1. Overview

2. Account and Security

The user is required to create an account on the Platform in order to gain access to the use of any services and functionality on the Platform that Wemotoo may establish and maintain at all material times and in its sole discretion.
The collection, processing, transfer and usage of any personal data provided to us shall be governed by the Privacy Policy.
The user is solely responsible for the activity that occurs on the user’s account even if such activities or uses were not committed by the user, and the user must keep its account password secure. If there shall be any breach of security or unauthorized use of the user’s account, the user must notify Wemotoo immediately of the same. Wemotoo shall not be liable for any losses caused by any unauthorized use of the user’s account.
The user warrants that the user’s use of the Platform will not violate any applicable laws, and that the user will not engage in any activity that may cause interference, disruption, harm or cessation of transmission through the Platform. If a legal dispute or law enforcement action is commenced related to the user’s account for any reason, Wemotoo may terminate the user’s account immediately with or without notice. Wemotoo shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, the user’s failure to comply with this clause.
The user acknowledges and agrees that Wemotoo reserves the right to disable access to, suspend or terminate the user’s account without providing reason and prior notice and shall further be entitled to terminate and/or suspend the Services at any time. The user may then be prevented from accessing the user’s account including the Services contained on the Platform. The user may request for reactivation and Wemotoo shall have absolute discretion on deciding whether to reactivate the user’s account.

3. Services

The Platform shall have the following functions (“Services”):
1. to serve as e-ticketing platform for the sale of tickets (“Ticket” and “Tickets” shall be construed accordingly);
2. to create community for the motorsport fans to connect; and
3. such other functions that may be provided by Wemotoo from time to time.

4. E-Ticketing Platform

Wemotoo may act as the organizer of the event (“Organizer”) or the agent for the sale of the Tickets (“Agent”).
Wemotoo shall publish the information of the event and the terms and conditions for the purchase of the Tickets on the Platform.
Tickets holders are responsible to take note of and adhere to the terms and conditions for the Tickets.
Wemotoo reserves the rights to change or amend any terms and conditions to the Ticket at any time at its sole and absolute discretion without prior notice. Additional terms and conditions may appear on the Tickets itself and the holder/purchaser of the Ticket shall be bound by the same.
Where Wemotoo is acting as an Agent, the user agrees and acknowledges that in relation to the sale of Tickets which are owned by the third party Organizer:-
1. the Platform is merely a platform which, amongst others, provides a place and opportunity for the sale and purchase of the Tickets between the Organizer and the user;
2. Wemotoo does not own the Tickets sold on the Platform;
3. in particular but without derogation to the other provisions of this Terms, Wemotoo is not responsible or liable for any of the following:
• the actual availability of the Tickets, despite the number of Tickets stated as available on the Platform as provided by the Organizer;
• the legality of any aspect of the event listed on the Platform; and
• the accuracy of the descriptions of the event listed on the Platform;
4. in this connection, the user is responsible to conduct his own due diligence with respect to whether the event organised is legitimate;
5. the sale of Tickets may be subject to any additional terms and conditions of the Organizer. Wemotoo may, but shall not be obliged to request for and publish such information on the Platform;
6. should the users have any dispute, complaint and/or claim against the event listed on the Platform, the user’s recourse is to initiate a claim against the relevant Organizer. Wemotoo does not bear any responsibility and liability whatsoever;
7. the actual contract for sale is directly between the Organizer and the user. Wemotoo is not a party to that and accepts no obligations in connection with any such contract; and
8. Wemotoo is not responsible for additional or different terms, conditions, limitations and restrictions that may be imposed by the Organizer on the sale of Tickets. In the event that the Organizer refuses to honour the Tickets without cause or contrary to law or this Terms or for any reason whatsoever, the user may have a recourse against the Organizer whereas Wemotoo shall not be held liable for the Organizer’s default. Wemotoo also reserves the right at its sole discretion to discontinue the sale of Tickets on the Platform at any time.
The user must be at least 18 years of age to use the Services, including to purchase the Tickets. Wemotoo may require the user to provide his proof of age to proceed with the use of Services. By agreeing to this Terms, the user represents and warrants that the user is at least 18 years old. If the user is younger than 18 years of age, the user confirms that he has the permission of his parent or legal guardian who has consented to this Terms.
Wemotoo reserves the right to limit the number of the tickets that can be purchased by the user.
The sales and services tax (SST) and all applicable tax imposed by the relevant authorities shall solely be borne by the Ticket holder for every Ticket purchased.
The Ticket holder must abide by the terms set by the Organizer to gain entry for the event in question, which may include producing the Ticket in soft or hard copy upon the entering of the event, failing which the Organizer shall be entitled to refuse entry of such user.
Wemotoo will not be responsible for any leakage of the Ticket to third party or any Ticket that is lost or destroyed.
Ownership or possession of the Ticket does not confer any rights (by implication or otherwise) on the purchaser to use, alter, copy and/or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Ticket.
Tickets may be issued in the name of a particular individual and may not be subject to transfer and/or assignment.

6. Postponement, Cancellations and Refunds

All Tickets sold are final and no exchanges and refunds are permitted unless expressly permitted by the policies of the Organizer.
If the event is cancelled (for reason other than as provided in clause 6.4(b)), a notice will be posted on Wemotoo’s Platform or such other platform designated by Wemotoo and/or by the Organizer itself (“Notice”). The Notice may contain the procedures for requesting a refund and the period of time within which the purchaser could request a refund (if applicable).
In the event of postponement, the Ticket purchased for the original event date may be applicable and valid for the new event date unless otherwise notified, in accordance with the policies of the Organizer.
The user acknowledges and agrees that the obligation and liability for any refund, defects, and/or replacement of the Tickets are ultimately subject to the policies of the Organizer. Accordingly, if you have any dispute, claim and/or demand with respect to such matters (and all matters incidental thereto), your recourse and remedy shall lie with the Organizer, and NOT Wemotoo. Without derogation to the generality of the foregoing, you are not entitled to refund for the Ticket in any of the following circumstances:-
1. where the event is postponed for any reason whatsoever;
2. where there is a cancellation of event due to Force Majeure (as hereinafter defined); and
3. where the Ticket holder does not show up in the event.

7. Assumption of Risk

8. Changes to Event

9. Purchase and Payment

Payment in consideration of the Tickets may be made via credit/debit card, cash or such other payment methods as may be prescribed by Wemotoo (“Payment”).
Where applicable, the user warrants that the credit/debit card and/or bank account details provided by the user is the user’s own credit/debit card and that the user has sufficient funds to make the Payment.
Payment shall be collected by Wemotoo or Wemotoo’s authorised agent(s), if any, as may be determined at Wemotoo’s sole and absolute discretion.
Wemotoo takes no responsibility and assumes no liability for any losses or damages arising from the inability of the third party Organizer or the third party payment gateway to process the user’s Payment, wrong payer information entered by the user, wrong remittance by the user in connection with the Payment or any such act or omission not within control of Wemotoo. Wemotoo reserves the right to check whether the user is duly authorized to use certain payment method and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available or when Wemotoo has verified that the relevant transaction involved an unauthorized payment.
Users may contact Wemotoo through any way of notices as stipulated herein if the user requires any assistance, clarification or correction from Wemotoo. For the avoidance of doubt, Wemotoo is not obliged to reply to the same.

10. Conditional Use Of Our Platform And Services

All contents in the Platform are protected by intellectual property laws. All rights, title and interest contained in the Platform are owned by, licensed to or controlled by Wemotoo or its service providers or partners.
Wemotoo grants the user a limited, non-exclusive, non-transferable, revocable licence to download and install the mobile application and to use the Platform for the user’s personal, non-commercial use for lawful purposes.
Save as otherwise provided, the contents in the Platform shall not be reproduced, distributed, disseminated, retransmitted, published, modified or created as derivative work, commercially exploited or sold without the prior consent in writing of Wemotoo. In the event where Wemotoo allows sharing of content for promotional or any other purposes, the user shall not remove or attempt to remove any of Wemotoo’s name, trademark or logo from such contents.
Wemotoo reserves the right at any time and without prior notice, to remove or disable access of users to any contents displayed on the Platform.

11. Liability & Indemnity

The user acknowledges and agrees that to the maximum extent permitted by applicable law, the user shall use the Services at its sole risk. The Services including the products on the Platform are provided on an “as is” basis and Wemotoo shall not be liable for any unavailability of the Services or any inaccuracy of the product information.
Wemotoo will not be held liable or indemnify users for any disruption, interference, outage or non-transmission, loss of content, damage to your electronic devices caused by any bugs, virus or the like which may be transmitted through the actions of any party.
Wemotoo makes no warranty with respect to the software of the Platform, the quality and effectiveness of the Services, any Tickets, any event, or that the Organizer will perform as promised. Where applicable and to the maximum extent permitted by applicable law, Wemotoo disclaims all warranties, express or implied, of merchantability, fitness for a particular purpose or non-infringement.
Wemotoo shall not be liable for the conduct of the third party Organizer or any other third parties and that the risk of injury from such third party rests entirely with the user. The user understands that Wemotoo does not verify or attempt to verify the statement and/or information provided by the third party by showing the statement and/or information of such third party on the Platform.
The user agrees that Wemotoo shall not be liable for any of the user’s loss of profits, data, direct or indirect, incidental, special or consequential damages, arising out of or in connection with: the user’s access to, use of or inability to access to or use the Platform, the Services and/or any content or information provided by the third parties; any unauthorised access or transmission of the user’s data; and/or any loss of opportunity or business interruption.
Where the user shall obtain any advice or information from Wemotoo’s personnel in any manner, whether oral or written, such advice or information shall not be deemed as creating a warranty or representation for this Terms.
The user agrees to defend, indemnify (and keep indemnified) and hold Wemotoo and its affiliates (if any) and its/their agents, directors, officers, employees, successors and/or assignees harmless from and against any claims, liabilities, damages, costs, judgments, losses or expenses (including reasonable legal fees on a full indemnity basis), arising out of or in connection with:
1. the user’s violation or breach of any terms, conditions, representations and/or warranties of this Terms; and/or
2. Wemotoo’s enforcement or attempt to enforce the obligations of the user, other than where any such claim, liabilities, damages, costs, judgments losses or expenses arises solely as a result of Wemotoo’s negligence.

12. General

Illegality and Severability
If any clause in this Terms is found by a competent court to be invalid, illegal, void, voidable or unenforceable for any reason, the remaining part of that clause and all other clauses of this Terms shall remain valid and enforceable to the fullest extent permitted by law.
Remedies and Waiver
Any failure or delay by Wemotoo to enforce or exercise any clause of this Terms, rights and remedies at law or in equity shall not preclude any other or further exercise of Wemotoo’s rights and remedies.
Governing Law & Dispute Resolution
This Terms shall be governed by and construed in accordance with the laws in force in Malaysia. Any disputes, controversy or claim which may arise at any time hereafter shall be settled by arbitration in accordance with the AIAC Arbitration Rules at Kuala Lumpur Regional Centre for Arbitration (KLRCA), whereas:
1. the seat of arbitration shall be in Kuala Lumpur;
2. the language to be used in the arbitral proceedings shall be in English;
3. before referring the dispute to arbitration, the complainant shall seek on an amicable settlement of that dispute by mediation in accordance with the AIAC Mediation Rules as in force on the date of the commencement of mediation;
4. the arbitration judgement shall be final and shall have binding effect over the relevant parties. Unless otherwise decided by arbitrator, the losing party shall assume all arbitration charges and expenses; and
5. notwithstanding the above, when there is any breach of this Terms, or when injunctive relief may be requested due to irreparable damage, such relevant party may request for injunctive relief,
whereas the user shall attempt to settle the matter within thirty (30) days from the date of dispute by issuing a notice to Wemotoo according to this Terms.
Interpretation
Force Majeure means an event arising out of or caused by, directly or indirectly, beyond a party’s reasonable control, including, without limitation, strikes, lock-outs, movement control order, work stoppages, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, fire, explosion, storm, flood, bad weather, earthquake, subsidence, epidemic, pandemic or other natural disaster or the acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents and/or any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication services.
Reference to any statutory provision shall include such provision as shall be amended from time to time, whether before, on or (in the case of any re-enactment, or consolidation without substantive amendments) after the date hereof, and shall be deemed to include provisions of earlier legislation which have been re-enacted (with or without modification) or replaced (directly or indirectly by such provision) and shall further include all statutory instruments or orders from time to time made pursuant thereto.
References to the singular number shall include references to the plural number and vice versa.
Words denoting one gender include the other gender.
Any reference to "pay", or cognate expressions, includes payments made in cash or effected through inter-bank transfer to the account of the payee, giving the payee access to immediate available, freely transferable, cleared funds.

13. Notices

The user hereby consents to all notices and other communications which are required to be given by Wemotoo under this Terms can be done in any one of the following manners:
1. by ordinary post to the user’s last known address in Wemotoo’s records and such notification shall be deemed received two (2) days after posting;
2. by electronic mail to the user’s last known email address in Wemotoo’s records and such notification shall be deemed received twenty-four (24) hours after sending;
3. by being displayed on the Platform and such notification shall be deemed effective upon such display; or
4. by notification to the user in any other manner as Wemotoo deems fit.
Any notice to be given to Wemotoo shall be in writing and shall be delivered by electronic transmission to the following email address:
wemotoogroup@gmail.com

14. Integral Part Of These Terms

The users hereby acknowledge that the Other Terms, Privacy Policy as well as all other policies that may be prescribed by Wemotoo from time to time shall constitute an integral part of this Terms.