Simplify: Privacy & Terms

SIMPLIFY PRIVACY POLICY

Simplify (hereinafter referred to as “Simplify”, “we”, “us” or “our”) operates a platform and community marketplace that enables mobile consumers to create, share, discover and subscribe to mobile Internet services around the world, whether through our website or our mobile applications (“Platform”).

Simplify refers to Simplify Networks Sdn. Bhd., in which you can address to inside and outside of Malaysia. Simplify Networks Sdn. Bhd. processes payments for providers and clients residing inside and outside of Malaysia and is also responsible for processing your Personal Information in connection with payments services related to use of the Simplify Platform.

Simplify collects information about you when you use our mobile applications, websites, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us.

This Privacy Policy together with our Terms of Service set out the basis on which any Personal Information we collect from you, or provided by you to us and is intended to inform you about how we process the Personal Information. The Privacy Policy (“Privacy Policy” or "Policy") hereafter applies to persons (“Clients” and “Providers”) anywhere in the world who use our Platform to share, sell and subscribe to our Services.

Please read the following terms carefully to understand our views and practices regarding your Personal Information and how we will treat it. By visiting our website, you are accepting and consenting to the practices described in this Policy. If you do not agree to any part of this Privacy Policy, then we cannot provide the Platform or Services to you, and you should stop accessing the Platform and deactivate your Simplify account.

DEFINITIONS

“Affiliates” means companies related by common ownership or control. They can be financial and non-financial companies.

“Aggregated Information” means information about all of our users or specific groups or categories of users that we combine together so that it no longer identifies or references an individual user.

“Data Controller” means Simplify, the company responsible for the use and processing of Personal Information.

“Third Parties” means companies or persons not related by common ownership or control (i.e. non-affiliates) or other unrelated individuals. Third Parties can be financial and non-financial companies, or persons other than you and Simplify.

“Personal Information” means information (which may include sensitive information) relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into, the possession of the Data Controller.

COLLECTION OF INFORMATION

Information that you provide us

We receive, store and process information, including Personal Information, that you make available to us when accessing or using our Platform and Services. Examples include when you:

fill in any form on the Platform, such as when you register or update the details of your user account, or when you supply ID and other verification information;
access or use the Platform, such as to search for or share Hotspots, subscribe or pay for Internet data services, book or pay for any associated services that may be available , post comments or reviews, or communicate with other users;
link your account on a Third-Party site (e.g. Facebook) to your Simplify account, in which case we will obtain the Personal Information that you have provided to the Third-Party site, to the extent allowed by your settings with the Third-Party site and authorized by you;
report a problem with our site or Services;
communicate with Simplify; and
share information with other clients or providers.

Information we collect from your use of our Platform and Services

With regards to each of your visits and use on our Platform, we may automatically collect, store and process information, possibly including Personal Information, when you access or use our Platform and Services, including but not limited to:

Location Information: When you use the Services for Internet, we may collect precise location data about your Internet usage from your Simplify app. If you permit the Simplify app to access location services through the permission system used by your mobile operating system (“Platform”), we may also collect the precise location of your device when the app is running in the foreground or background. We may also derive your approximate location from your IP address.

Contacts Information: If you permit the Simplify app to access the address book on your device through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate social interactions through our Services and for other purposes described in this Statement or at the time of consent or collection.

Transaction Information: We collect transaction details related to your use of our Services, including the type of service requested, date and time the service was provided, amount charged, Internet data used, and other related transaction details.

Usage and Preference Information: We collect information about how you and site visitors interact with our Services, preferences expressed, and settings chosen. In some cases we do this through the use of cookies, pixel tags, and similar technologies that create and maintain unique identifiers. We may also allow our business partners to use their cookies and other tracking technologies on the Platform. As a result, when you access or use the Platform, you will provide or make available certain information to us and to our business partners. While you may disable the usage of cookies through your browser settings, we do not change our practices in response to a “Do Not Track” signal in the HTTP header from your browser or mobile application. We track your activities if you click on advertisements for Simplify services on Third-Party platforms such as search engines and social networks, and may use analytics to track what you do in response to those advertisements.;

Device Information: We may collect information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.

Call and SMS Data: Our Services facilitate communications between Clients and Providers. In connection with facilitating this service, we receive connection request data, including the date and time of the connection request is made, the parties’ email address, phone numbers, and the content of the connection message.

Log Information: When you interact with the Services, we collect server logs, which may include information like device Internet Protocol (IP) address, Internet usage data, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services.

Third Party Data: We may, either directly or through Third Parties we engage to provide services to us, also continue to track your behavior on our own Platform for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable you to use and access the Platform and pay for your activities on the Platform. We may also, either directly or through Third-Parties we engage to provide services to us, track your behavior on our own Platform to market and advertise our Services to you on the Platform and Third-Party websites. Our Platform may use social plugins which are provided and operated by Third-Parties, such as Facebook’s Like Button.As a result of this, you may send to the Third-Party the information that you are viewing on a certain part of our Platform. If you are not logged into your account with the Third-Party, then the Third Party may not know your identity. If you are logged into your account with the Third Party, then the Third Party may be able to link information about your visit to our Platform to your account with them. Similarly, your interactions with the social plugin may be recorded by the Third Party.

USE OF INFORMATION

We use, store and process information about you for the following general purposes:

to carry out our obligations arising from any contracts entered into between you and simplify; and to provide you with the information, products and Services that you request;
to administer our Platform and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
to enable you to access and use the Platform;
to enable you to communicate with other Clients and Providers, including but not limited to by sending them messages or other information during the subscription process;
to operate, protect, improve and optimize the Platform, Simplify’s business, and our users’ experience, such as to perform analytics, conduct research, personalize or otherwise customize your experience, and to provide customer service;
to help create and maintain a trusted and safer environment on the Platform and Services, such as detection and prevention of actual and potential fraud and other harmful activity, conducting investigations and risk assessments, enforcing our Terms and policies, verifying the address of your listings, verifying any identifications provided by you (including by comparing the photo on that identification to another photo you provide to us), and conducting checks against databases and information sources (such as but not limited to public government databases) for fraud detection and prevention, risk assessment and harm prevention purposes. In this regard, we may do any or all of the foregoing with or without further notifying you;
to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
to send you marketing, advertising, and promotional messages and other information that may be of interest to you, including information about Simplify, our services, or general promotions for partner campaigns and services. You can unsubscribe or opt-out from receiving these communications in your settings (in the “Account” section) when you login to your Simplify Account;
to administer referral programs, rewards, surveys, contests, or other promotional activities or events sponsored or managed by Simplify or our Third Party business partners; and
to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with Third Parties.

How Simplify Uses and Processes User Communications

We may, either directly or through Third-Parties we engage to provide services to us, review, scan, or analyze your communications with other users exchanged via the Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and customer support purposes. For example, as part of our fraud prevention efforts, the Platform may scan and analyze messages to mask contact information and references to other websites. This helps to prevent fraudulent actors from asking Clients to send them money outside of the Platform, such as by bank transfer or other money transfer methods. We may also scan, review or analyze messages for research and product development purposes to help make search, booking and user communications more efficient and effective, as well as to debug, improve and expand product offerings. We will not review, scan, or analyze your communications for sending Third-Party marketing messages to you. We will also not sell these reviews or analyses of communications to Third Parties. We will also use automated methods to carry out these reviews or analyses where reasonably possible. However, from time to time we may have to manually review some communications. By using the Platform, you consent that Simplify, in its sole discretion, may, either directly or through Third-Parties we engage to provide services to us, review, scan, analyze, and store your communications, whether done manually or through automated means.

SHARING OF INFORMATION

IMPORTANT: When you use the Platform, your data may be sent to Malaysia and possibly other countries where we operate.

We may share your Personal Information with selected Third Parties including business partners, suppliers and sub-contractors for the performance of any contract we have entered into with you.
We may transfer, store, use and process your information, including any Personal Information, to countries outside of Malaysia. Please note that laws vary from jurisdiction to jurisdiction, and so the privacy laws applicable to the places where your information is transferred to or stored, used or processed in, may be different from the privacy laws applicable to the place where you are resident.

Your Personal Information may be disclosed as follows:

Parts of your public profile page that contain some Personal Information may be displayed in other parts of the Platform to other users for marketing purposes or if you post content in a community forum or other features on the Platform that are visible to the general public.
Your Internet data service or hotspot information will always include some minimum information such as the hotspot name (“SSID”), price, currency and Internet speed rating where the Service is located. Parts of your public profile page may be displayed in other parts of the Platform to other Clients or Providers and/or Third Party platforms for marketing purposes.
The Platform allows your public profile and Internet data service or hotspot information to be included in search engines, in which case your public profile and Internet data service or hotspot information will be indexed by search engines and may be published as search results. This option is enabled by default, and you may opt out of this feature by changing your settings on the Platform. If you change your settings or the information on your public profile or Internet data service or hotspot information, Third-Party search engines may not update their databases quickly or at all. We do not control the practices of Third-Party search engines, and they may use caches containing outdated information, including any information indexed by the search engine before you change your settings or the information on your public profile or Internet data service or hotspot information.
When you request to connect to an Internet hotspot, your full name, email address and other Personal Information you agree to pass through to the Provider(s) will become visible to the Provider(s) of any Internet data services you subscribe or request to connect. We may also disclose parts of your public profile; other ratings and reviews of you; and any additional information you share with other Clients and Providers. In addition, if you agree to be contacted by the Provider(s) by phone or message before your request is accepted, and the Provider(s) decides to do so, Simplify will call your phone number first, before connecting you with the Provider(s). We will not share your phone number unless there is a confirmed connection; if there is a confirmed connection, your email address will become visible to the Provider(s), who may contact you directly.
When your request to connect to an Internet data service or hotspot is accepted by the Provider(s) or when a Client connects to your Internet data service or hotspot, we will disclose some of your Personal Information to the Provider(s). However, your billing and pay out information will never be shared with another user.
When a Provider accepts your request to connect to an Internet data service or hotspot, the Provider may elect to use Third-Party services available through the Simplify platform to assist with managing the Internet service. The Provider may use features on the Simplify platform to share information about the Client with that Third-Party service provider for the purposes of coordinating the Internet usage.
When a Client uses your Internet data service or hotspot, we may ask you to review the Provider, or the Internet data service quality. If you choose to provide a review, your review may be public on the Platform. Likewise, another Client’s review of you as a Provider or Client may be public on the Platform.
You may link your account on a Third-Party social networking site to your Simplify Account. We refer to a person’s contacts on these Third-Party sites as “Friends”. When you create this linkage:
- some of the information you provide to us from the linking of your accounts may be published on your Simplify Account profile;
- your activities on the Platform may be displayed to your Friends on the Platform and/or that Third-Party site;
- a link to your public profile on that Third-Party social networking site may be included in your Simplify public profile;
- other Simplify users may be able to see any common Friends that you may have with them, or that you are a Friend of their Friend if applicable;
- other Simplify users may be able to see any schools, hometowns or other groups you have in common with them as listed on your linked social networking site(s);
- the information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes; and
- the publication and display of information that you provide to Simplify through this linkage is subject to your settings and authorizations on the Platform and the Third-Party site.
We may distribute parts of the Platform (including your Listing) for display on sites operated by Simplify’s business partners and affiliates, using technologies such as HTML widgets. If and when your Listings are displayed on a partner’s site, information from your public profile page may also be displayed.
Simplify may provide your Personal Information to its Affiliates, including Simplify Payments, and their employees, to use and process your Personal Information in the same way and to the same extent that we are permitted to under this Privacy Policy. These related entities comply with the same obligations that we have to protect your Personal Information under this Privacy Policy. Simplify Payments may share your Personal Information for (i) their everyday business purposes; (ii) to jointly market products or services to you with other financial Third Parties with whom Simplify Payments has a formal agreement; and (iii) with respect to information about your transactions and experiences only, for their Affiliates’ everyday purposes. You can unsubscribe or opt-out from receiving marketing communications in your settings (in the “Account” section) when you login to your Simplify account.
We may also engage Third Parties, who may be located outside of Malaysia, to provide services to us, including but not limited to technology services and services to help verify your identification, to help match the photo on your ID to other photos of yourself you send to us, to conduct checks against databases such as but not limited to public government databases (where legally allowed), to otherwise assist us with fraud prevention and risk assessment, to assist us with customer service, to serve targeted ads, and to facilitate the payments or reimbursements you request (such as Concur and American Express). We may provide Personal Information about you to these Third Parties, or give them access to this Personal Information, for the limited purpose of allowing them to provide these services. For example, if we hire Third Parties, where permitted by applicable law, to conduct checks against databases such as but not limited to public government databases, we may provide your Personal Information, such as your full name and date of birth, to the Third Parties for the limited purpose of allowing them to conduct such checks, including background or registered sex offender checks, on our behalf. We will ensure that such Third Parties have contractual obligations to protect this Personal Information and to not use it for unrelated purposes.
For any jurisdiction in which we facilitate the Collection and Remittance of Taxes or Opt-in for Host Remittance of Taxes as described in the “Taxes” section of the Terms of Service, Providers and Clients expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, subscriptions and usage, including, but not limited to, personally identifiable information such as Provider’s or Client’s name, transaction dates and usage data, amounts, tax identification number(s), the amount of taxes received by Providers from Clients, or allegedly due, contact information and similar information, to the relevant Tax Authority.
You acknowledge, consent and agree that Simplify may access, preserve and disclose your account information and Collective Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary (a) to respond to claims asserted against Simplify; (b) to comply with legal process (for example, subpoenas and warrants); (c) to enforce and administer our agreements with users, such as the Terms of Use and this Privacy Policy; (d) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (e) to protect the rights, property or personal safety of Simplify, its users or members of the public.
We will use commercially reasonable efforts to notify users about law enforcement requests for their data unless:
- providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law; or
- we believe that providing notice would (a) be futile, (b) be ineffective, or (c) would create a risk of injury or bodily harm to an individual or group, or (d) create or increase a risk of fraud upon Simplify’s property, its Members, the Platform, Application, or Services (collectively, “Risk Scenarios”).
In instances where Simplify complies with legal requests for user data without notice to the user for the reasons described above, Simplify will use commercially reasonable efforts to notify that user about the request after the fact if we determine in good faith that we are no longer legally prohibited from doing so and that no Risk Scenarios apply.
We may also publish, disclose and use Aggregated Information and non-personal information for industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.

BUSINESS TRANSFERS BY SIMPLIFY

If Simplify undertakes or is involved in any merger, acquisition, reorganization, sale of assets or bankruptcy or insolvency event, then we may sell, transfer or share some or all of our assets in which case we may disclose your Personal Information to the prospective buyer. In this event, we will notify you before your Personal Information is transferred and becomes subject to a different privacy policy.

UPDATING AND DELETING YOUR PERSONAL INFORMATION

You may review, update, correct or delete the Personal Information in your Simplify profile. If you would like to correct your information or cancel your Simplify Account entirely, you can do so by logging out of your Simplify Account. Please also note that any reviews, forum postings and similar materials posted by you may continue to be publicly available on the Platform in association with your first name, even after your Simplify Account is cancelled.

SECURING YOUR PERSONAL INFORMATION

We are continuously implementing and updating administrative, technical, and physical security measures to help protect your Personal Information against unauthorized access, destruction or alteration. However, no method of transmission over the Internet, and no method of storing electronic information, can be 100% secure. So, we cannot guarantee the security of your transmissions to us and of your Personal Information that we store.

YOUR PRIVACY WHEN YOU ACCESS THIRD-PARTY WEBSITES AND RESOURCES

The Platform will contain links to other websites not owned or controlled by Simplify. Simplify does not have any control over Third-Party websites. These other websites may place their own cookies, web beacons or other files on your device, or collect and solicit Personal Information from you. They will have their own rules about the collection, use and disclosure of Personal Information. We encourage you to read the terms of use and privacy policies of the other websites that you visit and we do not accept any responsibility and liability for these policies.

SPECIAL FEATURES AND PROGRAMS

Referral service and requesting references

The Platform provides a referral service that allows you to invite your friends and contacts to use the Platform. The Platform also allows you to ask your friends and contacts to write a reference for you, to be published on your Simplify profile.
We may integrate the Platform with third party sites such as Facebook, so that you can send invitation messages or requests for references via the third party site itself. These messages will be sent by the third party site, and Simplify does not collect or retain the contact information that is used to send them.
You may also send invitation/request emails via the Platform itself, in which case we will ask you for the contact information to which to send your invitation/request. You can type in the email addresses or other contact information manually, or you can choose to import the contacts in your address book(s). In both cases, we may use and store this information for the sole purposes of allowing you to send your friends and contacts an invitation or request for a reference, and for fraud detection and prevention. With respect to referrals, we will also store the email addresses of your invitees to track if your friend joins Simplify in response to your referral.
If you request us to import your contacts, we will collect, but not store, the username and password for the email account you wish to import your contacts from. We will use this information only for the purpose of importing your contacts.

CHANGES TO THIS PRIVACY POLICY

We may change how we collect and then use Personal Information at any time and without prior notice, at our sole discretion. We may change this Privacy Policy at any time. Any changes we make to our Privacy Policy in the future will be posted on this page and where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our Privacy Policy.

It is important that you review the changed Privacy Policy. If you do not wish to agree to the changed Privacy Policy, then we will not be able to continue providing the Platform and Services to you, and your only option will be to stop accessing the Platform and Services and deactivate your Simplify Account. You can find out more about how to deactivate your Simplify Account at simplify.network/help.

FEEDBACK

Your opinion matters to us! If you’d like to provide feedback to us about this Privacy Policy, please email us at support@simplify.network.

CONTRACTUAL RELATIONSHIP

These Terms of Use ("Terms") govern the access or use by you, an individual, from within and outside of Malaysia and its territories and possessions of applications, websites, content, products, and services (the "Services") made available within or outside of Malaysia by Simplify Networks Sdn. Bhd. and its subsidiaries and affiliates (collectively, "Simplify"). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. In these Terms, the words "including" and "include" mean "including, but not limited to."

In particular, Internet Service Providers should understand how the laws work in their respective countries or states. Some countries or states have laws that restrict their ability to sell or resell Internet data services for short periods. Penalties may include fines or other enforcement. Internet Service Providers should review local laws before listing an Internet data service or hotspot on Simplify.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Simplify. 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. Simplify 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 region-specific disclosures (e.g., a particular city webpage on simplify.nextwave.my) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Simplify may amend the Terms related to the Services from time to time. Amendments will be effective upon Simplify's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). 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 Simplify's Privacy Policy.

KEY TERMS

Simplify provides an online platform that connects Internet Service Providers who have excess mobile data to clients seeking to use or buy such Internet data (collectively, the "Services"), which Services are accessible at simplify.nextwave.my and any other websites through which Simplify makes the Services available (collectively, the "Site") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application").

"Client" means a Member who connects to use an Internet Service Provider’s data services via the Site, Application or Services, or a Member who subscribes to an Internet data service and is not the Internet Service Provider for the associated Listing.
"Collective Content" means Member Content and Simplify Content.
"Connection" means a radio transmission link between an Internet Service Provider’s device and its Client’s device.
"Connection Request Period" means the time period starting from the time when a connection is requested by a Client (as determined by Simplify in its sole discretion), within which an Internet Service Provider may decide whether to confirm or reject that connection request, as stated on the Site, Application or Services. Different Connection Request Periods may apply in different places.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Internet Service Provider" means a Member who creates, shares and sells an Internet data service via the Site, Application and Services.
"Listing" means an Internet data service that is listed by an Internet Service Provider as available for use and subscription via the Site, Application, and Services.
"Member" means a person who completes Simplify's account registration process, including but not limited to Internet Service Providers and Clients via the Site, Application or Services.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or promotional campaign to be made available through the Site, Application or Services.
"Simplify Content" means all Content that Simplify makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), tourist taxes, fees (such as setup fees) that Internet Service Providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

THE SERVICES

The Services constitute a technology platform that enables users of Simplify's mobile applications or websites provided as part of the Services (each, an "Application") to list, discover and facilitate selling of Internet data services or access to personal hotspot with third party providers of such services, including independent third party mobile data providers and third party communication service providers under agreement with Simplify or certain of Simplify's affiliates ("Third Party Providers"). Unless otherwise agreed by Simplify in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

YOU ACKNOWLEDGE THAT SIMPLIFY DOES NOT PROVIDE TELECOMMUNICATIONS OR MOBILE DATA SERVICES OR FUNCTION AS A MOBILE WIRELESS CARRIER.

License
Subject to your compliance with these Terms, Simplify grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Simplify and Simplify's licensors.

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 Simplify; (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.

Provision of the Services.
You acknowledge that portions of the Services may be made available under Simplify's various brands or request options associated with transportation or logistics, including the connection request brands currently referred to as "Simplify”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Simplify's subsidiaries and affiliates; or (ii) independent Third Party Providers, including Communication Service Provider Company subscribers, Mobile Data subscribers or users of similar data services.

Third Party Services and Content.
The Services may be made available or accessed in connection with third party services and content (including advertising) that Simplify 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. Simplify does not endorse such third party services and content and in no event shall Simplify be responsible or liable for any products or services of such third party providers. Additionally, Google, Inc. will be a third-party beneficiary to this contract if you access the Services using Applications developed for Android-powered mobile devices. Such third party beneficiary is not party 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 Simplify's property or the property of Simplify'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 Simplify's company names, logos, product and service names, trademarks or services marks or those of Simplify's licensors.

THE USE OF 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 Simplify certain personal information, such as your name, email, mobile phone number, age and location, 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 Simplify's termination of this Agreement 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 Simplify 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 Internet data 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 (e.g., no hacking or cyber-terrorism). 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 informational text messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text messages from Simplify at any time by logging off from your account. You acknowledge that opting out of receiving text messages may impact your use of the Services.

Promotional Codes.
Simplify may, in Simplify's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Simplify establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Simplify; (iii) may be disabled by Simplify at any time for any reason without liability to Simplify; (iv) may only be used pursuant to the specific terms that Simplify establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Simplify reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Simplify determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

User Provided Content.
Simplify may, in Simplify's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Simplify 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 Simplify, you grant Simplify a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, 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 Simplify'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 Simplify 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 Simplify'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 Simplify in its sole discretion, whether or not such material may be protected by law. Simplify may, but shall not be obligated to, review, monitor, or remove User Content, at Simplify'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. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Simplify 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.

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, Simplify 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 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 Simplify. 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. Simplify 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 Simplify using the preferred payment method designated in your Account, after which Simplify 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 Simplify 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 Simplify, Simplify 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 Simplify's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Simplify 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. Simplify 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 connecting to Third Party Provider's Internet data service, 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 Internet access services requested through the Application, Simplify does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Simplify (on Simplify's website, in the Application, or in Simplify'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 Simplify 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 of Maintenance Fees.
You shall be responsible for the cost of repair for damage to, or necessary maintenance of, Third Party Provider mobile devices and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Maintenance"). In the event that a Third Party Provider reports the need for Repair or Maintenance, and such Repair or Maintenance request is verified by Simplify in Simplify's reasonable discretion, Simplify reserves the right to facilitate payment for the reasonable cost of such Repair or Maintenance on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Simplify to the applicable Third Party Provider and are non-refundable.

DISCLAIMER

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." SIMPLIFY 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, SIMPLIFY 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. SIMPLIFY 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

SIMPLIFY 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 SIMPLIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SIMPLIFY 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 SIMPLIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SIMPLIFY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SIMPLIFY'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY INTERNET SERVICE PROVIDERS PROVIDING INTERNET OR MOBILE DATA SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER PEER-TO-PEER DATA SHARING SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL SIMPLIFY'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED MALAYSIAN RINGGIT (MYR 500).

SIMPLIFY'S SERVICES MAY BE USED BY YOU TO SHARE AND CONNECT TO INTERNET DATA SERVICES WITH THIRD PARTY INTERNET SERVICE PROVIDERS, BUT YOU AGREE THAT SIMPLIFY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY INTERNET OR TELECOMMUNICATIONS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 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 Simplify 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) Simplify's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by and construed in accordance with the laws of Malaysia and any dispute or claims thereof shall be subject to the exclusive jurisdiction of the courts of Malaysia.

OTHER PROVISIONS

Choice of Law.
These Terms are governed by and construed in accordance with the laws of Malaysia, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.

Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Simplify's designated agent. Please visit Simplify's web page at simplify.network for the designated address and additional information.

Notice.
Simplify 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 by registered post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered post) or 12 hours after sending (if sent by email). You may give notice to Simplify, with such notice deemed given when received by Simplify, at any time by first registered post to Simplify Networks Sdn. Bhd., Attn: User Notices - Legal, E-2-22, IOI Boulevard, Jalan Kenari 5, 47170 Bandar Puchong Jaya, Selangor, MALAYSIA.

General.
You may not assign these Terms without Simplify's prior written approval. Simplify may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Simplify's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Simplify or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms 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. Simplify's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Simplify in writing.