Terms of Use

 

The following Terms and Conditions apply to Your use of the Services (as hereinafter defined) provided by TipTop (as hereinafter defined) (“TipTop“). You acknowledge that You have read and fully understood these Terms and Conditions. Your use of the Services constitutes Your unconditional and irrevocable acceptance to be bound by these Terms and Conditions as may be amended from time to time. You must ensure that any person You allow to use the Services complies with these Terms and Conditions.

 

General Terms and Conditions

TipTop reserves the right to amend, modify, add or remove any provisions under these Terms and Conditions at any time as deemed necessary and such changes shall become effective twenty-one (21) days from the date of upload and publication on the TipTop Enterprise App (“TEA app”) and/or web portal. You agree that Your continued use of the Services shall constitute Your acceptance of these Terms and Conditions including any terms which may have been amended from time to time. You further agree that You are solely responsible to regularly check these Terms and Conditions for updates or amendments.

 

1. Definitions

For the purpose of these Terms and Conditions, the following terms shall, unless the context otherwise requires, have the meanings as defined below. All other terms not defined herein shall have the have the meaning as may generally be accepted within the industry based on the context used herein:

“Account” means an account registered and maintained by You with TipTop to subscribe to the Services as provided in the TEA app.

“Activation” or “Activated” means the point in time when the Services are activated in TipTop’s System.

“Intellectual Property” means any copyright, patent, design, trademark, application to register any of the aforementioned rights, trade secrets, rights in know-how, and any other intellectual or industrial property right of any nature whatsoever subsisting in any part of the world.  

“TipTop” means TipTop, a division under PETRONAS Dagangan Berhad (Company No. : 198201008499 (88222D)) a company incorporated under the laws of Malaysia and having its registered office at Tower 1, PETRONAS Twin Towers, Kuala Lumpur City Centre, 50088 Kuala Lumpur, Malaysia.

“TipTop’s System” means the system utilised by TipTop in providing the Services, which includes the TEA app.

“Device” means the internet enabled device together with accessories which compatible for the use of the Services.

“Personal Data” means the personal information collected by TipTop from You for the purpose of the registration for the Services as prescribed under Clause below. For further details regarding the usage of Personal Data, please refer to the TEA Privacy Statement;

“Process” means any operation carried out with personal data, such as those relating to collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, elimination, evaluation or control of information, modification, communication, transfer , diffusion or extraction;

“Service(s)” means the TEA app/ Web Portal, the contents of the TEA app/Web Portal which enables You to conduct related activities as may be notified by TipTop to You from time to time;

“User ID” means the username used to access the TEA app/Web Portal;

“Working Days” means Mondays to Fridays 9 A.m to 6 P.m excluding public holidays.

“You” or “Your” means the person authorised to use the Services subject to the Terms and Conditions herein and/or an entity of whatsoever description including but not limited to a sole proprietorship, a partnership, a body corporate or otherwise governmental bodies and agencies of any kind established under the laws, rules and/or regulations for the time being in force and which may come into force.

 

2. Use of Service

2.1 You may register to use the Services by (“Registration”) downloading the TEA app on Your mobile device and register an account with TipTop by providing the following details via email to tiptop@petronas.com.my:

1. username (“User ID”);
2. password; 
3. station email address (e.g. “tiptop+dealer@petronas.com”);
4. company name and address;
5. corporate mobile number; and
6. type of mobile phone and operating system.

2.2 Upon successful Registration, you shall receive a confirmation email and log in credentials from TipTop which shall be sent to your email address.

 

3. Your Responsibility

3.1 You shall:

1. provide true, accurate and complete information to TipTop and immediately inform TipTop of any changes or updates in any particulars of Your Personal Data. TipTop shall not be responsible or liable whatsoever and howsoever to You due to any inaccurate or incomplete information provided to TipTop;
2. Only use the Services for the purpose for which it is subscribed;
3. Comply with all notice or instruction given by TipTop from time to time in relation to the use of the Services;
4. Be responsible for all equipment and software necessary to use the Services and also for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the Services;
5. Acknowledge that TipTop is not liable for any losses or damages suffered by You or any other person as a result of using information obtained using from the Services, including but not limited to, any damage to or loss of data caused by a virus or similar program;
6. Acknowledge that TipTop may extract Personal Data or any other data required to be used as evidence in court and/or when necessary in the event of a suspected and or proven misuse of the Services;
7. Be responsible for all usage of and all charges for the Services including but not limited to payment of all the Service charges and any other related charges pursuant to these Terms and Conditions in a timely manner;
8. Keep Your Personal Data, User ID and password confidential at all times and shall take all steps to prevent disclosure of Your Personal Data, User ID and password;
9. Be solely responsible and liable for the integrity of all information and data transmitted, disclosed and/or obtained through the use of the Services or broadcasted by You or any persons;
10. Immediately notify TipTop of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to Your Account and/or its use;
11. Comply with the provisions of these Terms and Conditions;
12. Comply with all applicable laws relating to the Services, including without limitation the acts, statutes, by-laws, rules and regulations issued by relevant government and regulatory agencies which may be amended from time to time;
13. Take all reasonable steps to prevent fraudulent, improper or illegal use of the Services;
14. Cease to utilise the Service or any part thereof for such period as may be required by TipTop; and
15. Fully indemnify and shall keep indemnified TipTop from and against any losses, damages, liabilities, expenses, demands or claims whatsoever arising from any claims made by any third party for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever arising from the content transmitted, received or stored via the Services or part thereof and for all other claims arising out of or in connection with Your default, acts, omissions and/or negligence or any unauthorized use or exploitation of the Services or part thereof.

 

3.2 You shall not:

1. Use, display, mirror or frame the TEA app, or any individual element within the TEA app, TipTop’s name, any TipTop’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TipTop’s express written consent;
2. Access, tamper with, or use non-public areas of the TEA app, TipTop’s computer systems, or the technical delivery systems of TipTop’s providers;
3. Attempt to probe, scan, or test the vulnerability of any TipTop’s System or network or breach any security or authentication measures;
4. Bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by TipTop or any of TipTop’s providers or any other third party (including another user) to protect the Services;
5. Attempt to download information from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by TipTop or other generally available third party web browsers;
6. Send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
7. Use any meta tags or other hidden text or metadata utilising a TipTop trademark, logo, URL or product name without TipTop’s express written consent;
8. Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms and Conditions, unless expressly permitted;
9. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services send altered, deceptive or false source-identifying information;
10. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
11. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the TEA app;
12. collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
13. impersonate or misrepresent Your affiliation with any person or entity;
14. violate any applicable laws or regulations;
15. encourage or enable any other individual to do any of the foregoing; or
16. directly or through the use of any device, software, internet site, web or app-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark or other proprietary notices marked on the Products or any digital rights management mechanism, device, or other content protection or access control measure associated with the Services including geo-filtering mechanisms.

 

4. TipTop’s Rights

4.1 TipTop reserves the right to make any alteration or changes to the Services, or any part thereof, or suspend the Services or any part thereof without prior notice and TipTop shall not be liable for any losses or inconveniences to You resulting therefrom.

4.2 TipTop reserves the right at its absolute discretion, from time to time, to vary, add to or otherwise amend these Terms and Conditions or any part thereof. Your continued use of the Services after the effective date of any variation, addition or amendments to the terms and conditions of the Agreement shall constitute Your unconditional acceptance of such variations, additions or amendment.

 

5. Data Privacy

5.1 You hereby acknowledge the TEA App Privacy Notice, which shall be deemed to be incorporated herein by reference and forms an essential and integral part of these Terms and Conditions. This Terms of Use shall be read together with the TEA Privacy Statement which can be accessed at Privacy Policy
 

5.2  You further acknowledge that TipTop’s will process of Your Personal Data in accordance with the terms of our TEA Privacy Statement and for Your Personal Data will be used and/or disclosed in accordance with the Law 13,709 of 2018 (Lei Geral de Proteção de Dados or LGPD). By registering an Account with TipTop and/or by using the Services, your Personal Data may be disclosed to and/or stored and/or processed by third parties as may be necessary for the purposes of providing the Services to You.

 

6. Disclaimer

6.1 The Services offered on or listed through the TEA app is provided on an “as is” and “as available” basis and all warranties, express or implied are disclaimed, including but not limited to the disclaimer of any implied warranties of title, non-infringement, merchantability, quality and fitness for a particular purpose. You accept that TipTop do not represent or warrant that the information and Services will be error free as there may be bugs, errors, problems or other limitations. You agree not to hold TipTop liable for Your use of any information or Services.

 

7. TipTop’s Liability

7.1 TipTop shall not be liable to you or anyone else for any losses or injuries or any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, data, revenue or profits, whether in action of contract, negligence or other tortuous actions, arising out or in connection with Your use of the Services.

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7.2 The TEA app may contain links to other websites, which are not operated by TipTop. When You activate such links, You will leave the TEA app and TipTop has no control over, and will accept no responsibility or liability in respect of, the material on any website or app which is not under TipTop’s control.

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7.3 TipTop shall not be liable for, and you agree to indemnify TipTop against all claims, losses, liabilities, proceedings, demands, costs and expenses which may result or which TipTop may sustain in connection with or arising from the provision of the Services to you.

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7.4 Without prejudice to the foregoing, in the event of a court or tribunal holds or finds TipTop liable to you for any breach or default of TipTop, you agree that the amount of damages payable by TipTop to you shall not at any time exceed the sum of Ringgit Malaysia One Hundred (RM100.00) notwithstanding any order, decree or judgement to the contrary.

 

8. Matters Beyond TipTop’s Control

8.1 Without limiting the generality of any provision in this Terms and Conditions, TipTop shall not be liable for any failure to perform its obligations herein caused by an act of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of Government, or any competent authority, labour trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, floods, acts or omission of persons or bodies for whom TipTop has no control over or any cause outside TipTop’s reasonable control.

 

8.2 Notwithstanding the event prescribed in Clause 8.1 above, You shall remain obliged to pay all fees and charges, if any, which are outstanding and/or due and payable to TipTop in accordance with the Terms and Conditions.

 

8.3 You acknowledge that the Services may occasionally be affected by network or data interference caused by telecommunication service providers beyond TipTop’s control. In the event of such interference, TipTop shall not be responsible for any inability to use or access the Services, interruption or disruption of the Services.

 

9. Intellectual Property Rights 

9.1 All rights, title and interest including, but not limited to, copyright and other Intellectual Property rights in and to the Services (including but not limited to all graphic/image and text files on the TEA app) are owned by TipTop. Such rights are protected by copyright laws, and international treaty provisions. TipTop retains all rights not expressly granted herein.

 

9.2 Save as expressly provided herein, no licence is granted to You with respect to our Intellectual Property and You shall not use, copy, reproduce, transmit or distribute any component or part of TipTop’s Intellectual Property without TipTop’s prior written consent.

 

10. Restrictions

10.1 TipTop reserves the right to refuse permission to use the Services or suspend any Account to any individual or company for any reason and may do so without prior notice.

 

11. Suspension and Termination

11.1 You may at any time terminate Your Account by giving TipTop prior written notice. The Services shall be terminated within ten (10) Working Days from receipt of the termination notice by You.

 

11.2 TipTop reserves the right to cancel, withdraw, terminate or suspend the Services for any reason whatsoever at its sole discretion by way of a notice to You. You agree that TipTop shall not be liable to You or to any other party for such cancellation, withdrawal, termination or suspension of the Services.

 

12. Notices

12.1 All notices, requests, notice of demands, writ of summons, all other legal process and/or other communications or documents to be given by TipTop to You shall be in writing and sent to your last known address.

 

12.2 All notices, requests, notice of demands, writ of summons, all other legal process and/or other communications or documents to be given by you to TipTop shall be in writing and sent to the following address:  

 

PETRONAS Dagangan Berhad (TipTop), 

PETRONAS Twin Towers, 

Level 32, Tower 1, 

Kuala Lumpur City Centre, 

50088 Kuala Lumpur, 

Federal Territory of Kuala Lumpur,

 

Or via email at tiptop@petronas.com.my or such address as notified in writing by TipTop to You.

 

12.3 All notices, requests, notice of demands, writ of summons, all other legal process and/or other communications or documents given by either party to the other pursuant to this clause shall be deemed to have been served if:

1. sent by registered post, on the second Working Day after the date of posting unless it is returned undelivered;
2. sent by ordinary post, on the fifth Working Day after the date of posting irrespective unless it is returned undelivered;
3. hand delivered, upon delivery; and
4. sent by email, upon successful delivery of the email.

 

13. General

13.1 Governing Law

These Terms and Conditions shall be governed and construed in accordance with the laws of Brazil and both parties agree to submit to the exclusive jurisdiction of Malaysian courts.

 

13.2 Assignment

You are not permitted to assign or novate any or part of Your rights or obligations under the Terms and Conditions to any party, without TipTop’s prior written consent. TipTop may assign or novate all or part of the Terms and Conditions to another business entity, or another subsidiary within PETRONAS Dagangan Berhad or to any of its subsidiaries/ related third party without Your prior consent.

 

13.3 Indulgence and Waiver

No delay or indulgence by TipTop in enforcing any provision of these Term and Conditions nor the granting of time by TipTop to you shall prejudice the rights or powers of TipTop nor shall any waiver by TipTop of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.

 

13.4 Severability and Effect of these Terms and Conditions

If any of the provision of these Terms and Conditions should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.