The terms and conditions governing your use of our services
Welcome to Nxwlto. These Terms of Service ("Terms") govern your use of our website, services, and any related content or functionality offered by Nxwlto ("we", "us", or "our"). By accessing or using our services, you agree to be bound by these Terms.
Please read these Terms carefully. If you do not agree with any part of these Terms, you must not use our services.
In these Terms:
By using our Services, you represent and warrant that:
If you create an account with us, you are responsible for maintaining the confidentiality of your account details and password. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other security breach.
You agree not to:
Clients engaging our event planning and management services will be required to sign a separate Service Agreement that outlines the specific terms, conditions, scope, deliverables, timelines, and fees for the particular project or engagement. Such Service Agreements shall be read in conjunction with these Terms.
We will provide our Services with reasonable care and skill in accordance with industry standards. We will make every effort to deliver Services on time and as described in the Service Agreement, but cannot guarantee specific outcomes or results from events.
Clients agree to:
Any changes or modifications to the agreed scope of Services must be made in writing and may result in additional charges and/or timeline adjustments. We reserve the right to decline requests for changes that we deem unreasonable or that fall outside our area of expertise.
Our fees for Services will be as set out in the Service Agreement. All fees are quoted in Malaysian Ringgit (MYR) unless otherwise specified.
Payment terms will be specified in the Service Agreement and may include deposits, milestone payments, and final payments. Unless otherwise agreed:
Clients will be responsible for reimbursing reasonable out-of-pocket expenses incurred by us in the provision of Services, as specified in the Service Agreement. All expenses will be documented and require client approval before being incurred, unless otherwise agreed.
All fees are exclusive of applicable taxes, including but not limited to Goods and Services Tax (GST) or Sales and Service Tax (SST), which will be added to invoices where applicable.
All intellectual property rights in our Website, Services, Content, methodologies, processes, tools, and proprietary materials belong to Nxwlto or our licensors. Nothing in these Terms transfers any such rights to you or any Client.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website and Content solely for the purposes of evaluating or using our Services in accordance with these Terms.
Clients retain all intellectual property rights in materials they provide to us. By providing such materials, Clients grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such materials solely for the purpose of providing our Services to the Client.
Unless otherwise agreed in writing, upon full payment of all fees, Clients will own the deliverables specifically created for them as part of our Services. However, we retain ownership of all underlying methodologies, processes, tools, and pre-existing materials incorporated into such deliverables.
We reserve the right to include a general description of Services provided to Clients in our portfolio and marketing materials. We will not disclose confidential information or use Client trademarks without prior approval.
Each party agrees to keep confidential all non-public information disclosed by the other party in connection with our Services, including but not limited to business plans, financial information, customer data, event concepts, and proprietary methodologies ("Confidential Information").
Neither party will disclose Confidential Information to any third party without the prior written consent of the disclosing party, except as required by law or to its employees, advisors, or contractors who need to know such information and who are bound by confidentiality obligations.
These confidentiality obligations survive the termination of our Services.
To the maximum extent permitted by applicable law:
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Malaysian law.
You agree to indemnify, defend, and hold harmless Nxwlto and our officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
Clients may terminate Services as specified in their Service Agreement. Termination may be subject to termination fees or payment for Services already rendered.
We may terminate or suspend your access to our Website or Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.
Upon termination:
These Terms shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions.
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Kuala Lumpur, Malaysia, in accordance with the Arbitration Rules of the Asian International Arbitration Centre (AIAC) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.
We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on our Website with a new effective date. Your continued use of our Website or Services after any such changes constitutes your acceptance of the new Terms.
For material changes to these Terms that affect existing Service Agreements, we will provide reasonable notice to affected Clients before the changes take effect.
These Terms, together with any Service Agreements, constitute the entire agreement between you and Nxwlto regarding your use of our Website and Services, and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning their subject matter.
No failure or delay by Nxwlto in exercising any right under these Terms shall constitute a waiver of that right.
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.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, or to any affiliate or successor in interest.
Any notices or other communications provided by Nxwlto under these Terms will be given by posting to our Website or by email to the address you provide to us.
If you have any questions about these Terms, please contact us at:
Nxwlto
32-01, Level 32, Tower B, The Vertical Corporate Towers,
Jalan Kerinchi 8 Unit, Bangsar South,
59200 Kuala Lumpur, Malaysia
Email: [email protected]
Phone: +60 3 2246 6175