Terms and Conditions Last Updated Date : 19 March 2025

1. Acknowledgement and Acceptance of Terms and Conditions
   1. The Site is owned by Tuabay Technology PLT (collectively referred to as “TUABAY“, “TUABAY PLATFORM“, “we“, “us“, or “our“). Tuabay is a Software as a Service (SaaS) which provides an online platform through mobile apps and website that allow our customer (collectively referred to as “you”, “your”, “user” ) to utilize its functionality.
   2. The following terms and conditions govern your use of the Tuabay.com domain, sub-domain, website, web application and mobile application (collectively referred to as the “Site”). By accessing or using the Site, you agree to adhere to these terms and conditions. If you do not agree, please do not continue to use the Site.
   3. Tuabay reserves the right to amend these terms and conditions at any time without prior notice. Such changes will take effect as soon as they are posted on the Site. By using or accessing the Site, including any submissions you make, indicates your acceptance of these modifications. Your use of the Site must comply with these terms, all relevant laws and Tuabay’s policies.
2. Key Terms
   1. “Tuabay Platform” refer to services provided through software, application or system developed by Tuabay along with its functionality which designed for the use of Tuabay’s user.
   2. “User” refers to the account owner, where you as an individual create within Tuabay Platform, and this can represent either a Merchant or Consumer account type.
   3. “Merchant Account” representing an entity or brand where it can access to business related functionality within Tuabay Platform defined by Tuabay.
   4. “Consumer Account” refer to an individual account where the individual may participate in the membership program to enjoy benefits from the participating merchant.
   5. “Subscription plan” refer to a service model where a customer pays a recurring fee on an annual basis, to access or utilize function within Tuabay Platform. Customer must subscribes and maintain the subscription with the available package set by Tuabay to gain continuous access to the account, certain features, content, or benefits provided.
   6. “Reward” refer to a benefit generated from a merchant to consumer account holder. The reward can be in a form of free item, discount, free service and the similar, solely decided by the merchant and may have its conditions for redemption.
   7. “Reward Condition” refer to the requirement for consumer account holder to receive the benefits created by merchant.
   8. “Loyalty Partnership” refer to two merchants successfully agree to each other’s proposal to establish a partnership.
   9. “User Content” refer to any information provided by you, the account owner created in Tuabay Platform.
   10. “Brand Asset” refer to the elements that define and represent Tuabay, including visual components like logos and colors, as well as non-visual aspects like brand voice, values, mission statement, and brand personality, all contributing to a Tuabay’s identity and how it’s perceived
3. Account Creation and Maintenance
   1. In order to participate or use services within TUABAY platform, you must first create user account with Tuabay. When you register to create a user account, you will be asked to create an account profile that contains information about yourself and/or your business (for merchant account). As you complete the registration process, you may be asked to attest: (1) that the information you provide about yourself is correct; (2) that in case the information changes, you will revise the information within your account profile to keep it correct; and (3) that you have read the TUABAY’s Terms and Conditions and the TUABAY’s Privacy Policy and agree to be bound by them.
   2. You may create a TUABAY account through TUABAY website or apps. The information about yourself provided to TUABAY must be accurate and true, and you must keep it accurate in case it changes. If you register through any other social media account, you consent to TUABAY having access to information in your social media platform’s account profile. You also consent to TUABAY using your social media platform’s account to send messages regarding your TUABAY account.
   3. At all time, you will not share any of your login account with anyone other than yourself. All User must keep their account information safe and never reveal them in any way that others can access your account on your behalf. Sharing of account is strictly prohibited.
   4. You must keep your login information safe and have full responsibility over your account, including any devices that you use to access them.
   5. You will not open, or attempt to open, a Tuabay Account under any name except your own; or use your Tuabay Account to carry out transactions on behalf of a third party, unless you are officially assigned by the owner to do so.
   6. You will not have more than one Tuabay Account; use or access any Tuabay Account other than your own; or assist any other person in obtaining unauthorized access to any Tuabay Account.
   7. By opening a Tuabay Account you accept and agree that Tuabay may, without further notice and in its sole discretion, terminate, suspend or restrict the account of any user who we reasonably suspect may be using, the Tuabay Site, Tuabay Platform or any Tuabay Account in a manner that is inconsistent with the letter or spirit of these Terms. Account may be suspended or terminated, but not limited to based on Tuabay discretion for the reason below:
      1. Breach of terms
      2. Fraudulent activity
      3. Inactivity for a prolonged period of 24 months and above
   8. For Merchant account, the User have the ability to create sub-user account to manage partly of fully of the Merchant account. The access rights determine the type of access and function visibility for the sub-user account. The User are responsible for the account management and shall make necessary removal shall the sub-account is believed to be compromised or no longer in use.
4. Merchant Account
   1. Tuabay allow individual to create Merchant account to access it business related functionality.
   2. All participated merchant must allow Tuabay to use their logo and publicly available company information for the purpose of marketing in any form that is related to Tuabay’s nature of business. Merchant’s logo and publicly available company information may be shown in Tuabay website, but not limited to, web application, mobile application or any services under the Tuabay management.
   3. Every merchant account is managed by a User who is an individual to be responsible for the account and must have the capacity to make decision on behalf of the entity.
   4. You may have different Merchant Account managed by single user account where the user must be a director, partner, holding position that has the capacity to act on behalf of the entity or given official permission to do so.
   5. You agree to comply with Tuabay to provide necessary documentation which may include personal identifiable information and/or entity related documents to facilitate the verification process of the merchant account.
   6. Any listing or information within the Merchant account must be correct and stay accurate at all time.
   7. Proposal, rewards, offers or benefits created by merchant must be fulfilled and honored at all time.
   8. Merchant are require to support the partnership in goodwill and agree that the partnership is established on the basis of incentivized your member with rewards of benefits received through another merchant which you have established partnership with.
   9. You understand and agree that your member or customer may aware of the partnership you have and may eventually become the customer or member of another merchant you partnered with or any other merchant found within Tuabay and its related services under Tuabay management.
   10. All merchant shall comply with the Malaysia Personal Data Protection Act (PDPA) when managing your customer or member information and to protect any accessed data with appropriate technical or organization safeguards.
   11. You shall allow any consumer account user to unsubscribe from your marketing campaign, cease communication and/or delete all personal identifiable information within your system.
5. Consumer Account
   1. Tuabay allow individual to create Consumer account to access its consumer related functionality, mainly to participate the merchant’s membership or loyalty program but not limited to perform redemption of rewards, benefits or related loyalty functionality.
   2. Every consumer account is managed by a User who is an individual to be responsible for the account.
   3. You agree to comply with Tuabay to provide necessary documentation which may include personal identifiable information to facilitate the verification process of the account or user authenticity when require.
   4. Your personal identifiable information such as name, contact information, and other related personal identifiable information will be known to another user with merchant account when you perform any form of transaction such as but not limited to participating in the membership program, claim or redeem the benefits provided, and contact the merchant with any method made available to you.
   5. You grant the permission to allow Tuabay and the merchant which you joined or participate to use and process your personal identifiable information for any transaction but not limited to join membership, participate in any program, claim rewards, redeem rewards, marketing and advertising purposes. Please refer to our Privacy Policy to understand how we manages Personal Identifiable Information.
6. Merchant Account Subscription
   1. All content and software associated with the Service are owned by Tuabay.
   2. Tuabay allow user to subscribe to Tuabay Platform based on the subscription plan available with a fee and the fee are required to pay in full and in advance.
   3. When you subscribe to Tuabay Platform, you are given a limited, non-exclusive, non-transferable license to use the service and will cease from accessing the service within Tuabay Platform when the subscription ended.
   4. Tuabay reserved its full rights to make changes to the fees, features, content, or benefits of any Subscription plan from time to time and without notice, including the changes in the Subscription Plan previously subscribed by our customer.
   5. Every Subscription plan have its expiry date and renewal is necessary before the expiry date to ensure continuous access to the service.
   6. User are solely responsible to contact Tuabay for the subscription renewal.
   7. We make reasonable and with best effort to inform our user before the expiry date, and the user must take necessary action to complete the renewal process before expiry.
   8. Failure to make payment in time may result of blocked access to account or service.
7. Payment and Refund
   1. TUABAY will only accept payment in bank transfer, Telegraphic Transfer, credit card and e-wallet from user for services require payment.
   2. Payment method is decided by Tuabay and depending on the availability of the payment method at the point of payment that require to be make by user.
   3. A refund to user, if applicable, shall be made payable to the same credit card used during the payment or direct to the user’s personal bank account under the same registered name of the account. If user are not able to provide a proof of the identity of the account, no refund will be processed. Should refund is allowed and approved by Tuabay, may takes up to 45 days to process.
   4. Full refund if user did not use any services of function within the system and the request of cancellation of account is made within 7 days after account activation.
   5. Should the activated account exceeded 7 days, any refund, if applicable and approved by Tuabay, shall be pro-rated with minimum of one(1) month of usage.
   6. A refund to user, if applicable, shall be pro-rated based on the end date of the services running within Tuabay Platform which was initiated by user, and NOT the date request was receive.
   7. Tuabay reserved the rights to determine how and when refund is made. Tuabay to have the final decision on the refund, whether it is granted or not, solely at our discretion.
8. Delivery and Dispute
   1. User with Merchant Account must agree to fulfill the rewards or offers promised to another User which is stated in the partnership proposal, once the condition stated is also fulfilled by the User with intention for redemption.
   2. Expired rewards and benefit shall not entitle for any redemption and it shall be marked as expired.
   3. TUABAY will only assist to the best ability to resolve and mediate any dispute between the User if necessary and both User are required to resolve the dispute privately to come to a settlement.
9. Brand Assets
   1. All use of Brand Asset required authorization from Tuabay, and if you are allowed, you shall receive a formal confirmation via email and you must follow the guideline provided.
   2. There are specific Brand Asset that allowed to be used with your business without any authorization required from us, and such Brand Asset may publish on specific page within Tuabay.com, where you can download and use it with conditions that you are a customer, affiliate or promoting Tuabay in good faith.
   3. Unauthorized use of the Tuabay’s Brand Asset may result in legal action, including but not limited to injunctive relief and damages.
   4. When it comes to Tuabay’s Brand Asset, you are prohibited to:
      1. Modify, distort, or alter in any way
      2. Use our Brand Asset in a way that is misleading, defamatory, obscene, or unlawful.
      3. Use our Brand Asset in any manner that may damage Tuabay’s reputation.
      4. Incorporate our Brand Asset into your own logos, trademarks, or branding.
      5. Use the Brand Asset in a way that suggests an association or partnership with Tuabay without authorization.
   5. We reserves the right to revoke permission to use the Brand Asset at any time and for any reason based on our discretion.
10. Modification
    1. TUABAY reserves the right, at its sole discretion, to modify any part of the Site, Software, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
11. No Endorsement
    1. TUABAY does not endorse any Merchant, Consumer, User, business, entity or any commercial authenticity of any type. In addition, although these Terms require Users to provide accurate information, we do not attempt to confirm, and do not confirm, any User’s purported identity, but may do so at our best effort basis or at any point of time we require to.
    2. TUABAY’s only role in any transaction between the User is that of a facilitator and intermediary whose Tuabay Platform has allowed the Users to established partnership and business relationship with each other and work out the details of the transaction that meets their respective needs. TUABAY has no responsibility for any party’s performance of its obligations in that transaction.
    3. TUABAY may post listings of merchant and its relevant information whose has become a customer of Tuabay which is serves as a suggestion or additional information to Users. Users are required to make their own decision of whether such information is useful and agree not to hold TUABAY liable for any damage or harm resulting from your action with the suggestion or any information posted.
    4. By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users, Merchant or other third parties will be limited to a claim against the particular Users, Merchant or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from TUABAY with respect to such actions or omissions. Accordingly, you agree to communicate directly with the Users or Merchant regarding any claims you may have.
12. User Conduct
    1. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of Tuabay Platform. In connection with your use of Tuabay Platform and its relevant services, you may not and you agree that you will not:
       1. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by TUABAY by any of TUABAY’s providers or any other third party (including another user) to protect the Site, Software, Services, Application or Tuabay Platform;
       2. abuse the Tuabay Platform by creating multiple fake accounts to complete multiple transactions;
       3. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
       4. use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site or Tuabay Platform.
       5. use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
       6. copy, store or otherwise access any information contained on the Site, Tuabay Platform, Software, Application, Services or Content for purposes not expressly permitted by these Terms;
       7. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
       8. interfere with or damage our Site, Tuabay Platform, Software, Application, Services or Content, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
       9. use our Site, Tuabay Platform, Software, Application, Services or Content to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
       10. use our Site, Tuabay Platform, Software, Application, Services or Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
       11. “stalk” or harass any other user of our Site, Tuabay Platform, Software, Application, Services or Content to collect or store any personally identifiable information about any other user other than for purposes of transacting as an TUABAY customer;
       12. contact a user, merchant or consumer for any purpose other than asking a question related to a transaction where both party involved.
       13. when acting as a visitor or otherwise, recruit or otherwise solicit any User, Merchant or Consumer to join third party services or websites that are competitive to TUABAY, without TUABAY’s prior written approval;
       14. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
       15. use automated scripts to collect information or otherwise interact with the Site, Tuabay Platform, Software, Application, Services or Content.
       16. use our Site, Tuabay Platform, Software, Application, Services or Content to contact user, merchant or consumer to complete any form of transaction independent of the Site, Tuabay Platform, Application or Services in order to circumvent the obligation to pay any Service Fees related to TUABAY’s provision of the Services;
       17. as a user, submit any information with a false or misleading information, or submit any information, promises or offer that you do not intend to honor;
       18. or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates any Malaysia law. Such as a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
       19. systematically retrieve data or other content from our Site, Tuabay Platform, Software, Application, Services or Content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
       20. use, display, mirror or frame the Site, Tuabay Platform, Software, Application, Services or Content, or any individual element within the Site, Services, or Application, TUABAY’s name, any TUABAY trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TUABAY’s express written consent;
       21. access, tamper with, or use non-public areas of the Site, Tuabay Platform, Software, Application, Services or Content, TUABAY’s computer systems, or the technical delivery systems of TUABAY’s providers;
       22. attempt to probe, scan, or test the vulnerability of any TUABAY system or network or breach any security or authentication measures;
       23. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Tuabay Platform, Software, Application, Services or Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
       24. share your login information with anyone or allow anyone other than yourself to perform the transaction and communication on behalf of you under your registered account.
    2. TUABAY will have the full rights to investigate, ban and remove any user, merchant, consumer or Content and prosecute violations of any of the above to the fullest extent of the law. TUABAY may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that TUABAY has no obligation to monitor your access to any of our Site, Tuabay Platform, Software, Application, Services or Content or to review or edit any User’s Content, but has the right to do so for the purpose of operating the Site, Tuabay Platform, Software, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. TUABAY reserves the right, at any time and without prior notice, to remove or disable any user, merchant or consumer to access to our Site, Tuabay Platform, Software, Application, Services at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Tuabay Platform, Software, Application, and Services.
13. User Content
    1. We may, in our sole discretion, permit User to post, upload, publish, submit or transmit your content. By making available any User’s content on or through the Site, Tuabay Platform, Software, Application, and Services, you hereby grant to TUABAY a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User content on, through, or by means of the Site, Tuabay Platform, Software, Application, and Services. TUABAY does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
    2. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site, Tuabay Platform, Software, Application, and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site, Tuabay Platform, Software, Application, and Services. or you have all rights, licenses, consents and releases that are necessary to grant to TUABAY the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or TUABAY’s use of the User Content (or any portion thereof) on, through or by means of the Site, Tuabay Platform, Software, Application, and Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
14. URL and Hyperlinks to 3rd Party Websites
    1. Our Site, Tuabay Platform, Software, Application, and Services may contain links to third-party websites or resources. You acknowledge and agree that TUABAY is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TUABAY of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
15. Warranty, Liability and Disclaimers
    1. IF YOU CHOOSE TO USE THE SITE, TUABAY PLATFORM, SOFTWARE, APPLICATION, SERVICES AND PARTICIPATE IN ANY PROGRAM THAT IS INITIATED BY TUABAY, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TUABAY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, MERCHANT AND CONSUMER, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, TUABAY PLATFORM, SOFTWARE, APPLICATION, SERVICES, AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TUABAY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
    2. TUABAY MAKES NO WARRANTY THAT THE SITE, TUABAY PLATFORM, SOFTWARE, APPLICATION, SERVICES, CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY PROGRAM THAT TUABAY INITIATED WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TUABAY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, AND SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TUABAY OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
    3. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, TUABAY PLATFORM, SOFTWARE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, TUABAY PLATFORM, SOFTWARE, APPLICATION AND SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY USER, MERCHANT OR CONSUMER.
    4. YOU UNDERSTAND THAT TUABAY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS, MERCHANT OR CONSUMER.
    5. TUABAY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, TUABAY PLATFORM, SOFTWARE, APPLICATION AND SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES.
    6. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TUABAY.
    7. TUABAY DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AND AFFILIATES, NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, WHETHER INCIDENTAL NATURE, PUNISHMENT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM ANY USE OF THE SITE, APPLICATION OR SERVICES BY YOU OR FOR ANY OTHER CLAIM THAT ASSOCIATED WITH THE SITE FROM YOUR USAGE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR INCOMPLETENESS IN ANY CONTENT, OR LOSS OR DAMAGE OF ANY KIND ARISING AS RESULT OF USE OF THE CONTENT OR ANY PRODUCT THAT POSTED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES AND CLAIMS HAVE BEEN ADVISED.
    8. TUABAY WILL COMPLY TO FAIR BUSINESS TO PROTECT THE INFORMATION THAT YOU PROVIDED TO THE SITE, TUABAY PLATFORM, SOFTWARE, APPLICATION AND SERVICE, BUT YOU ALSO AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND HEREBY DISCLAIM TUABAY ANY AND ALL LIABILITY TO YOU FOR DAMAGES OR LIABILITY WHATSOEVER ASSOCIATED TO THE INFORMATION IN ANY FORM AND HOW.
    9. TUABAY DOES NOT EXPRESS AND MAKES NO WARRANTY THAT TUABAY WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND TUABAY DISCLAIM ANY LIABILITY RELATING THERETO. YOU WILL BE SOLELY RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
    10. GOVERNING LAW: These Terms of Use will be governed by and construed in accordance with the laws of Malaysia, and the courts of Malaysia will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Use.