PICSUS SERVICE LEGAL

1. Contractual Relationship

        

        These Terms of Use (Terms) govern the access or use by you, an individual, from within any country in the world and its territories and possessions of applications, websites, content, products, and services made available by PicsUs Service, a private liability company established in Malaysia, registered at Companies Commission of Malaysia (SSM) under number MA0232814-T (PicsUs Service).

        

        PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

        

        Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and PicsUs Service. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. PicsUs Service may immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.

        

        Supplemental terms may apply to certain Services, such as policies for a particular event, activity, or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

        

        PicsUs may amend the Terms related to the Services from time to time. Amendments will be effective upon PicsUs Service's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

        

        Our collection and use of personal information in connection with the Services is as provided in PicsUs Service’s Privacy Policy located at https://www.picsus-my.com/request. PicsUs Service may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider and such information or data is necessary to resolve the complaint, dispute or conflict.

        

2. The Services

        

        The Services constitute a technology platform that enables users of PicsUs Service’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule photography services with independent third party providers of such services, including independent third party photography providers and independent third party information providers under agreement with PicsUs Service or certain of PicsUs Service’s affiliates (“Third Party Providers”). Unless otherwise agreed by PicsUs Service in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT PICSUS SERVICE DOES NOT PROVIDE PHOTOGRAPHY SERVICES AND THAT ALL SUCH PHOTOGRAPHY SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY PICSUS SERVICE OR ANY OF ITS AFFILIATES.

        

        Restrictions.

        

        You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by PicsUs Service; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

        

        Third-Party Services and Content.

        

        The Services may be made available or accessed in connection with third-party services and content (including advertising) that PicsUs Service does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. PicsUs Service does not endorse such third party services and content and in no event shall PicsUs Service be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation, or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.

        

        Ownership.

        

        The Services and all rights therein are and shall remain PicsUs Service’s property or the property of PicsUs Service’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner PicsUs Service’s company names, logos, product and service names, trademarks or services marks or those of PicsUs Service’s licensors.

        

3. Your Use of the Services

        

        User Accounts.

        

        In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to PicsUs Service certain personal information, such as your name, address, mobile phone number, and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or PicsUs Service’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Pics Us in writing, you may only possess one Account.

        

        User Requirements and Conduct.

        

        The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive photography services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

        

        Text Messaging.

        

        By creating an account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from PicsUs Service at any time by following the directions found at https://www.picsus-my.com/contact to SMS-unsubscribe. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

        

        User-Provided Content.

        

        PicsUs Service may, in PicsUs Service’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to PicsUs Service through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to PicsUs Service, you grant PicsUs Service a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sub-license, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and PicsUs Service’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

        

        You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant PicsUs Service the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor PicsUs Service’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

        

        You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by PicsUs Service in its sole discretion, whether or not such material may be protected by law. PicsUus Service may, but shall not be obligated to, review, monitor, or remove User Content, at PicsUs Service’s sole discretion and at any time and for any reason, without notice to you.

        

        Network Access and Devices.

        

        You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. PicsUs Service does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

        

4. Payment

        

        You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges ”). After you have received services or goods obtained through your use of the Service, PicsUs Service will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as a payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable unless otherwise determined by PicsUs Service. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. PicsUs Service will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.

        

        All Charges are due immediately and payment will be facilitated by PicsUs Service using the preferred payment method designated in your Account, after which PicsUs Service will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that PicsUs Service may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.

        

        As between you and PicsUs Service, PicsUs Service reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in PicsUs Service’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. PicsUs Service will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. PicsUs Service may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.

        

        This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to photographer services requested through the Application, PicsUs Service does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by PicsUs Service (on PicsUs Service’s website, in the Application, or in PicsUs Service’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that PicsUs Service provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

        

        Repair or Cleaning Fees.

        

        You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider photography tools or items and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by PicsUs Service in PicsUs Service’s reasonable discretion, PicsUs Service reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by PicsUs Service to the applicable Third Party Provider and are non-refundable.

        

5. Disclaimers; Limitation of Liability; Indemnity.

        

        DISCLAIMER.

        

            THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PICSUS SERVICE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, PICSUS SERVICE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. PICSUS SERVICE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

        

        LIMITATION OF LIABILITY.

        

        PICSUS SERVICE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF PICSUS SERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PICSUS SERVICE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF PICSUS SERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PICSUS SERVICE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PICSUS SERVICE’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PHOTOGRAPHER PROVIDERS PROVIDING PHOTOGRAPHY SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER PHOTO-SHARING SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL PICSUS SERVICE’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE HUNDRED US DOLLAR ($500).

        

        PICSUS SERVICE’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE PHOTOGRAPHY, GOODS OR PORTRAIT SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT PICSUS SERVICE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PHOTOGRAPHY, GOODS OR PORTRAIT SERVICES PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

        

        THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

        

        Indemnity.

        

        You agree to indemnify and hold PicsUs Service and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) PicsUs Service’s use of your User Content; or (iv) your violation of the rights of any third party, including Third-Party Providers.

        

6. Governing Law

        

        This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be referred to the Asian International Arbitration Centre (“AIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of the AIAC in accordance with the Rules.

 

       The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

 

        No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service.

 

        If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.

 

        The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

 

        You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from the third party photography provider under this Agreement.

 

        The Company is a licensee of PicsUs Service (Company No. MA0232814-T and having its registered address at No.6, Jalan VK5, Taman Vista Kirana, 75450 Melaka, Malaysia) for the Application.

 

7. Other Provisions

        

        Claims of Copyright Infringement.

        

        Claims of copyright infringement should be sent to PicsUs Service’s designated agent. Please visit PicsUs Service’s web page at https://www.picsus-my.com/legal for the designated address and additional information.

        

        Notice.

        

        Pics Us may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to PicsUs Service by written communication to PicsUs Service's address at No.6, Jalan VK5, Taman Vista Kirana, 75450 Melaka, Malaysia.

        

        General.

        

        You may not assign or transfer these Terms in whole or in part without PicsUs Service’s prior written approval. You give your approval to PicsUs Service for it to assign or transfer these Terms in whole or in part, including to (i) a subsidiary or affiliate; (ii) an acquirer of PicsUs Service’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment, or agency relationship exists between you, PicsUs Service or any Third Party Provider as a result of the contract between you and PicsUs Service or use of the Services.

        

        If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity, and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replace and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

        

8. Assignment

        

        This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of PicsUs Service's but may be assigned without your consent by PicsUs Service. Any purported assignment by you in violation of this section shall be void.