Last Updated: 7 October, 2025

Effective as of: 7 October, 2025

Welcome to PetaQ (“we”, “us”, “our”, “PetaQ”). By accessing or using the portal website at petaq.net (the “Website” or “Portal”) or any services made available through it (collectively, the “Services”), you (“User”, “you”, “your”) agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website or Services.

These Terms include additional policies (such as Privacy Policy, Acceptable Use Policy) which are incorporated by reference. You should read those carefully.

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1. Definitions & Interpretation

1.1 Definitions. In these Terms, unless the context otherwise requires:

• “Account” means a registration account created by a User to access certain features of the Website.
• “Content” or “User Content” means any text, images, video, audio, data, information or materials uploaded, posted or submitted by users or by us on the Portal.
• “Intellectual Property Rights” means copyrights, trademarks, patents, trade secrets, moral rights, and other proprietary rights.
• “Third-Party Services” means services, content or features provided by third parties that integrate with or link from the Website.
• “Malaysian Laws” means the laws, statutes, regulations, rules and decisions applicable in Malaysia, including but not limited to the Electronic Commerce Act 2006.

1.2 Interpretation. Headings are for convenience and do not affect interpretation. Words importing the singular include the plural and vice versa. References to “including” mean “including without limitation”.

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2. Applicability & Acceptance

2.1 Agreement. These Terms constitute a binding legal agreement between you and PetaQ regarding your use of the Website and Services.

2.2 Updates / Amendments. We may revise, change or update these Terms from time to time. Updated Terms will be posted on the Website, and your continued use of the Website after such posting constitutes acceptance of the new Terms. (See Section 14 below.)

2.3 Separate Terms. Some features or services may have additional terms (e.g. for subscription, payment, APIs). In case of inconsistency, those separate terms prevail only to the extent of the conflict.

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3. Registration, Accounts & Access

3.1 Eligibility. You must be at least 18 years old (or a legal minor with parental consent, if permitted under applicable law) and legally capable of entering into binding agreements under Malaysian law.

3.2 Account Registration. To use certain features, you may need to register and create an Account. You must provide accurate, complete information. You are responsible for maintaining confidentiality of your login credentials and restricting access to your Account.

3.3 Account Termination & Suspension. We may suspend or terminate your access (temporarily or permanently) in our discretion (with or without notice) if you breach these Terms or for other reasons (security, inactivity, legal demands).

3.4 Account Security. You must notify us immediately if you suspect unauthorized access or security breach of your Account.

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4. User Obligations, Acceptable Use & Prohibitions

4.1 Acceptable Use. You agree to use the Website and Services only in compliance with these Terms, applicable laws, and any usage policies.

4.2 Prohibited Activities. Without limiting the foregoing, you shall not:

• Use the Website for illegal or unauthorized purposes;
• Upload or transmit any Content that infringes any third party’s rights (including intellectual property, privacy, defamation) or is unlawful, harmful, threatening, obscene, abusive or otherwise objectionable;
• Use or distribute viruses, malware, or harmful code;
• Attempt to gain unauthorized access to other accounts, systems or networks;
• Interfere with the Website’s operation (e.g. overload, denial-of-service, bots, crawling, scraping) except as explicitly permitted;
• Impersonate others or misrepresent your affiliation;
• Reverse engineer, decompile, disassemble or tamper with the Website, unless allowed by law;
• Use the Website in a way that damages, disables or impairs its performance or the experience of other users.

4.3 Suspension / Removal of Content. We reserve the right (but do not always have the obligation) to monitor, moderate, refuse or remove any User Content that violates these Terms or is objectionable, without notice or liability.

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5. Intellectual Property & License

5.1 Our Ownership. All materials, content, software, design, marks, logos and features on the Website are protected by Intellectual Property Rights and are owned or licensed by us, unless otherwise stated.

5.2 User License to Us. By posting, uploading or submitting any User Content to the Website, you grant PetaQ a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to host, use, reproduce, modify, publish, distribute, display, sublicense and translate that content (in whole or part) in connection with operating the Website and Services.

5.3 Your License to Use the Website. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Website and Services for personal, non-commercial use (unless otherwise expressly permitted).

5.4 Third-Party Materials. The Website may contain content or links belonging to third parties. We do not grant you rights in third-party materials unless specified. You must comply with the applicable third-party terms as well.

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6. Disclaimers & Warranties

6.1 AS IS / NO WARRANTY. To the maximum extent permitted by law, the Website and Services are provided on an “as is” and “as available” basis, without warranties (express, implied, statutory or otherwise), including warranties of merchantability, fitness for purpose, non-infringement or uninterrupted operation.

6.2 No Guarantee of Accuracy. We do not guarantee that any content, data, or information on the Website is accurate, complete, reliable or up to date. Use at your own risk.

6.3 Third-Party Links & Content. Links to third-party sites or content do not imply endorsement. We are not responsible for their content, accuracy, or compliance with laws.

6.4 Force Majeure. We are not liable for delays or failures in performance caused by events beyond our reasonable control (e.g. natural disasters, acts of God, war, strikes, Internet failure).

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7. Limitation of Liability

7.1 No Consequential or Special Damages. To the fullest extent allowed by law, we (and our affiliates, officers, employees) shall not be liable to you or any third party for any indirect, incidental, consequential, punitive or special damages, loss of profits, data, business or goodwill, arising out of or in connection with your use (or inability to use) the Website or Services.

7.2 Aggregate Cap. Our total liability under or in connection with these Terms shall not exceed the amount you have paid us (if any) in the preceding 12 months, or a nominal sum (e.g. RM100), whichever is lower.

7.3 Mandatory Legal Remedies Not Excluded. Nothing in these Terms shall limit liability under laws that cannot be contracted out of (e.g. liability for death or personal injury, fraud, willful misconduct or other liability as required by Malaysian law).

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8. Payment & Subscription (if applicable)

If your use of the Website involves fees (e.g. subscription, premium features, purchases), then:

• You agree to pay all fees and taxes as described in the relevant service terms.
• We may change pricing, payment methods or billing terms on notice.
• Non-payment may lead to suspension or termination of your access to the paid features.
• Refunds, cancellations, credits are governed by our separate Payment / Refund Policy.

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9. Privacy & Data Protection

Your submission and use of personal data is governed by our Privacy Policy, which is incorporated by reference and forms part of these Terms. You agree that we may collect, use, store and disclose your personal information as described therein.

We will comply with applicable data protection laws in Malaysia (and other jurisdictions, where relevant) in handling your personal data.

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10. Termination & Effects of Termination

10.1 Termination by Us. We may terminate or suspend your access at any time (with or without notice) for breach, fraudulent use, or other reasons.

10.2 Voluntary Termination. You may close or deactivate your Account at any time in accordance with policies on the Website.

10.3 Effects & Survival of Terms. Upon termination, all licenses granted to you end, but provisions regarding liability, intellectual property, disclaimers, indemnity and dispute resolution survive.

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11. Indemnification

You agree to indemnify, defend, and hold harmless PetaQ (and its directors, officers, employees, agents) from any claims, liabilities, damages, losses or expenses (including legal fees) arising out of your use of the Website, your User Content, your violation of these Terms, or violation of any rights of third parties.

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12. Dispute Resolution & Governing Law

12.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of Malaysia, irrespective of conflict of law principles. (See e.g. government websites use Malaysia law clause )

12.2 Jurisdiction. You agree to submit to the non-exclusive jurisdiction of the courts of Malaysia for resolution of disputes.

12.3 Alternative Dispute Resolution. You and we agree to attempt to resolve disputes amicably by discussions, and if unresolved, may require mediation or arbitration (if applicable) before court proceedings.

12.4 Limitation Period. Any claim arising under this Agreement must be brought within six (6) months from the date the cause of action arises (or such statutory period) or be time-barred (this kind of clause is used e.g. by Malaysian businesses ).

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13. Notices & Communications

13.1 Via Email / Dashboard. We may send notices or communications to you via email or via your account dashboard on the Website.

13.2 Your Notices. You may send notices to us at our designated email or address (provided on the Website). Notices are effective when received.

13.3 Address & Contact Info. We will also publish our physical address, email, and contact info on the Website for service of legal notices (as required under Malaysian laws and regulations, e.g. under the Consumer Protection (Electronic Trade Transactions) Regulations). 

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14. Modifications to the Website or Services

We reserve the right to change, suspend, disable, or discontinue any aspect of the Website or Services (in whole or part) at any time, including features, content, or hours of availability, with or without notice. We shall not be liable if you are prevented from access for any reason.

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15. Severability & Waiver

15.1 Severability. If any provision of these Terms is held invalid or unenforceable by a court, that provision is to be severed, and the remainder of the Terms continue in full force.

15.2 Waiver. No waiver by us of any breach or default will be deemed a waiver of any subsequent breach or default. Failure to enforce any provision is not a waiver of future enforcement.

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16. Assignment & Transfer

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign, transfer or subcontract our rights or obligations, in whole or in part, without restriction.

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17. Entire Agreement

These Terms (and any policies, documents incorporated by reference) constitute the entire agreement between you and PetaQ regarding the subject matter hereof, superseding all prior or contemporaneous agreements, proposals or communications (whether oral or written).

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18. Miscellaneous

• Headings. Headings are for convenience only and do not affect interpretation.
• No Agency. Nothing in these Terms creates an agency, partnership, or employment relationship between the parties.
• Survival. Provisions that by their nature should survive termination (liability, indemnity, intellectual property, dispute resolution, etc.) shall so survive.