1. INTRODUCTION

1.1 Welcome to the Consult platform (the “App”). Please read the following Terms of
Service carefully before using this App or opening a Consult account or before registering as the Consult User / Service Provider (“Account”) so that you are aware of your legal rights and obligations with respect to Steer Consult Sdn. Bhd. (Company Registration No.201901003286 [1312612-W]) and its affiliates and subsidiaries (individually and collectively, “Consult”, “we”, “us” or “our”). The “Services” we provide or make available include:

(a) the App,
(b) the services provided by the App and by Consult client software made available through the App, and
(c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the App or its related services (“Content”).

Any new features added to or augmenting the Services are also subject to these Termsof Service. These Terms of Service govern your use of Services provided by Consult.

1.2 The Services include an online platform service that provides a place and opportunityfor the sale of goods or sale of services (collectively known as “Services”) between theUser, client, and/or consumer (collectively known as “User”) and the SP, merchant, service provider, professional, supplier, advisor, consultant, negotiator, and/or officer (collectively known as “SP”) (collectively “you”, “Users” or “Parties”). The actual contract, appointment, engagement for Services is directly between User and SP and Consult is not a party to that or any other contract, appointment, engagement between User and SP and accepts no obligations in connection with any such contract. Parties to such a transaction will be entirely responsible for the Services contract, appointment,
engagement between them, the listing of services, goods, warranty of engagement /
appointment, warranty of purchase and the like. Consult is not involved in the transaction, engagement, appointment between Users. Consult may or may not pre-screen Users orthe Content or information provided by Users. Consult reserves the right to remove anyContent or information posted by you on the App in accordance to Section 6.4herein. Consult cannot ensure that Users will actually complete a transaction, appointment, engagement for Services.

1.3 Before becoming a User of the App, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

1.4 Consult reserves the right to change, modify, suspend or discontinue all or any part of this App or the Services at any time or upon notice as required by local laws. Consult may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Consult may also impose limits on certain features or restrict your access to parts of, or the entire, App or Services in its sole discretion and without notice or liability.

1.5 Consult reserves the right to refuse to provide you access to the App or Services orto allow you to open an Account for any reason.

BY USING CONSULT SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOURIRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THISAGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS ANDPOLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICESOR ACCESS THE APP. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGEFOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS INYOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM APARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT ORLEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOUDO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOTUNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTILYOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARETHE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING ANACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THEMINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THEACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCHACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

2. PRIVACY

2.1 Your privacy is very important to us at Consult. To better protect your rights we haven provided the www.consultsapp.com Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Consult collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the App, you:

(i) consent to Consult’s collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;
(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Consult; and
(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Consult’s prior written consent.

2.2 Users in possession of another User’s personal data through the use of the Services(the “Receiving Party”) hereby agree that, they will :-

(i) comply with all applicable personal data protection laws with respect to any such data;
(ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and
(iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.

3. LIMITED LICENSE

3.1 Consult grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property(“Intellectual Property”) displayed in the App are the property of Consult and where applicable, third party proprietors identified in the App. No right or licence is granted directly or indirectly to any party accessing the App to use or reproduce any Intellectual Property, and no party accessing the App shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the App and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the App or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this App on any other server or as part of any other webApp. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search webApps to direct Internet users to this webApp).

3.2 You are welcome to link to the App from your webApp, provided that your webApp does not imply any endorsement by or association with Consult. You acknowledge that Consult may, in its sole discretion and at any time, discontinue providing the Services,
either in part or as a whole, without notice.

4. SOFTWARE

4.1 Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. Consult reserves all rights to the software not expressly granted by Consult hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Consult.

5. ACCOUNTS AND SECURITY

5.1 Some functions of our Services require registration for an Account by selecting a unique user identification (“User ID”) and password, and by providing certain personal information. If you select a User ID that Consult, in its sole discretion, finds offensive or inappropriate, Consult has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, webApps or services to which we have enabled access or with which we have tied up or collaborated. Consult has not
reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, webApps or services. If you do so, the terms of service for those products, webApps or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, webApps or services.

5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the App, (c) immediately notify Consult of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Consult will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.

5.3 You agree that Consult may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the App any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that Consult deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) engaging, appointing and seeking Services on the App for the purpose of commercial re-sale, (f) abnormal or excessive engaging, appointing and seeking Services from the same SP or related group of SPs, (g) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value and/or abnormal or excessive use of vouchers on the App), or (h) behaviour that is harmful to other Users, third parties, or the business interests of Consult. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Consult may terminate your Account immediately with or without notice.

5.4 Users may terminate their Account if they notify Consult in writing (including via email
at support@consultsapp.com) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction, engagement and/or appointment (whether commenced prior to or after such termination), completion of the Services, payment for the product, or the like, and Users must contact Consult after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Consult shall have no liability, and shall not be liable for any damages and/or losses incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Consult.

5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.

6. TERM OF USE

6.1 The license for use of this App and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Consult may effect such termination with or without notice to you.

6.2 You agree not to:

(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Item / Services Policy;
(c) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;
(d) use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(f) remove any proprietary notices from the App;
(g) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Consult;
(h) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
(i) use the Services or upload Content in a manner that is fraudulent, unconscionable,
false, misleading or deceptive;
(j) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
(k) access the Consult platform, open a user account, or otherwise access your user account using an emulator, simulator, bot or other similar hardware or software;
(l) manipulate the price of any item or interfere with other User’s listings;
(m) take any action that may undermine the feedback or ratings systems;
(n) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Consult with respect to the Services and/or data transmitted, processed or stored by Consult;
(o) harvest or collect any information about or regarding other Account holders, including,
without limitation, any personal data or information;
(p) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;
(s) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(t) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
(u) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User’s use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the App;
(v) take any action or engage in any conduct that could directly or indirectly damage,
disable, overburden, or impair the Services or the servers or networks connected to the Services;
(w) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
(x) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the respective Local Authority(ies) of the Country.
(y) use the Services to violate the privacy of others or to “stalk” or otherwise harassanother;
(z) infringe the rights of Consult, including any intellectual property rights and any passingoff of the same thereof;
(aa) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or
(bb) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.
(cc) direct or encourage another user to conduct a transaction other than on the App.

6.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Consult, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the App. You understand that by using theApp, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Consult be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the App.

6.4 You acknowledge that Consult and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the App without any liability to you. Without limiting the foregoing, Consult and its designees shall have the right to remove any Content (i) that violates these Terms of Service or our Prohibited and Restricted Items Policy; (ii) if we receive a complaint from another User; (iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication(including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Consult or submitted to Consult, including, without limitation, information in Consult Forums and in all other parts of theApp.

6.5 You acknowledge, consent to and agree that Consult may access, preserve and disclose your Account information and Content to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over Consult or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service or our Prohibited and Restricted Items Policy; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e)protect the rights, property or personal safety of Consult, its Users and/or the public.

7. VIOLATION OF OUR TERMS OF SERVICE

7.1 Violations of this policy may result in a range of actions, including, without limitation,
any or all of the following:

a. Listing deletion
b. Limits placed on Account privileges
c. Account suspension and subsequent termination
d. Criminal charges
e. Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

7.2 If you believe a User on our App is violating these Terms of Service, please contact support@consultsapp.com

8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

8.1 As stated above, Consult does not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners (“IPR Owner”).

8.2 Except where expressly stated otherwise, the Users are independent individuals or businesses and they are not associated with Consult in any way and Consult is neither the agent nor representative of the Users and does not hold and/or own any of the services or products merchandises listed on the App.

8.3 If you are an IPR Owner or an agent duly authorised by an IPR Owner (“IPR Agent”)and you believe that your right or your principal’s right has been infringed, please notify us by submitting the online form at https://Consult-support.formstack.com/forms/ipr_myand provide us the documents requested below to support your claim. Do allow us time to process the information provided. Consult will respond to your complaint as soon as practicable.

8.4 Complaints under this Section 8 must be provided in the form prescribed by Consult, which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c ) a description of the nature of alleged infringement with sufficient details to enable Consult to assess the complaint (d) URL(s) of the listing(s) which contain the alleged infringement; (e) sufficient information to allow Consult to contact the Informant, such as Informant’s physical address, telephone number and email address; (f) a statement by Informant that the complaint is filed on good faith belief
and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law; (g) a statement by the Informant that the information in the notification is accurate, that the Informant will indemnify us for any damages we may suffer as a result of the information provided by the Informant and that the Informant has the appropriate right or is authorised to act on the IPR Owner’s behalf
in all matters relating to the complaint.

8.5 Consult acknowledges a service’s provider’s / professional’s / consultant’s / advisor’s and/or supplier’s right to enter into certain exclusive agreements / contract / appointment or minimum services rate for its Services. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements / contract / appointment is a matter between the service’s provider’s / professional’s / consultant’s / advisor’s and/or supplier’s and the User, Consult does not assist in this type of enforcement activity and does not enforce exclusive distribution rights or price-control / rate-control matters except within the countries that have laws specifically governing selective or exclusive distribution.

8.6 Each and every SP agrees to hold Consult and its Affiliates harmless from all claims, causes of action, damages and judgments arising out of any removal of any Content, Services or product listings pursuant to or in relation to any intellectual property infringement claim

9. PURCHASE, ENGAGEMENT, APPOINTMENT, SUBSCRIPTION AND PAYMENT

9.1 Consult supports one or more of the following payment methods in each country it operates in:

(i) Credit Card
Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
(iii) Bank Transfer
User may make payments through an Automated Teller Machine or internet bank transfer(“Bank Transfer”) to our designated Consult Guarantee Account (as defined in Section12). User must provide Consult with the transfer receipt or payment transaction reference for verification purposes through the ‘Upload Receipt’ function found in Consult’s app as payment confirmation. If payment confirmation is not received by Consult within three (3)days, User’s order, engagement, appointment, or subscription will be cancelled.
(iv) Subscription Plan
Users may pay subscription fees through the use of any payment gateway services Consult may provide.

9.2 User may only change their preferred mode of payment for their purchase prior to making payment.

9.3 Consult takes no responsibility and assume no liability for any incomplete /
incomprehensive / under expectation / out of service scope / loss or damages to User arising from services information and/or payment information entered by User or wrong remittance by User in connection with the payment for the services engaged / appointed and /o r subscribed. We reserve the right to check whether User is duly authorised to use certain payment method, and may suspend the engagement / appointment / subscription / transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.

10. SP WALLET

10.1 Your Account allows the storage of money you receive from your sales proceeds made on the Platform (“SP Wallet”). The sum of this money, minus any withdrawals, will be reflected as your SP Wallet’s balance.

10.2 You may transfer funds from your SP Wallet (up to the amount of your Consult
Wallet balance) to your linked bank account (“Linked Account”) by submitting a transfer request (“Withdrawal Request”) a maximum of once per day. Consult may also automatically transfer funds from your SP Wallet to your Linked Account on a regular basis, as determined by Consult. Consult shall only process such transfers on business days and such transfers may take up to maximum Seven (7) business days to be credited to your Linked Account.

10.3 SPs are entitled to one (1) free Withdrawal Request per week (“Weekly Withdrawal
Limit”). Consult may impose a fee of RM1.00 for each additional Withdrawal Request made in excess of the Weekly Withdrawal Limit (“Withdrawal Fee”). The Withdrawal Feeis subjected to Sales and Service Tax (“SST”). The Weekly Withdrawal Limit and theWithdrawal Fee are subject to change at Consult’s discretion.

10.4 Money from your sale of items on Consult shall be credited to your SP Wallet within three (3) days after the Services engaged, appointed, / subscribed by the User and paid by the User or immediately after User has acknowledged that the Services delivered to the User.

10.5 Once submitted, you may not modify or cancel a Withdrawal Request.

10.6 If there is an error in the processing of any transaction, you authorize us to initiate debit or credit entries to your designated bank account, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. If we are unable to debit your designated bank account for any reason, you authorize us to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have on file with us or to deduct the debit and applicable fees from your SP Wallet in the future. If we are unable to credit your Alternative Account, for any reason, we reserve our right to handle or process such money in accordance with the applicable law.

10.7 You authorize us to initiate debit or credit entries to your SP Wallet:

(i) to correct any errors in the processing of any transaction, engagement, appointment / subscription;
(ii) where Consult has determined that you have engaged in fraudulent or suspicious activity and/or transactions;
(iii) in connection with any lost, damaged or incorrect items;
(iv) in connection with any rewards or rebates;
(v) in connection with any uncharged fees;
(vi) in connection with the settlement of any transaction, engagement, appointment / subscription dispute, including any compensation due to, or from, you;
(vii) in connection with any service fees chargeable by Consult;
(viii) in connection with any change of mind agreed to by both User and SP; and(ix) to purchase Consult Coins where you have activated Auto Top Up Feature and when your credits have fallen below the amount set by You. For the avoidance of doubt,
Consult shall not be held liable in the event that any Services provided by Consult to You is suspended or terminated due to insufficient credit.

12. Consult GUARANTEE

12.1 Consult Guarantee is a service provided by Consult or its authorised agent to mitigate the risk of non-delivery of products, engagement(s), appointment(s) / service(s),
Consult or its authorised agent will hold such payments made by the User in an account
(hereinafter referred to as “Consult Guarantee Account”). Consult will only collect fees but not any disbursements as may be charged by the SP and User will be required to pay the SP directly into the respective client account.

12.2 After a User pays for an engagement, appointment / service (“User’s Payment”),

User’s Payment will be held in Consult Guarantee Account until:
(a) the expiry of three (3) business days after the response by the SP towards the User’s request or the User’s confirmation of engagement with the SP, as the case may be, unless 12.2(d) applies, Consult will release User’s Payment (less Transaction Fee and Tax Amount (defined below)) to the SP;
(b) Consult Guarantee Period (or any approved extension under 12.3) expires, in which case, unless 12.2(c) or 12.2(d) applies, Consult will release User’s Purchase / Engagement / Appointment / Subscription Monies / Payment (less Transaction Fee and Tax Amount (defined below)) in Consult Guarantee Account to SP;
(c) Consult determines that User’s application for a return / cancellation / rejected of Purchase / Engagement / Appointment / Subscription for goods / services and/or refund is successful, in which case, unless 12.2(d) applies, Consult will provide a refund to User, subject to and in accordance with the Refunds and Return Policy;
(d) such other time as Consult reasonably determines that a distribution of User’s Purchase Monies (less Transaction Fee and Tax Amount (defined below) is inappropriate, including, without limitation, where it deems reasonably necessary to comply with applicable law or a court order or to enforce these Terms of Service.
(e) Consult Guarantee is only available to transactions that have been concluded and paid on Consult and not being paid who have made payment through the channels provided by Consult into Consult Guarantee Account. Offline arrangements between User and SP will not be covered under Consult Guarantee.

12.3 Payments made through Consult channels will be held in the Consult Guarantee Account for a specified period of time (the “Consult Guarantee Period”). To find out more about the Consult Guarantee Period, please refer to Consult Guarantee Period. User may apply for a one-time extension of Consult Guarantee Period prior to the expiry of the applicable Consult Guarantee Period, subject to and in accordance with the Refunds and Return Policy. Upon User’s application, Consult Guarantee Period may be extended for a maximum period of three (3) days unless Consult in its sole discretion determines that a longer extension is appropriate or required.

12.4 If, for any reason, the SP’s bank account cannot be credited and/or the SP cannot be contacted, Consult will use reasonable endeavours to contact the SP using the contact details provided by him/her. In the event that the SP cannot be contacted for more than twelve (12) months after the become due to the SP and the User’s Purchase Monies remain unclaimed, we reserve our right to handle or process such money in accordance with the applicable law.

12.5 SP/User must be the beneficial owner of the Account and conduct transactions on the App only on behalf of him or herself. Consult may require SP or User to provide his or her personal data such as recent identity photograph, bank account details and/or any other such documentation necessary, for verification purposes, including verification required by third party payment processing and others respective and relevant services providers. SP/User hereby grants Consult his/her consent to use or provide to third party his/her personal data to facilitate his/her use of the App. Further, SP/User authorises Consult to use his/her personal data to make any inquiries we consider necessary to validate his/her identity with the appropriate entity such as his/her bank. For more information in relation to how Consult handles your personal information, please visit our Consult Privacy Policy page.

12.6 The Consult Guarantee is in addition and without limitation to User’s and SP’s obligations under applicable law, which may go above and beyond what is provided for by the Consult Guarantee. The Consult Guarantee is neither intended nor designed to assist User or SP in complying with its own legal obligations, for which each party will remain solely responsible, and Consult accepts no liability in connection with the same. Without limitation, the Consult Guarantee does not constitute a product warranty.

12.7 User and SP acknowledge and agree that Consult’s decision (including any appeals)in respect of and relating to any issues concerning the Consult Guarantee is final.

12.8 For the avoidance of doubt, any transactions not conducted on the App will not qualify for the protection offered by Consult Guarantee 

13. CONSULT COINS REWARD SYSTEM

13.1 Users may earn loyalty points (“Consult Coins”) by buying merchandises / engaging a service provider on the App using the Consult Guarantee system or through participation in other Consult activities as Consult may from time to time determine(“Eligible Activities”) based on the conversion rate determined by Consult in its sole discretion. Generally, Consult Coins will be credited to a User’s Account upon the completion of a successful transaction or activity approved by Consult. You are eligible to participate in the Consult Coins reward system if you are a User and your Account does not expressly exclude you from participation.

13.2 Transaction not completed on the App using Consult Guarantee shall not qualify for the Consult Coins reward system. Consult may at its sole discretion exclude categories of items from the Consult Coins reward system.

13.3 Consult Coins credited to Users, do not constitute User’s property and cannot be purchased, sold, transferred or redeemed for cash by User.

13.4 Subject to Consult rules and regulation as determined, varied or modified by Consult from time to time, subject to any cap imposed by Consult at its sole discretion, User may redeem Consult Coins by sending a request to Consult and use Consult Coins to offset the purchase price of selected items / services when making purchases , engagement, appointment or subscription on the App as prescribed by Consult from time to time. All refunds will be subject to Consult’s Refunds and Return Policy. 13.5 The Consult Coins you redeem or donate will be deducted from your Consult Coins balance. Each Consult Coins comes with an expiry date. Do check your account details on the App for Consult Coins balances and expiry date.

13.6 From time to time, we may inform you of bonus Consult Coins will be awarded for Eligible Activities. This may include but is not limited to in-app purchases you make at participating SPs or pursuant to specific promotional offers. We will notify you of the terms of such bonus awards if any from time to time.

13.7 If you have a dispute in relation to the number of Consult Coins which you have been awarded in respect of an Eligible Activity, such a dispute must be made within one(1) month from the date of the Eligible Activity. We may require you to provide evidence to support your claim.

13.8 Consult gives no warranty and accepts no responsibility as to the ultimate tax treatment of Consult Coins. You will need to check with your tax advisor whether receiving Consult Coins affects your tax situation.

13.9 Consult reserves the right to (i) discontinue the Consult Coins Reward System at any time at its sole discretion and (ii) cancel or suspend a User’s right to participate in Consult Coins Reward System, including the ability to earn and redeem Consult Coins at its sole discretion.

14. CONSULT COINS MARKETING SERVICES

14.1 SPs may purchase Consult Coins for gratuitous distribution for marketing purposes under the “Promoting Centre” section of the SP Centre (“Marketing Centre”). If you are a SP that purchases Consult Coins, you will be deemed to have consented to the terms and conditions described in this Section, and any explanatory materials published on thisApp, the SP Centre or otherwise communicated to SPs in writing (“SP Coins Rules”).

14.2 In order to purchase Consult Coins, you must be an eligible SP as may be provided from time to time. At the time you purchase and pay for the Consult Coins, your Account must not be suspended.

14.3 You may purchase Consult Coins via the payment methods set out in the Promoting Centre. After payment is completed, the Consult Coins will be issued to your Account, and shall expire six (6) months after purchase or such other time as determined by Consult. User may not cancel the order and/or request for a refund after you have purchased Consult Coins and completed the payment process.

14.4 Consult Coins purchased by SPs may only be given away, free-of-charge, to Users via promotional channels made available in the Promoting Centre. You may not sell, redeem, or otherwise deal in, Consult Coins under any circumstances. You agree that failure to comply with this section or any of the SP Coins Rules may, without limitation, result in the forfeiture of Consult Coins purchased by you, in addition to any other actions or remedies that Consult may take or enforce.

14.5 You understand and agree that Consult does not warrant or guarantee any increase in viewership or sales of your items as a result of the purchase and gratuitous distribution of Consult Coins.

14.6 You are advised to only purchase Consult Coins after fully considering your budget and intended promoting objectives. Except as otherwise provided in these Terms of Service or the SP Coins Rules, Consult shall not be liable for any compensation or be subject to any liability (including but not limited to actual expenses and lost profits) for the results or intended results of purchasing Consult Coins.

14.7 IF, NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, CONSULTIS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE(INCLUDING FOR GROSS NEGLIGENCE) IN RELATION TO THE PURCHASE BYYOU OF CONSULT COINS, THEN, TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TOTHE AMOUNT PAID BY YOU FOR THE CONSULT COINS IN QUESTION ONLY.

15. CASHBACK VOUCHER

15.1 Users may receive a voucher entitling User to utilize a discount (the “Consult Coins Cashback Voucher”) on eligible purchases/ engagement on the App. Upon the completion of a successful transaction where the Consult Coins Cashback Voucher has been applied, additional Consult Coins will be credited to a User’s Account based on the conversion rate as indicated in the terms and conditions of such Consult Coins Cashback Voucher (“Additional Consult Coins Rate”) or as determined by Consult in its sole discretion. Consult Coins credited to a User following the redemption of a Consult Coins Cashback Voucher shall have the same terms and conditions (including in relation to expiry) as regular Consult Coins.

15.2 Consult may allow SPs to generate their own Consult Coins Cashback Vouchers(each a “SP Coins Cashback Voucher”), which Users may apply to eligible purchases, engagement, appointment or subscription Services from the SP. If you are a SP that generates a SP Coins Cashback Voucher, you will be deemed to have consented to the terms and conditions described in this Section.

15.3 When generating a SP Coins Cashback Voucher, the Additional Consult Coins Rate will be determined by SP at the SP’s own discretion. SP shall be solely responsible for the accuracy of the Additional Consult Coins Rate.

15.4 For each completed transaction where a User successfully applies a SP Coins Cashback Voucher, the SP shall pay Consult the value of the additional Consult Coins credited to the User (“Coins Cashback Price”). The Coins Cashback Price is calculated in Malaysian Ringgit as the number of additional Consult Coins to be credited to the User’s Account divided by 100, rounded up to the nearest cent. The Coins Cashback Price is subject to SST (“Coins Cashback Tax Amount”), and the SP is responsible for such Coins Cashback Tax Amount.

15.5 Following the successful completion of a transaction, Consult shall deduct the Coins Cashback Price and Coins Cashback Tax Amount from the User’s Purchase Monies, and remit the balance to the SP in accordance with Section 12.2. Consult shall issue receipts or tax invoices for the Coins Cashback Price and Coins Cashback Tax Amount on request. For the avoidance of doubt, the Coins Cashback Price and Coins Cashback Tax Amount applies in addition to the Transaction Fee and Tax Amount under the Terms of Service.

15.6 The Coins Cashback Price and Coins Cashback Tax Amount is strictly nonrefundable.

16. DELIVERY OF SERVICES/ PRODUCT

16.1 Consult will inform SP when Consult receives User’s Purchase Monies. Unless otherwise agreed with Consult, SP should then make the necessary arrangements to deliver the Services purchases , engaged, appointed or subscribed by the User and immediate provide particular of services scope, details such as requesting the documents and information needed for the Services and setting up appointment to meet up the User either by way of online or offline meeting via phone call, video conference, face to face meeting, or others manner which is acceptable by the User. The SP shall with his/her/their best endevour to deliver the Services described by the SP in his/her/their posted Services and purchases , engaged, appointed or subscribed by the User to the User in the shortest time.

16.2 SP must use his/her best effort to comply with its Service levels, purchases, engagement, appointment or instruction provided by the User as per described by the SP in his/her/their post(s) and further instructed by the User Services and ensure that Buyer receives the purchased, engaged, appointed or subscribed services within, whichever applicable, the Consult Guarantee Period or the time period specified (for offline payment)by SP on SP’s listing.

16.3 Users understand that SP bears all risk attached to the Services posted by the SP and warrants that he/she/they has or will obtain adequate insurance coverage / Professional Indemnity Insurance coverage for the Services delivery by the SP to the User. In the event where the purchased, engaged, appointed or subscribed services unable to meet the requirement / description / particular / services scope as per described under the SP posted Services, Users acknowledge and agree that Consult will not be liable for any damage, losses, expense, cost or fees resulted therefrom and SPand/or User will reach out them self to resolve such dispute.

16.4 For Cross-Border purchases, engagement, appointment and subscription of Services. Users understand and acknowledge that, where a Services listing states that the Services is only applicable within Malaysia or the apply with the Law of Malaysia and such Services may not be fulfilled in other jurisdictions out of Malaysia, such Services is being sold from a SP based within Malaysia, and the implementation of such Services caters to local laws and regulations. Users should familiarise themselves with each and every country shall apply their own country laws and regulation; hence the Services shall
be subject to restrictions that apply to the designating country which is the State of Malaysia (unless otherwise provided by the SP specifically describe describes the Services may apply to others designating country. Users acknowledge that Consult cannot provide any legal advice in this regard and agree that Consult shall not bear any risks or liabilities associated with the application / implementation of such Services within Malaysia or out of Malaysia.

16.5 Where the User elects to have a purchased item delivered by any other shipping method, the fee payable to the delivery company (“Shipping Fee”) shall be borne by the User, SP and Consult in such proportions as may be determined by Consult and published on the App from time to time. Consult shall (i) collect the User’s proportion of the Shipping Fee from the User, (ii) deduct the SP’s proportion of the Shipping Fee from the User’s Purchase Monies in accordance with Section 12.2, and (iii) pay the total Shipping Fee to the delivery company.

17. DISCHARGE ENGAGEMENT, APPOINTMENT OR CANCELLATION PURCHASESOR SUBSCRIPTION, RETURN AND REFUND

17.1 User may only cancel his/her order prior to the payment of User’s Purchase Monies into Consult Guarantee Account.

17.2 User may apply for the return of the purchased item and refund prior to the expiry of
Consult Guarantee Period, if applicable, subject to and in accordance with Consult’s Refunds and Return Policy. Please refer to Consult’s Refunds and Return Policy for further information.

17.3 Consult reserves the right to cancel any transaction / Purchases / Subscription or Discharge any Engagement / Appointment on the App and User agrees that User’s sole remedy will be to receive a refund of the User’s Purchase Monies paid into Consult
Guarantee Account.

17.4 If you have redeemed Consult Coins for your transaction and you are successful in obtaining a refund based on Consult’s Refunds and Return Policy, Consult shall refund the monies you have actually paid for the item and credit back any redeemed Consult Coins to your Account separately.

17.5 Consult does not monitor the cancellation, discharge, return and refund process for offline payment.

17.6 Refunds to Users will be made to their Consult wallet within Three (3) business days of the return or refund request being approved.

18. SP’S RESPONSIBILITIES

18.1 SP shall properly manage and ensure that relevant information such as the rate,
fees, charges, disbursement, price (the “Fee”) and the details of Services, inventory amount, service scope, services description, terms and conditions for sales is provided on SP’s listing or posted Services and shall not post inaccurate, or misleading information or misrepresentation, negligence, misconduct in delivering Services.

18.2 The Fee of Services for sale will be determined by the SP at his/her own discretion. The Fee of a Services, disbursement and other charges shall include the entire amount to be charged to User such as sales tax, value-added tax, tariffs, etc. and SP shall not
charge User such amount additionally and separately.

18.3 SP agrees that Consult may at its discretion engage in promotional activities to induce transactions between User and SP by reducing, discounting or refunding fees, or in other ways. The final Fee that User will pay actually will be the Fee that such adjustment is applied to.

18.4 For the purpose of promoting the sales of the Services listed by SP, Consult may post such Services (at adjusted price) on third-party webApps (such as portal Apps and price comparison Apps) and other webApps (domestic or foreign) operated by Consult or by Consult affiliates.

18.5 SP shall issue full receipts, credit card slips or tax invoices to User on request.

18.6 SP acknowledges and agrees that SP will be responsible for paying all taxes, customs and duties for the item sold and Consult cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, SPs are advised to seek professional advice if in doubt.

18.7 SP acknowledges and agrees that SP’s violation of any of Consult’s policy will result in a range of actions as stated in Section 7.1.

19. PAID PROMOTING SERVICES

19.1 Consult will be launching keyword advertising and/or other advertising services(hereinafter referred to as “Paid Promoting Services”) on an ongoing basis. SPs may purchase the Paid Promoting Services. Consult provides the Paid Promoting Services in accordance with these Terms of Service and any explanatory materials published on thisApp or otherwise communicated to SPs in writing (hereinafter referred to as the “Paid Promoting Services Policy” or “Ads Policy”). SPs who purchase Paid Promoting Services agree to be bound by the Paid Promoting Services Policy. If you are not agreeable to being bound by the Paid Promoting Services Policy, do not buy any Paid Promoting Services.

19.2 In order to purchase Paid Promoting Services, you must be an eligible SP under the Ads Policy or Paid Promoting Services Policy. At the time when you purchase and pay for the Paid Promoting Services, your Account must not be suspended.

19.3 You may purchase Paid Promoting Services by purchasing promoting credits on the Paid Promoting Services (“Promoting Credits”), and fees payable for the Paid Promoting Services will be deducted from the Promoting Credits on a pay-per-click basis, as determined by Consult. All Promoting Credits will be subject to goods and services tax. Except as otherwise provided in the applicable Paid Promoting Services Policy, you may not cancel the order and/or request for a refund after you have purchased Promoting Credits and completed the payment process. Consult will provide an electronic invoice for Paid Promoting Services purchased on a monthly basis or a period which chosen by the SPs and SPs are to ensure that a correct and working e-mail address is provided for receiving such invoices. The invoice will contain the name and address provided by you, the amount of Promoting Credits purchased and the remaining balance of your Promoting Credits as at the date of the invoice.

19.4 You have the option to purchase the Paid Promoting Services at the time you list a Service for sale or subsequently. When you purchase the Paid Promoting Services, you may 1) manage the Paid Promoting Services yourself or 2) authorize Consult to manage the Paid Promoting Services for you. In both cases, you may set promoting periods, etc. for each item in accordance with the Paid Promoting Services Rules. You may also choose to have your Promoting Credits automatically topped up via your Consult Wallet (“Promoting Credits Top Up Feature”) if your Promoting Credits balance falls below an amount set by you (“Promoting Credits Minimum Amount”). When activating the Promoting Credits Top Up Feature, you may choose the Promoting Credits Minimum Amount and the amount of top up, and you consent to the debit of your Consult Wallet in accordance with Section 10 of these Terms of Service. The Paid Promoting Services for each item will be activated and will expire on the respective dates set by you or Consult (the “Paid Promoting Services Period”). You will not be entitled to transfer the remaining Paid Promoting Services Period or Promoting Credits to other items if an item is sold or unlisted during the Paid Promoting Services Period you or Consult set (based on your instructions) for that item. The Promoting Credits will also not be refunded.

19.5 Where you have authorized Consult to manage the Paid Promoting Services for you, you understand and agree to indemnify, defend and hold harmless Consult from and against any and all losses which may be sustained, instituted, made or alleged against or suffered or incurred by Consult and which arises (whether directly or indirectly) out of, in the course of or in connection with Consult accessing your SP’s account and/or executing your instructions, for the purpose of managing the Paid Promoting Services on your behalf.

19.6 The Services you posted in Consult or on the App must comply with all relevant
laws and regulations, the Paid Promoting Services Rules, these Terms of Service and the Prohibited and Restricted Services Policy. You understand and agree that Consult has the right to immediately remove any listing which violates any of the foregoing and any Paid Promoting Services fees that you have paid or Promoting Credits you have used in relation to any listing removed pursuant to this Section 19.6 will not be refunded. Consult will also not be liable to compensate you for any loss whatsoever in relation to listings removed pursuant to this Section 19.6. 19.7 You understand and agree that Consult does not warrant or guarantee any increase in viewership, engagement, appointment, or subscription of your Services as a result of
the Paid Promoting Services.

19.8 You are advised to only purchase Paid Promoting Services after fully considering your budget and intended promotion objectives. Except as otherwise provided in these Terms of Service or the Paid Promoting Services Rules, Consult shall not be liable for any compensation or be subject to any liability (including but not limited to actual expenses and lost profits) for the results or intended results of any Paid Promoting Services.

19.9 IF, NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, CONSULTIS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE(INCLUDING FOR GROSS NEGLIGENCE) IN RELATION TO ANY PAID PROMOTINGSERVICES, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE AMOUNTPAID BY YOU FOR THE PAID PROMOTING SERVICES IN QUESTION ONLY.

20. TRANSACTION FEES

20.1 Consult charges a fee for all successful transactions completed on the App (“Transaction Fee”). The Transaction Fee is borne by the SP, and is calculated at Twenty percent (20%) of the User’s Purchase Monies, rounded up to the nearest cent. The Transaction Fee is subject to SST (“Tax Amount”), and the SP is responsible for such Tax Amount. For the avoidance of doubt, Consult will only charge Transaction Fee on fees quoted and paid by a User.

20.2 For SPs located outside of Malaysia, Consult charges a fee for all successful transactions completed on the App (“Cross Border Fee”). The Cross Border Fee is borne by the SP, and is calculated according to the rates as notified to such SPs from time to time on the App.

20.3 Following the successful completion of a transaction, Consult shall deduct the Transaction Fee and the Tax Amount, and the Cross Border Fee (as applicable) from the User’s Purchase Monies, and remit the balance to the SP in accordance with Section12.2. Consult shall issue receipts or tax invoices for the Transaction Fee and Tax Amount
paid by SP on request.

21. DISPUTES

21.1 In the event a problem arises in a transaction, the User and SP agree to communicate with each other first to attempt to resolve such dispute by mutual
discussions, which Consult shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.

21.2 Each User and SP covenants and agrees that it will not bring suit or otherwise assert any claim against Consult or its Affiliates (except where Consult or its Affiliates is
the SP of the product that the claim relates to) in relation to any transaction made on theApp or any dispute related to such transaction.

21.3 Users covered under Consult Guarantee may send written request to Consult to assist them in resolving issues which may arise from a transaction upon request. Consult
may, at its sole discretion and with absolutely no liability to SP and User, take all necessary steps to assist Users resolving their dispute. For more information, please refer to Consult’s Refunds and Return Policy. 21.4 To be clear, the services provided above is only available to Users covered under Consult Guarantee. User using other payment means for his/her purchase should contact SP directly.

22. FEEDBACK

22.1 Consult welcomes information and feedback from our Users which will enable Consult to improve the quality of service provided. Please refer to our feedback procedure below for further information:

(i) Feedback may be made in writing through email to or using the feedback form found on the App.
(ii) Anonymous feedback will not be accepted.
(iii) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
(iv) Vague and defamatory feedback will not be entertained.

23. DISCLAIMERS

23.1 THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY CONSULT OF ANY KIND EITHEREXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULARPURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OFDEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITINGTHE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLELAW, CONSULT DOES NOT WARRANT THAT THE SERVICES, THIS APP OR THEFUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS APP AND/OR THESERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHERHARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

23.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE ORPERFORMANCE OF THE App AND/OR THE SERVICES REMAINS WITH YOU TOTHE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

23.3 CONSULT HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENTPERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANYRESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF PRODUCTS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SPS TO SELL PRODUCTS/ SERVICES OR OF USERS TO PAY FORSERVICES / PRODUCTS. IF THERE IS A DISPUTE INVOLVING ONE OR MOREUSERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEENTHEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, RELEASE CONSULT AND ITS AFFILIATES FROM ANY AND ALLCLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITHANY SUCH DISPUTE.

24. EXCLUSIONS AND LIMITATIONS OF LIABILITY

24.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENTSHALL CONSULT BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVEOR IMPUTED), SERVICES / PRODUCT LIABILITY, STRICT LIABILITY OR OTHERTHEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OROTHERWISE, FOR:

(i) (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OFDATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATEDSAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THISApp OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGESRESULTING THEREFROM, EVEN IF CONSULT HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.

24.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECTTO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUESTFOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THESERVICES.

24.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, CONSULT IS FOUND BYA COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSSNEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLELAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THELESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THECONSULT GUARANTEE; AND (B) RINGGIT MALAYSIA FIVE HUNDRED (RM500.00)ONLY.

24.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANYLIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY CONSULT’SNEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OFCONSULT THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

25. LINKS TO THIRD PARTY APPS AND SHARING VIDEOS FROM YOUTUBE

25.1 Third party links provided throughout the App will let you leave this App. These links are provided as a courtesy only, and the Apps they link to are not under the control of
Consult in any manner whatsoever and you therefore access them at your own risk.
Consult is in no manner responsible for the contents of any such linked App or any link contained within a linked App, including any changes or updates to such Apps. Consult is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Consult of anylinked App and/or any of its content therein.

25.2 Consult allows you to share videos from YouTube on the Consult Livestream feature(“YouTube Content”). By sharing YouTube Content, you hereby agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms).

26. YOUR CONTRIBUTIONS TO THE SERVICES

26.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Consult.
You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant Consult and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, created erivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.

26.2 Any Content, material, information or idea you post on or through the Services, or otherwise transmit to Consult by any means (each, a “Submission”), is not considered confidential by Consult and may be disseminated or used by Consult without compensation or liability to you for any purpose whatsoever, including, but not limited to,
developing, manufacturing and marketing products. By making a Submission to Consult, you acknowledge and agree that Consult and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant Consult and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.

27. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS

27.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance,
compliance with law and legal restrictions associated with their Content contribution. As such, Consult is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold Consult responsible for any User’s actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

27.2 In addition, the Services may contain links to third party products, webApps, services and offers. These third party links, products, webApps and services are not
owned or controlled by Consult. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Consult has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their webApps or otherwise. By using the Services, you agree that Consult shall not be liable in any manner due to your use of, or inability to use, any webApp or widget. You further acknowledge and agree that Consult may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.

28. YOUR REPRESENTATIONS AND WARRANTIES

28.1 You represent and warrant that:
(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to complywith its terms; and
(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.

29. FRAUDULENT OR SUSPICIOUS ACTIVITY

29.1 If Consult, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect Consult, other Users or SPs, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

(a) We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;
(b) We may suspend your eligibility for Consult Guarantee;
(c) We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by a competent court or elsewhere and directed to Consult;
(d) We may refuse to provide the Services to you now and in the future;
(e) We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Consult or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

For the purposes of this Section:
“Chargeback” means a request that a User files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.
“Claim” means a challenge to a payment that a User or SP files directly with Consult.
“Reversal” means the reversal of a payment by Consult because (a) it is invalidated by the sender’s bank, (b) it was sent to you in error by Consult, (c) the sender of thepayment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated these Terms of Service or any other Consult policy, or (e) Consult decided a Claim against you.

30. INDEMNITY

30.1 You agree to indemnify, defend and hold harmless Consult, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”) from and against any and all claims,
actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the App, or any dispute in relation to such transaction (except where Consult or its Affiliates is the SP in the transaction that the dispute relates to), (b) the Consult Guarantee, (c) the hosting, operation, management and/or administration of the Services by or on behalf of Consult, (d) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (e) your use or misuse of the Services, (f) your breach of any law or any rights of a third party, or (g) any Content
uploaded by you.

31. SEVERABILITY

31.1 If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

32. GOVERNING LAW

32.1 These Terms of Service shall be governed by and construed in accordance with the laws of the State of Malaysia without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed.
Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of
Service against or relating to Consult or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Malaysia for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.

33. GENERAL PROVISIONS

33.1 Consult reserves all rights not expressly granted herein.

33.2 Consult may modify these Terms of Service at any time by posting the revised Terms of Service on this App. Your continued use of this App after such changes have been posted shall constitute your acceptance of such revised Terms of Service.

33.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

33.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Consult, nor does it authorise you to in curany costs or liabilities on Consult’s behalf.

33.5 The failure of Consult at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.

33.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Consult’s affiliates and subsidiaries (and each of Consult’s and its affiliates’ and subsidiaries’ respective successors and assigns).

33.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the App and supersede any previous agreement or understanding between the parties in relation to such subject
matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

33.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act, the Singapore Prevention of Corruption Act and the Malaysian Anti-Corruption Commission Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.

33.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the App, please contacts us at: support@consultsapp.com

LEGAL NOTICES: Please send all legal notices to support@consultsapp.comandAttention it to the “General Counsel”.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONSCONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKINGTHE “SIGN UP ” OR “CONNECT WITH FACEBOOK” or “CONNECT WITH PLAYSTOREACCOUNT / APPLE STORE ACCOUNT / OTHERS ACCOUNT” BUTTON DURINGREGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNEDMY NAME MANUALLY.

Prohibited and Restricted Items policy

It is SP’s responsibility to ensure that their proposed item complies with all laws and is allowed to be listed for sale in accordance with Consult’s terms and policies before listing the item on the selling platform. For the SPs’ convenience, Consult has provided below anon-exhaustive guideline on prohibited and restricted services that are not allowed for sale on Consult. Consult will update this guideline from time to time where necessary.

Please visit this page regularly for updates.

1. VIOLATION OF OUR TERMS OF SERVICE

Violations of this Prohibited and Restricted Services Policy may subject the SP to a range of adverse actions, including but not limited to any or all of the following:
– Service Listing deletion
– Limits placed on Account privileges
– Account suspension and termination
– Legal actions

2. LIST OF PROHIBITED AND RESTRICTED SERVICES

a. Services with without Consult Approval;
b. illegal Services / Services Violating Laws or Regulation State of Malaysia;
c. Services which not tally with the Services Description;
d. Services which complaints and reports by the User;
e. Services posted by the Agent / Representative / Proxy or any Party representing the Professional or not direct providing by the Professional
him/her self.;
f. Any scenario that Consult may think the Services not suitable for the platform;
g. any Services posted by the Profession which the Profession failed to registered with the respective Authority or the license of the Professional has expired.
h. Services without proper description.
i. Unless expressly allowed by Consult, the provision of services, including but not limited to services that are sexual, illegal in nature or in violation of the Terms of Service, are prohibited on Consult’s platform.
j. Unless expressly allowed by Consult, the provision of services, including but not limited to services indirectly related tp sexual, illegal in nature or in violation of the Terms of Service, are prohibited on Consult’s platform.
k. Services directly or indirectly relate to Shares, stock, other securities and stamps.
l. Services directly or indirectly relate to providing Tobacco or tobacco-related products, including without limitation electronic cigarettes/e-juices that contain nicotine;
m. Services / Posting directly or indirectly relate to Obscene, seditious or treasonous materials
n. Services directly or indirectly that (a) relate to campaigns, elections, political
issues, or issues of public debate, (b) advocate for or against, or attack a politician or political party, or (c) promote or encourage any form of hate, crime, prejudice, rebellion or violence;
o. Services / publications, news, article, statement, books, films, videos and/or video games that do not comply with applicable laws in the country of sale and/or delivery
p. Any other Services that are, or that contain components that are (i) illegal or restricted in the jurisdiction of the User and/or the SP or which otherwise encourage illegal or restricted activities, or (ii) determined by any governmental or regulatory authority to pose a potential health or safety risk.
If you see a listing that violates our policies, please report it to us by clicking the “Report this Product” or “Report this User” or “Report this SP” button from the drop-down menu in the product or the user page. When a policy violation occurs, we will send an email, system message and push notification to SP to let them know that the listing has been removed from our WebApp / APP. We will also send a push notification to the User of said listing. You are responsible for ensuring that your phone settings allow you to receive push notifications.

Consult Guarantee Period

Consult Guarantee period consist of Three (3) Days For Confirmation Services Delivered / Contacted and Professional Estimated Services Delivery Time, starting from your payment confirmation date.

Services Delivery Time – Determined by SP based on the number of days it takes to prepare for delivery.