;
• (f) you shall continue to comply with all of the obligations on your part under this Agreement which are not affected by termination; and
• (g) any claim which either Party may have against the other in respect of any breach or non-performance or repudiation of any of the provisions of this Agreement which shall have occurred prior to such termination shall not be affected or prejudiced.

16.2. This Section 16 will survive the termination or expiry of this Agreement.

17. Indemnification

You to indemnify, defend and hold myBillOne, our directors, officers, shareholders, employees, representatives, consultants, agents, subsidiaries, affiliates and applicable third parties (e.g. syndication partners, licensors, licensees, consultants and contractors) (collectively “Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from its use of the Platform and/or its breach of any term of this Agreement.

18. Privacy

When you use the Platform, myBillOne will collect, store and use certain information as described in the Privacy Policy. If you do not agree to such provisions, please do not use and/or access the Platform.

19. Notifications

As part of the service provided to you, myBillOne will send emails to notify you on the ongoing activities on the Platform or to inform you about our new products or services. You may unsubscribe by contacting myBillOne or using the unsubscribe option in the email updates that we forward to you.

20. Third-Party Features

The Platform may give you the option to link to third-party features and integrations. myBillOne does not own or operate any such features or integrations. If you access or use any third-party features or integrations, you are responsible for this access and use, and we are not responsible for any act or omission of the third party or the availability, accuracy, the related content, products, or services of third parties. myBillOne may provide links to third party sites only as a convenience, and such links do not imply our endorsement, adoption or sponsorship of, or affiliation with such third-party sites.

21. Governing Law and Dispute Resolution

This Agreement is to be governed by the laws of Malaysia, and the Parties agree that any dispute or claim between you and myBillOne will be adjudicated in the courts in Kuala Lumpur, Malaysia. Any claim against myBillOne arising under, out of, or relating to this Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.

22. Modification

22.1. myBillOne reserves the right to change the terms and conditions herein from time to time. myBillOne may change or remove any features of the Platform from time to time and without notice. Nothing in this Agreement will constrain how we operate our business. You shall be responsible for reviewing and becoming familiar with any such modifications.

22.2. If the alterations constitute a material change to myBillOne’s terms and conditions, we will notify you by posting a notification on the Platform. Your use of the Platform following such notification constitutes its acceptance of the terms and conditions as modified. What constitutes a “material change” will be determined at our sole discretion, in good faith, and using common sense and reasonable judgment.

23. Disclaimer

23.1. myBillOne takes no responsibility and assumes no liability for any listing on the Platform or for the accuracy of any information contained therein or associated therewith.

23.2. Your dealings or communications with, the companies or businesses, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such the companies or businesses. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of listings.

24. General

24.1. Headings are for reference purposes only and do not limit the scope or extent of such section.

24.2. No joint venture, partnership, employment, or agency relationship exists between you, myBillOne or any third party as a result of this Agreement or your use of the Platform. Neither Party will have authority to bind, commit, or otherwise obligate the other Party in any manner whatsoever.

24.3. If any provision of this Agreement is found to be void or for any other reason invalid or unenforceable under applicable law, such provision will be deemed severable from this Agreement and the remaining provisions will be enforced to the fullest extent of applicable law.

24.4. The failure of myBillOne to enforce any right or provision herein will not constitute a waiver of such right or provision unless explicitly acknowledged and agreed by us in writing.

24.5. Any failure by myBillOne to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee that we will take action against all breaches of this Agreement.

24.6. If performance of this Agreement or any obligation under this Agreement is prevented, restricted or interfered by reason of Force Majeure and the affected Party unable to carry out its obligations gives the other Party prompt written notice of such event, then the obligations of the affected Party invoking this provision shall be suspended to the extent necessary by such event. The affected Party shall use reasonable efforts under the circumstances to remove such prevention, restriction or interference or to limit the impact of the event on its performance and must continue to perform with reasonable dispatch when the Force Majeure is removed.

24.7. In myBillOne’s sole discretion, we may assign our rights, interests and obligations, in whole or in part, under this Agreement without limitation.

24.8. myBillOne does not guarantee or warrant that the Data stored in its server or generated by the Platform will be backed up. You shall be responsible for keeping an independent backup of all Data stored or generated. However, in the event that your records do not correspond with our records, the latter shall prevail.

For any questions, please contact us at: