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Terms of Use

UPDATED AND EFFECTIVE AS OF November 1, 2026

Before you use the platform, please read the following terms and conditions carefully. By using the platform, you signify your agreement to these terms and conditions and you shall be bound by the same. If you do not agree to any of these terms and conditions, do not use the platform.

1. General

  1. Welcome to the KALEOZ website https://kaleoz.com/ ("KALEOZ" or "Site") and/or KALEOZ mobile apps ("App") (if applicable) (collectively, the "Platform"). KALEOZ is a marketplace that allows users to offer, request, buy, and/or sell digital products. The actual contract for sale is directly between Buyers and Sellers. While KALEOZ may help to facilitate the resolution of disputes between Buyers and Sellers, KALEOZ has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of User’s content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

  2. These Terms of Use (“Agreement”), together with the KALEOZ Privacy Policy and all other policies posted on our sites, sets out the terms and conditions under which KALEOZ provides you with access to and use of our sites, services, applications, and tools (collectively, the “Services”). This Agreement governs your rights and obligations as a user of the platform operated and managed by KALEOZ TECHNOLOGY SDN. BHD. (Company Registration No. 202501002202 (1603616­V)) and its subsidiaries and affiliates (individually and collectively, “KALEOZ,” “we,” “us,” or “our”).

    This Agreement is entered into between you, as the user of our Services (“User”), and KALEOZ TECHNOLOGY SDN. BHD. (Company Registration No. 202501002202 (1603616V)) (“KALEOZ”, “we”, “us” or “our”). The KALEOZ Privacy Policy and all other applicable policies are incorporated by reference into this Agreement. By accessing or using the Services, you agree to comply with this Agreement and all incorporated policies. For the avoidance of doubt, KALEOZ operates the Platform as an independent online marketplace and service provider connecting Buyers and Sellers. Unless expressly stated otherwise in these Terms, KALEOZ is not the seller, purchaser, publisher, developer, owner, importer, distributor, agent, broker, representative, partner or joint venturer of or with any User in respect of any Goods or Sale Contract.

  3. Acceptance of the Agreement: By registering an account and accessing any part of the Platform, you acknowledge and agree that your use of the Platform shall be governed by this Agreement, as well as any specific rules, procedures, terms, and conditions applicable to the products, services, or facilities offered, as determined or amended by us from time to time at our sole discretion. If you do not accept all the terms and conditions of this Agreement, please do not use the Platform.

  4. We may amend, modify, update, supplement or replace this Agreement, any Platform Policy, Product Listing Policy, fee schedule, operational procedure or other terms applicable to the Services from time to time. Unless otherwise required by applicable law, such changes may be made by posting the updated version on the Platform and shall take effect on the date specified by KALEOZ or, if no date is specified, upon posting. Where reasonably practicable, KALEOZ may provide notice of material changes through the Platform, email or other communication channel. Your continued access to or use of the Platform after the effective date constitutes your acceptance of the updated terms. You are responsible for reviewing the applicable terms regularly.

2. Definitions

In this Agreement, the following words and expression shall have the following meanings unless the context otherwise requires:

  1. Account means your account duly registered to facilitate you using the Services available on the Platform (or any of them);

  2. Agreement means this agreement governing the use of the Services by you as may be amended at any time and from time-to-time as and when KALEOZ shall in its absolute discretion deems necessary and shall include: (i) any rules, procedures, terms and conditions for products, services or facilities, as determined by KALEOZ from time-to-time; and (ii) any documents, directives, correspondence and agreements referred to in this Agreement and forming a part hereof, together with any amendments made at any time or from time-to-time to any of the foregoing;

  3. Business Day means a day that is not a Saturday, a Sunday or a public holiday or bank holiday in the Federal Territory of Kuala Lumpur and Selangor;

  4. Buyer means the person who purchases items on the Platform;

  5. Content: means all information, linked pages features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, tools, application services (including limitation, any mobile application services) or other materials made available on or through the Platform or its related services;

  6. “Goods” means digital items, virtual items, digital codes, game-related items, accounts, top-ups, subscriptions, services and/or other goods or services listed by a Seller for sale through the Platform, in each case only to the extent permitted by KALEOZ and applicable law.

  7. Intellectual Property means all copyrights, trademarks, service marks, brand names, logos, copyrighted information and other intellectual properties belong to the corresponding owners/ publishers/ developers and/or KALEOZ, respectively;

  8. Legal Age means the legal age capable of giving consent hereunder pursuant to the applicable laws in your jurisdiction;

  9. Parties means collectively, KALEOZ and you and “Party” shall mean any of them;

  10. Platform means collectively, the web Platform presently known as KALEOZ.com, and/or any other platform providing such Services administered, developed and managed by KALEOZ;

  11. Registered User means a User duly registered on the Site;

  12. “Sale Contract” means the contract formed directly between the relevant Seller and Buyer through the Platform for the sale of Goods. KALEOZ is not a party to any Sale Contract and does not assume the Seller’s or Buyer’s contractual obligations under it.

  13. “Seller” means a person or legal entity registered with KALEOZ who lists, offers or sells Goods through the Platform, whether acting as a principal, authorised reseller or other lawful supplier.

  14. Service(s) means (a) the Platform; (b) the services provided on the Platform made available through the Platform; and (c) the Content;

  15. Submission means any material, information or idea you provided to us by any means;

  16. “User” means any person who accesses or uses the Platform or Services, whether or not registered with KALEOZ, including any person acting for or on behalf of a legal entity. Where a User acts for a legal entity, the User represents and warrants that the User has authority to bind that entity, and the entity shall be jointly and severally responsible for the User’s acts and omissions in connection with the Platform.

  17. User Name means the user alias given to each Registered User;

  18. Transaction Risks means the risks assumed by Users when using the Platform or conducting transactions on or through the Platform. Transaction Risks include risks of liability or harm of any kind in connection with using the Site. Such risks shall include, but are not limited to:

    1. Misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, and breach of contract.

    2. Risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Intellectual Property rights, and the risk that Users may incur costs of defense or other costs in connection with third parties' assertion of such rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands, or claims.

    3. Risks that consumers, other purchasers, end-users of products, or others claiming to have suffered injuries or harms relating to product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products.

3. Access to the Platform

  1. To access and use the full functions and features of the Platform and/or Services, you must create an account ("Account") by completing the registration process and providing accurate, current, and complete personal information. You are required to promptly update such information as necessary to maintain its accuracy. Each person is limited to one Account, unless otherwise expressly approved by KALEOZ. No Account may be created on behalf of or to impersonate another person. If KALEOZ determines that a fraudulent or impersonated Account has been created, it reserves the right to immediately suspend or terminate the Account, inform relevant authorities, and take any other remedial action without liability.

  2. The approval of your registration as a User, Buyer and/or Seller on the Platform, and your continued access to the Platform and Services, shall be at the sole and absolute discretion of KALEOZ. You acknowledge and agree that KALEOZ may conduct credit assessments and/or background checks (including but not limited to checks with credit bureaus, reporting agencies, and through "Electronic Know Your Client" (“EKYC”) procedures) either directly or through authorised third-party service providers. You agree to execute all necessary consent forms and provide all required documentation promptly to facilitate such verification. Your access to the Platform and Services is conditional upon KALEOZ’s satisfactory completion of these checks.

  3. Upon registration, you may select or be assigned a username. You shall be solely responsible for maintaining the confidentiality and security of your username, password, security codes, and all access credentials. You agree to:

    (i) not share your Account credentials with any third party;

    (ii) monitor all activities and transactions associated with your Account; and

    (iii) notify KALEOZ immediately upon becoming aware of any unauthorised access, misuse, or security breach involving your Account.

  4. By becoming a Registered User, you consent to be governed by our Privacy Policy. You acknowledge that KALEOZ may collect, use, disclose, retain and otherwise process your personal data for the purposes described in the Privacy Policy and as permitted or required by applicable law, including for account administration, KYC/KYB, fraud prevention, transaction monitoring, dispute management, payment processing, security, compliance and enforcement. You acknowledge that certain information may need to be disclosed to transaction counterparties, payment service providers, regulators, law enforcement agencies and other service providers where reasonably necessary or legally permitted.

  5. Any instruction, notification, confirmation, listing, order, withdrawal request, refund request or other communication received through or authenticated by your Account shall, to the extent permitted by applicable law, be treated as authorised by you. You are responsible for all activity conducted through your Account unless you have promptly notified KALEOZ of unauthorised access and the relevant loss was caused by KALEOZ’s fraud, wilful misconduct or negligence. KALEOZ may rely on Account activity without independently verifying the identity or authority of the person using the Account.

  6. You are solely responsible for:

    (i) procuring, at your own cost, the necessary devices, software, internet access, and service plans required to connect to the Platform and use the Services;

    (ii) bearing all third-party charges incurred in connection with such access; and

    (iii) ensuring that you are familiar with and comply with the operational guidelines, procedures, and applicable laws, rules, and regulations related to the use of the Platform and Services.

  7. You shall immediately notify KALEOZ in writing upon:

    (i) discovering any incomplete, garbled, inaccurate or unintended data or information received from KALEOZ or the Platform;

    (ii) receiving any information not intended for you;

    (iii) identifying any unauthorised, suspicious or inaccurate transaction on your Account. You agree not to use or disclose any data or information that is not intended for you, and shall delete such data upon discovery or notification.

  8. KALEOZ reserves the right to subcontract, delegate, assign, novate, or transfer, in whole or in part, the operation of the Platform and/or provision of the Services to any of its subsidiaries, affiliates, related entities, or third-party service providers, without notice to or consent from you.

  9. You hereby irrevocably consent to receiving notifications, promotional communications, and service-related updates from KALEOZ through your Account. You may manage your preferences through your Account settings, where applicable.

  10. The Platform may contain links to third-party websites or services. Such links are provided for your convenience only. KALEOZ does not control, endorse, or assume any responsibility for any content, privacy practices, or terms of use on such third-party sites. Your access and use of any third-party content is at your own risk. Additionally, by using the Platform, you acknowledge and accept that you may be exposed to content that is offensive or objectionable, and to the fullest extent permitted by law, KALEOZ shall not be liable for any loss or damage arising from such content.

  11. Your use of the Platform is subject to KALEOZ’s Privacy Policy, which governs our collection, use, and disclosure of your personal data. By continuing to use the Platform, you acknowledge and accept the current version of the Privacy Policy as published on the Site and agree to any updates or amendments made thereto from time to time.

4. Seller Representations, Warranties and Obligations

  1. You may list and sell Goods on the Platform subject to the operational procedures, listing guidelines, Product Listing Policy, Seller Policy, payment requirements and other terms or policies prescribed by KALEOZ from time to time. KALEOZ may approve, reject, moderate, edit, restrict, suspend or remove any listing at any time and is not obliged to provide a reason, except where required by applicable law. All such listings are subject to KALEOZ’s approval, moderation, and compliance requirements.

  2. KALEOZ reserves the right, at its sole and absolute discretion, to:

    i) Classify, group or categorise Sellers based on internal criteria;

    ii) Recommend or determine acceptable pricing ranges for certain categories of Goods and/or Services;

    iii) Remove or restrict the listing of Goods and/or Services that violate applicable law, KALEOZ’s internal policies or third-party rights, including but not limited to:

    a) Illegal, fraudulent or unauthorized items;

    b) Adult, obscene, or pornographic content or products, or any item deemed inappropriate by KALEOZ (see Product Listing Policy);

    c) Goods or Services that infringe copyright, trademark or other intellectual property rights, including those subjects to takedown notices.

  3. By registering for an account, accessing the Platform, or listing Goods, you irrevocably represent, warrant, acknowledge and undertake to KALEOZ that:

    1. You are of legal age to form a binding agreement. If you are under the legal age, you have obtained the express consent of a parent or legal guardian who has agreed to these terms on your behalf;

    2. All personal and business information provided to KALEOZ, including your full name, contact details, and identification documents, is true, complete, and accurate, and you shall promptly notify KALEOZ of any updates or changes;

    3. You will keep your account credentials (including password) secure and confidential, and shall not allow any unauthorized party to access or use your account;

    4. You have obtained and will maintain throughout the relevant period all rights, licences, permits, consents, authorisations and contractual rights required to source, possess, advertise, market, list, sell, deliver and fulfil the Goods, including any rights required by a publisher, developer, brand owner, platform operator or other third-party rights holder.

    5. Your listings, User Content, Goods, pricing, sale, delivery and fulfilment will comply with all applicable laws, regulations, sanctions, export controls, consumer protection requirements, intellectual property rights, contractual restrictions and third-party terms, including any applicable publisher or platform terms.

    6. You shall honour and perform every Sale Contract and shall deliver or provide the Goods strictly in accordance with the applicable listing and Sale Contract, within the stated delivery time and in the form, quantity, quality and condition represented to the Buyer. You remain solely responsible for all acts and omissions of your employees, agents, suppliers, contractors and other persons engaged by you.

    7. The Goods and all related descriptions, specifications, images, claims, prices, availability and representations are accurate, complete and not misleading, and the Goods delivered to the Buyer shall conform in all material respects to the listing and Sale Contract.

    8. You shall not manipulate ratings, reviews, orders, prices, search results, sales volumes, promotions, buyer protection mechanisms or any other Platform feature, including through multiple accounts, self-purchases, collusion, fake transactions or other artificial activity.

  4. You agree and undertake that you shall not, directly or indirectly, whether through the Platform or in connection with a transaction initiated through the Platform:

    1. Use the Platform to impersonate any individual or entity or misrepresent your identity or affiliation;

    2. Use the Platform or its Services to conduct illegal, unethical, fraudulent, immoral, or infringing activities;

    3. Circumvent any payment, escrow, delivery or communication processes provided or required by KALEOZ;

    4. Solicit or transact with any Buyer obtained through the Platform outside of the Platform, or attempt to recruit or poach such Buyers;

    5. Copy, reproduce, or commercially exploit any Platform content without KALEOZ’s prior written consent;

    6. Introduce viruses, worms, trojans, or other harmful code to disrupt or impair the Platform’s operation;

    7. Upload, transmit, or otherwise disseminate unauthorized advertising, spam, pyramid schemes, or solicitations;

    8. Attempt to reverse engineer, decompile, hack, or interfere with the Platform’s systems, networks, or data integrity;

    9. Collect or harvest information from other users or from the Platform without authorization;

    10. Take any action that imposes an unreasonable burden on the Platform’s infrastructure or interferes with other users’ enjoyment of the Services;

    11. Violate any applicable anti-money laundering (AML), counter-terrorism financing (CTF), anti-corruption, sanctions, or export control laws or regulations.

  5. You shall be solely and fully liable for all claims, losses, disputes, liabilities or damages arising out of or in connection with any Sale Contract concluded with a Buyer through the Platform, including but not limited to non-delivery, delay, misdescription, defective Goods and/or Services, and intellectual property infringement.

  6. KALEOZ shall not, under any circumstances, be deemed to be the Seller, Buyer, agent, trustee, fiduciary or guarantor of any User in relation to a Sale Contract, nor be liable for any Buyer’s failure to pay or perform, except to the extent liability cannot lawfully be excluded. The risk of Buyer default, Seller performance and fulfilment shall remain with the relevant contracting parties.

5. Use and Availability of KALEOZ Platform and Services

  1. In consideration of your agreement to this Agreement, KALEOZ grants you a limited, non-exclusive, non-transferable right to access and use the KALEOZ Platform and Services solely as necessary for the purposes set forth herein. The KALEOZ Platform and Services, including all information contained in or made available through them (collectively, the “KALEOZ Platform/Services”), shall remain the sole property of KALEOZ and shall not be commercialized in any manner whatsoever without KALEOZ’s prior written consent.

  2. KALEOZ may release certain Services or features in beta or trial versions, which may not operate as expected or in the same manner as the final version. KALEOZ shall bear no liability for any issues, losses, or damages arising from your use of such beta or trial versions.

  3. KALEOZ may require you, from time to time, to verify your identity to confirm ownership of your account or to comply with applicable laws and regulations, including but not limited to anti-money laundering and counter-financing of terrorism obligations. This verification process may also be conducted to prevent unauthorized use of accounts and to resolve disputes regarding account ownership. You irrevocably authorize KALEOZ, whether directly or through its third-party service providers, to conduct any inquiries and collect any documentation it deems necessary to verify your identity. You shall provide true, accurate, current, and complete information that can be substantiated with legally recognized documentation.

  4. KALEOZ reserves the right, at its sole and absolute discretion, to change, modify, suspend, or discontinue any part of the KALEOZ Platform or Services at any time, with or without notice as may be required under applicable law. KALEOZ may also impose limits on certain features or restrict your access to parts of, or the entire Platform and/or Services without any liability to you.

  5. For the purpose of enhancing performance and improving service delivery, KALEOZ may periodically conduct evaluations of the KALEOZ Platform and Services. You irrevocably grant KALEOZ the right to review and monitor your account activity and transactions carried out on the KALEOZ Platform, as part of such evaluations.

  6. If your account remains inactive for a continuous period of twelve (12) months, KALEOZ reserves the right, at its absolute discretion, to impose an account maintenance fee.

  7. Except as otherwise stated in this Agreement or with KALEOZ’s prior written approval, you shall not, and shall not allow any third party to:

    (i) copy, distribute, reproduce, or disseminate any part of the KALEOZ Platform/Services except as required for legitimate use under this Agreement;

    (ii) rent, lease, sub-license, loan, translate, merge, adapt, vary, or modify any part of the KALEOZ Platform/Services;

    (iii) alter, combine, or integrate the KALEOZ Platform/Services with any other software or systems;

    (iv) disassemble, decompile, reverse-engineer, or create derivative works based on the KALEOZ Platform/Services;

    (v) access or disclose the underlying software (including object or source code);

    (vi) use the KALEOZ Platform/Services for any unlawful, unauthorized, fraudulent, or malicious purposes;

    (vii) collect or harvest information from KALEOZ’s systems or attempt to decipher transmissions to or from KALEOZ’s servers;

    (viii) access data or accounts not intended for you;

    (ix) interfere with the KALEOZ Platform/Services or introduce any viruses, malware, or harmful code;

    (x) hack, abuse, or compromise KALEOZ’s systems or software; or

    (xi) send unsolicited advertising or use the platform in a manner that could damage, disable, overburden, or impair KALEOZ’s infrastructure or other users’ access and use.

6. Listing, Transactions, and Platform Use on KALEOZ

  1. All items listed on KALEOZ must be genuinely available for sale. By listing an item, you represent and warrant that you have the full legal and beneficial right to sell the item, and that the listing and sale do not breach any applicable law, regulation, contractual restriction, or third-party rights. You agree to ensure that each listing complies with this Agreement, including all current and future KALEOZ policies and platform requirements. Listings must be accurate, complete, and placed in the most appropriate category with all relevant tags. You are responsible for updating any listing information as necessary to ensure continued accuracy and compliance.

  2. By uploading or submitting any content to the Platform, you represent and warrant that you own, or have obtained all necessary rights, licenses, approvals, and permissions to use, publish, and allow KALEOZ to display, transmit, and utilize the content for any purpose under this Agreement. You further confirm that such content does not infringe or misappropriate the intellectual property, moral, proprietary, privacy, or personality rights of any third party.

  3. You hereby grant KALEOZ and its affiliates a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, fully transferable, assignable, and sublicensable license to use, store, display, host, reproduce, modify, adapt, and distribute such content in any form or medium now known or later developed, in accordance with KALEOZ's purposes.

  4. Users who receive personal data (including contact details) through the use of the Platform may only use such information for purposes related to the relevant transaction or permitted KALEOZ communication. Unauthorised use of such data, including marketing or unsolicited communications, is strictly prohibited and may result in penalties or account termination.

  5. KALEOZ reserves the right, at its sole discretion and without prior notice to the extent permitted by law, to edit, remove, suspend, restrict, disable or delete any content, account, listing, transaction or communication that KALEOZ considers unlawful, fraudulent, misleading, unsafe, inappropriate, infringing, high-risk, contrary to Platform Policies, detrimental to the Platform or its Users, or otherwise requiring action for legal, regulatory, security or risk-management reasons. KALEOZ may disclose relevant information to regulators, law enforcement agencies, payment service providers, rights holders, investigators and other third parties where reasonably necessary or legally permitted.

  6. You agree not to post, list, or engage in any activity on KALEOZ that:

    1. Involves the sale of counterfeit, infringing, stolen, or fraudulent items;

    2. Promotes or facilitates illegal, immoral, or deceptive behavior;

    3. Infringes on intellectual property or third-party rights;

    4. Violates any local, national, or international law, regulation, or guideline;

    5. Is defamatory, libelous, obscene, harassing, or harmful to minors;

    6. Promotes hate speech, discrimination, or violence;

    7. Contains malware, viruses, or other harmful code;

    8. Involves unauthorized advertising, phishing, or spam;

    9. Circumvents, undermines, or competes with KALEOZ’s business or services;

    10. May result in liability, losses, or reputational harm to KALEOZ.

  7. KALEOZ provides the KALEOZ platform as an online venue for Buyers and Sellers to conduct transactions. KALEOZ does not act as a party, agent, or representative in any transaction. All commercial terms (e.g., payment, delivery, returns, refunds, warranties, licenses, permits, and taxes) are solely agreed between users.

  8. KALEOZ does not guarantee the accuracy, quality, legality, or availability of listings or products. Users acknowledge the risk of dealing with anonymous, fraudulent, or misrepresented accounts and release KALEOZ from any and all liability arising from their dealings on the Platform.

  9. Each User acknowledges and agrees that they fully assume all risks associated with any transactions conducted through the Site (“Transaction Risks”), including, without limitation, the risk of liability or harm of any nature arising from the use of the Site. Such risks may include, but are not limited to, payment disputes, fraud, counterfeit goods, breach of terms by other Users, or any interruption, delay, or failure in communication or service.

  10. KALEOZ shall not be held liable or responsible for any loss, damage, liability, cost, inconvenience, business disruption or expense arising out of or in connection with Transaction Risks or a User’s dealings with another User, except to the extent caused by KALEOZ’s fraud, wilful misconduct or negligence or where such exclusion is prohibited by applicable law.

  11. Prohibited Goods and activities. Without limiting any other restriction in these Terms or the Product Listing Policy, Sellers must not list, offer, sell, facilitate, promote or deliver any Goods or transaction that involves or facilitates: (a) stolen, hacked, compromised or unauthorised accounts, credentials, passwords, login information, access tokens or authentication codes; (b) cheats, hacks, bots, exploits or tools intended to circumvent security or game/platform rules; (c) gambling, betting, games of chance, lotteries, skin betting, wagering or similar activities; (d) counterfeit, infringing, pirated, unauthorised or unlawfully obtained Goods; (e) Goods or services prohibited by a publisher, developer, platform operator, payment provider or applicable law; or (f) any other category designated by KALEOZ as prohibited or restricted. KALEOZ may immediately remove, suspend or reject any such listing and may take any other action permitted under these Terms.

  12. Users are solely responsible for the payment of all applicable sales, use, value-added, or other taxes, duties, levies, or governmental charges arising from their access to or use of the Site and any transactions conducted thereon.

7. Fees and Payment Obligations

  1. The Buyer shall pay the full amount due under any Sale Contract (“Sale Contract Sum”) exclusively through KALEOZ’s approved payment channels and payment service providers using the payment methods made available on the Platform, subject to the terms and conditions of the relevant payment service provider. KALEOZ may decline, reverse, delay or require additional verification for any payment or transaction where reasonably necessary for fraud prevention, security, compliance, payment-provider requirements or risk management.

  2. Subject to the applicable settlement process, successful delivery or completion of the Goods, receipt of any supporting evidence reasonably required by KALEOZ, and the absence of a pending complaint, dispute, chargeback, refund, reversal or other risk event, KALEOZ may credit or make available the relevant amount to the Seller, less applicable fees, charges, refunds, reversals, reserves, taxes, withholding amounts, adjustments, penalties and other amounts properly deductible under these Terms.

  3. Notwithstanding anything to the contrary, KALEOZ may, at its sole discretion and without liability, withhold, delay, suspend, reserve, reverse or set off any amount otherwise payable to a Seller where KALEOZ reasonably considers it necessary or appropriate, including for:

    1. Pending or ongoing investigations into suspected fraud, money laundering, illegal activity, security breaches, or other high-risk transactions;

    2. Buyer complaints, disputes, chargebacks, or refund requests;

    3. Potential breaches of this Agreement, applicable laws, or Platform Policies;

    4. Market volatility, payment gateway issues, or force majeure events;

    5. Regulatory or compliance requirements.

  4. Without limiting Clause 7.3, KALEOZ may establish and maintain a reserve against a Seller’s payouts for reasonably anticipated chargebacks, refunds, reversals, fraud losses, disputes, claims, penalties, fees and other liabilities. The reserve may be maintained for the period reasonably required having regard to the applicable payment-provider rules, transaction risk, dispute period and nature of the Goods. A reserve or hold does not constitute a finding that the Seller is liable.

  5. KALEOZ may retain or reserve such funds for so long as reasonably necessary to complete an investigation, satisfy a payment-provider or regulatory requirement, resolve a dispute, chargeback, refund or reversal, or protect KALEOZ, its Users and the integrity of the Platform. Where reasonably practicable, KALEOZ may release any remaining undisputed balance once the relevant risk or liability has been resolved. No interest shall accrue on any amount withheld or reserved unless required by applicable law.

  6. KALEOZ may recover any unpaid fees, penalties, or other amounts owed by a User by charging any payment method linked to the User’s account, setting off against any payouts due, or taking enforcement action including legal proceedings and engaging collection agencies.

  7. All fees payable for the use of KALEOZ, including without limitation seller and buyer fees, are published on KALEOZ’s User Guide and Payment Methods pages and may be updated by KALEOZ at any time without prior notice. Late payments, failed payments, or breaches of payment obligations may result in additional charges, administrative fees, or suspension/termination of Platform access.

8. Trading Deposit

  1. The Trading Deposit is a separate requirement applicable to certain combinations of product categories. A Seller may provide the applicable Trading Deposit to obtain the Trading Deposit Badge or to satisfy the deposit requirement for the relevant selling channel.

  2. The amount of the Trading Deposit shall be determined based on the applicable product category combination. Where a Trading Deposit is required as a condition for access to a particular selling channel, the Seller must pay the applicable Trading Deposit in full before such selling channel is enabled.

  3. The Trading Deposit is refundable upon the Seller’s request, subject to these Terms and any applicable refund conditions. KALEOZ may retain the Trading Deposit for up to ninety (90) days from the date of the Seller’s refund request, or longer where reasonably necessary if there is a pending transaction, dispute, chargeback, refund, reversal, claim, investigation, regulatory requirement or other contingent liability attributable to the Seller. KALEOZ may retain only the amount reasonably required to cover such actual or reasonably anticipated liability and may release any undisputed balance.

  4. KALEOZ reserves the right to withhold, deduct, apply or forfeit all or any part of the Trading Deposit to the extent reasonably required to satisfy or recover any amount owed by the Seller arising from a breach of these Terms, Platform Policies, a Sale Contract, applicable law, a chargeback, refund, reversal, claim, penalty, loss or other liability attributable to the Seller.

  5. The applicable Trading Deposit tier and amount shall be determined based on the relevant product category combination. Kaleoz shall notify the Seller of the applicable Trading Deposit amount before the relevant deposit requirement becomes applicable.

  6. The Trading Deposit is intended to provide buyers with an additional level of confidence by demonstrating that the Seller has provided the required deposit applicable to the relevant product category combination.

  7. Payment of the Trading Deposit, and the Seller’s receipt of any Trading Deposit Badge, does not constitute or imply approval by Kaleoz for the Seller to sell any particular product or product category. Kaleoz reserves the right to determine, at its discretion and in accordance with its applicable requirements and Platform rules, whether a Seller is eligible to sell any particular product or product category.

9. Dispute Resolution Between Users

  1. In the event of a dispute between you and another User or any third party, you agree to first attempt to resolve the matter amicably through direct communication with the other party. We strongly encourage Users to cooperate in good faith to resolve such disputes without escalation.

  2. If a resolution cannot be reached independently, KALEOZ may, at its sole and absolute discretion, offer assistance through our internal dispute resolution process. Users acknowledge and agree that:

    (a) KALEOZ is under no obligation to mediate or resolve disputes between Users or between a User and any third party;

    (b) any assistance provided is done strictly as a goodwill gesture and does not constitute a legal obligation, representation, or warranty of any kind; and

    (c) KALEOZ’s decisions in relation to any dispute resolution process are final and binding to the extent permitted by law.

  3. Nothing in this clause prevents a User from exercising any non-excludable statutory right or complying with the rules of a payment network, payment service provider, card scheme or regulator. Where a dispute, chargeback, payment reversal or other external process is initiated, KALEOZ may suspend, restrict or hold the relevant transaction or account while it investigates and may recover from the responsible User any amount, fee, loss or expense attributable to that User to the extent permitted by law.

    Users who initiate such third-party interventions while an internal dispute is pending will be deemed to have interfered with KALEOZ’s investigative process. KALEOZ reserves the right to:

    (a) suspend or permanently ban the User’s account;

    (b) deny the User access to any current or future services; and/or

    (c) treat such actions as a waiver of further participation in the platform’s dispute process.

  4. Where a Seller is found liable to reimburse a Buyer or KALEOZ as a result of a dispute or investigation, the Seller expressly authorizes KALEOZ to deduct the reimbursement amount (in any supported currency) from their designated payment method on file. The Seller is required to maintain a valid and up-to-date payment method with KALEOZ at all times.

    If the Seller’s designated payment method is invalid or has insufficient funds, the Seller agrees that KALEOZ may:

    (a) add the outstanding amount to the Seller’s monthly invoice;

    (b) suspend payouts to the Seller until full settlement is received; and/or

    (c) initiate collection efforts, including through third-party collection agencies or legal counsel, and recover all associated costs from the Seller.

  5. If KALEOZ determines, acting reasonably and based on the information available to it, that a dispute or investigation arose from a material breach of these Terms or Platform Policies by a User, KALEOZ may, to the extent permitted by law, impose a reasonable administrative charge or require additional security, suspend or restrict the Account, and/or require reimbursement of KALEOZ’s reasonable investigation, payment-processing, collection and dispute-resolution costs.

    (a) authorizes KALEOZ to impose a penalty of up to RM1,000.00 (or equivalent in another currency) via the payment method on file;

    (b) may have their account suspended, restricted, or terminated; and/or

    (c) may be required to deposit up to RM1,000.00 (or equivalent) as a condition of reactivation or continued use of the Platform.

  6. To the fullest extent permitted by applicable law, you agree to release, indemnify and hold harmless KALEOZ, its affiliates, and their respective directors, officers, employees and agents from and against all claims, liabilities, losses, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with any dispute, claim or proceeding between you and another User or any third party, except to the extent finally determined to have resulted from the fraud, wilful misconduct or negligence of the relevant KALEOZ Indemnified Party.

10. Sale Contract Disclaimer

  1. All Sale Contracts are strictly between the Buyer and Seller. KALEOZ is not a contracting party and does not assume the Seller’s or Buyer’s contractual obligations. KALEOZ operates the Platform as an online marketplace and may provide technical, administrative and payment-processing facilitation through third-party payment service providers and other service providers. Such facilitation does not make KALEOZ the seller, purchaser, agent, broker, representative, partner or joint venturer of any User and does not transfer responsibility for the Goods or Sale Contract to KALEOZ.

  2. Seller remains solely responsible for the Goods and the Sale Contract. Nothing in these Terms relieves a Seller of responsibility for product authenticity, title, legality, licensing, fulfilment, delivery, refunds, taxes, consumer claims, intellectual property, or any other obligation arising from the Seller’s Goods or dealings with a Buyer.

  3. KALEOZ does not represent either the Buyer or Seller in any Sale Contract and does not act as an agent for either party. Except for any express obligations imposed on KALEOZ under these Terms or by non-excludable law, KALEOZ makes no representation or warranty regarding the quality, safety, legality, authenticity, merchantability, fitness for purpose, accuracy, availability or ownership of any Goods, or the Seller’s ability to perform a Sale Contract. KALEOZ may conduct verification, moderation or risk checks, but such checks do not constitute a warranty, certification or guarantee of any User, Seller, listing or Goods.

  4. Each User acknowledges and agrees that:

    1. They are fully assuming all risks associated with the transaction of Goods and/or Services through the Platform (“Transaction Risks”), including without limitation the risk of fraudulent transactions, counterfeit or unauthorized goods, failure to deliver or perform, breaches of Sale Contract terms, and disputes with other Users;

    2. There is a possibility that a third party, such as a game developer or platform provider, may suspend, modify, or delete a User’s account or in-game content resulting from a transaction conducted via KALEOZ, and KALEOZ shall bear no liability or responsibility in such circumstances;

    3. KALEOZ shall not be liable for any loss, damage, claim, cost, liability, penalty, fine, inconvenience, or business disruption of any kind, whether direct or indirect, arising from or in connection with any Sale Contract, the conduct of another User, or the use of the Site;

    4. All taxes, duties, levies, or other governmental charges arising from the use of the Site or any transaction conducted therein shall be borne solely by the relevant User;

    5. KALEOZ is not responsible for identifying tax obligations, collecting taxes for Users, or providing tax advice.

  5. Without prejudice to the foregoing, all Sale Contracts shall be subject to the following terms and conditions:

    1. Users shall not modify, cancel or attempt to circumvent a Sale Contract through any off-platform arrangement where doing so would breach these Terms or applicable Platform Policies. Any permitted cancellation, refund or modification shall be handled in accordance with the applicable Platform process. The responsible User shall indemnify KALEOZ against losses, damages, costs and expenses arising from any unauthorised modification, cancellation or off-platform transaction.

    2. Users shall perform all obligations under the Sale Contract diligently, in a timely manner, and with due care and skill;

    3. Payment for all Sale Contracts shall be made in accordance with the applicable selling price, or as otherwise notified by KALEOZ;

    4. Users shall comply with all applicable policies, guidelines, procedures, or instructions as may be issued or published by KALEOZ from time to time.

  6. KALEOZ provides the Platform and listings on an “AS IS” and “AS AVAILABLE” basis. KALEOZ does not verify or guarantee User identities, Seller ownership of Goods, listing accuracy or the truth of User statements, except to the extent expressly stated in these Terms or required by applicable law. All transactions are undertaken at the Users’ own risk and the Seller remains solely responsible for the Goods, its representations, fulfilment and obligations to the Buyer.

11. Disclaimer of Warranties; Limitation of Liability

  1. The Platform, including all features, content, Goods, Services, data, and information provided through it, is made available strictly on an “AS IS” and “AS AVAILABLE” basis. KALEOZ/KALEOZ, to the fullest extent permitted by law, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability, or fitness for a particular purpose. All such warranties, representations, conditions, undertakings, and terms are hereby excluded.

  2. KALEOZ makes no representation or warranty as to:

    1. the validity, accuracy, correctness, reliability, quality, stability, completeness, or currentness of any information made available on or through the Platform;

    2. whether the manufacture, importation, distribution, offer, display, purchase, sale, or use of any Goods or Services offered or displayed on the Platform violates any third party’s intellectual property or other rights; or

    3. the safety, legality, quality, or fitness of any Goods or Services listed by Users.

  3. Any material downloaded or obtained through the Platform is at the User’s sole discretion and risk, and the User shall be solely responsible for any damage to its systems or loss of data resulting therefrom. No oral or written advice or information obtained from KALEOZ or through the Platform shall create any warranty not expressly stated in this Agreement.

  4. KALEOZ shall not be liable for any delay, failure, or disruption of the Platform, its features, or its services caused, directly or indirectly, by events beyond its reasonable control, including without limitation internet failures, equipment malfunctions, power failures, strikes, labour disputes, riots, civil disturbances, shortages, fires, floods, storms, explosions, natural disasters, wars, governmental actions, court orders, regulatory restrictions, or failures of third-party service providers.

  5. Each User agrees to indemnify, defend, and hold harmless KALEOZ, its affiliates, directors, officers, employees, and agents from and against any and all claims, losses, liabilities, damages, costs, and expenses (including legal fees on a full indemnity basis) arising directly or indirectly from:

    (a) the User’s use of the Platform, including the display of any User Content;

    (b) the User’s breach of this Agreement or any Platform Policy;

    (c) the User’s breach of any representation, warranty, or undertaking made to KALEOZ; or

    (d) any claims by any party relating to the Goods or Services offered, sold, displayed, or purchased by the User through the Platform.

  6. Without limiting the general indemnity above, each Seller shall indemnify and hold harmless the Indemnified Parties against any claim, demand, loss, chargeback, refund, reversal, penalty, fine, cost or expense arising from or relating to: (a) the Seller’s Goods or services; (b) non-delivery, delayed delivery, defective, counterfeit, unauthorised or misdescribed Goods; (c) infringement or alleged infringement of third-party rights; (d) any breach of a publisher, developer, platform operator or supplier term applicable to the Goods; or (e) any act or omission of the Seller or its personnel, agents or suppliers.

  7. KALEOZ reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification, in which case the User shall fully cooperate in asserting any defences.

  8. To the maximum extent permitted by law, KALEOZ and its affiliates, directors, officers and employees shall not be liable to any User or third party for any indirect, consequential, incidental, special, punitive or exemplary loss or damage, including loss of profits, revenue, savings, business opportunities, goodwill, reputation, data or anticipated savings, arising from or in connection with the Platform, Services, Goods, Sale Contracts or conduct of other Users including:

    1. the use of or inability to use the Platform;

    2. any defect in, or failure of, Goods, Services, data, information, or other materials purchased or obtained from the Platform;

    3. any infringement or alleged infringement of intellectual property or other rights relating to Goods or Services on the Platform;

    4. unauthorized access to, or use of, any User data or private information;

    5. conduct, statements, or materials posted by other Users; or

    6. any other matter relating to the Platform.

  9. Without prejudice to the exclusions above, if KALEOZ is found liable to a User for any matter arising out of or in connection with the Platform or Services, KALEOZ’s aggregate liability shall, to the fullest extent permitted by law, be limited to the lower of (a) the amount of fees actually paid by that User to KALEOZ in the twelve (12) months preceding the event giving rise to the claim; and (b) RM500.00. This limitation shall not apply to liability which cannot lawfully be limited or excluded.

  10. The User acknowledges that this limitation of liability reflects a fair allocation of risk, and agrees that it shall apply even if KALEOZ has been advised of the possibility of such damages.

12. KALEOZ’s Intellectual Property Rights

  1. KALEOZ is the sole owner or lawful licensee of all rights, title, and interest in and to the KALEOZ Platform (the “Site”) and all content made available on or through it (the “Content”). The Site and Content embody trade secrets and intellectual property rights protected under applicable copyright, trademark, patent, trade secret, and other proprietary rights laws worldwide.

  2. All rights, title, and interest in the Site and the Content shall remain vested in KALEOZ, its affiliates, licensors, or the respective third-party proprietors, as applicable. All rights not expressly granted under this Agreement are reserved by KALEOZ.

  3. “KALEOZ,” “KALEOZ.com,” “KALEOZ Shield,” “KChat,” and all related icons, logos, designs, and service names are registered trademarks, trademarks, or service marks of KALEOZ in various jurisdictions, and are protected under applicable laws. Any unauthorised use, copying, reproduction, modification, adaptation, publication, or distribution of these marks is strictly prohibited.

  4. KALEOZ grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the incidental software made available through the Platform solely for the purpose of using the Services in accordance with these Terms.

  5. Any third-party scripts or code linked to or referenced from the Services are licensed to you by the respective third-party owners. You must not, and must not permit or encourage any third party to:

    (a) modify, alter, or interfere with the features or functionality of the software;

    (b) copy, adapt, create derivative works from, or otherwise use all or any portion of the software except as expressly authorised;

    (c) analyse, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, techniques, algorithms, or processes of the software; or

    (d) remove, obscure, or alter any proprietary rights notices.

  6. Any ideas, feedback, suggestions, proposals, or other materials you submit to KALEOZ through the Platform (“Submissions”) will be treated as non-confidential and non-proprietary. By making a Submission, you acknowledge and agree that:

    1. KALEOZ and/or third parties may independently develop software, applications, interfaces, goods, or modifications and enhancements that are identical or similar to your Submission in function, code, or other characteristics; and

    2. you hereby grant KALEOZ and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable licence to use, copy, reproduce, adapt, modify, distribute, transmit, publicly display, publicly perform, and create derivative works from such Submissions in any media formats and through any media channels, including without limitation for the development, marketing, and promotion of goods and services.

  7. This licence survives the termination of these Terms. This provision does not apply to personal information subject to our Privacy Policy, except to the extent that you make such personal information publicly available through the Services.

13. Disclosure of Information

  1. KALEOZ shall be entitled and you irrevocable and unconditionally consent and authorize KALEOZ to the extent permitted by law, to disclose or release any information pertaining to you or your transactions through the Platform to such extent that KALEOZ may at its absolute discretion deem fit to:

  2. Such persons as KALEOZ may be required to disclose under the applicable law;

  3. Such other persons or entity pursuant to any governmental directive or order of the court;

  4. Enforce this Agreement;

  5. Respond to your requests for customer service; or

  6. Any other party whomsoever as KALEOZ deems first.

14. Personal Data

  1. All Personal Data collected by KALEOZ will be processed in accordance with KALEOZ’s Privacy Policy published on the Platform, which is incorporated into these Terms by reference.

  2. Where any data or information provided to you by KALEOZ, or collected or processed by you on KALEOZ’s behalf pursuant to this Agreement, contains Personal Data, you agree to:

    1. comply with all applicable personal data protection laws, including the Personal Data Protection Act 2010 of Malaysia (“PDPA”), and not act in any way that would cause KALEOZ to breach its obligations as a “data user” under the PDPA;

    2. adhere to KALEOZ’s Personal Data protection policies as published and updated from time to time;

    3. upon reasonable request by KALEOZ, provide KALEOZ with access to any Personal Data in your possession or control; and

    4. immediately notify KALEOZ if you become aware of any actual or suspected breach of your obligations relating to Personal Data under these Terms.

15. Confidentiality

  1. “Confidential Information” means all information of any kind (whether in machine-readable, written, oral, or any other form, and whether or not marked as “Confidential”) that is disclosed by or on behalf of the disclosing party to the receiving party, before or after the commencement of these Terms, and that relates to or arises in connection with these Terms. This includes, without limitation, technical data, know-how, business and trade secrets, marketing strategies, revenue or income information, financial condition, operational details, and other information that is confidential and proprietary to the disclosing party or its affiliates, suppliers, or licensors.

  2. Confidential Information does not include information that the receiving party can demonstrate by competent written evidence:

    1. was already lawfully in its possession free from any obligation of confidentiality at the time of disclosure;

    2. is independently developed by the receiving party without reference to the Confidential Information;

    3. becomes publicly available other than as a result of a breach of these Terms; or

    4. is lawfully obtained from a third party not bound by any duty of confidentiality. 15.3 Except as otherwise provided in these Terms, the receiving party shall not disclose Confidential Information except:

  3. Except as otherwise provided in these Terms, the receiving party shall not disclose Confidential Information except:

    1. where required by applicable law, regulation, or order of a court or competent authority;

    2. where expressly permitted under these Terms;

    3. to its Representatives, legal, financial, and accounting advisors who have a strict need to know and are bound by confidentiality obligations no less protective than those in these Terms; or

    4. with the prior written consent of the disclosing party.

  4. Where disclosure is required by law, regulation, securities exchange rules, or court order, the receiving party shall:

    (a) promptly notify KALEOZ in writing before such disclosure (to the extent legally permitted) so that KALEOZ may seek a protective order or other appropriate remedy;

    (b) disclose only the minimum information required; and

    (c) use commercially reasonable efforts, at KALEOZ’s request, to obtain confidential treatment of any disclosed information and cooperate fully with KALEOZ in any measures it may take to prevent or limit such disclosure.

  5. Confidential Information may only be used for purposes directly related to fulfilling obligations under these Terms.

  6. Notwithstanding the foregoing, KALEOZ may disclose your information to Buyers, Sellers, payment processors, and other service providers as necessary to operate the KALEOZ Platform and provide its services. You expressly and irrevocably authorise KALEOZ to share your contact information with the relevant transaction counterparty for the purposes of a Sale Contract.

16. KALEOZ Balance

  1. KALEOZ may provide a prepaid account balance associated with your Account (“Kaleoz Balance”). The Kaleoz Balance is not a bank account, deposit account or trust account, and may only be used to purchase Goods and/or Services on the Platform, subject to these Terms and any applicable terms imposed by KALEOZ or its payment service providers.

  2. The Kaleoz Balance is personal to you and may not be sold, transferred, assigned, exchanged for cash, withdrawn, transferred to another Account, or otherwise monetised. The Kaleoz Balance may only be used in the country of your residence and in the applicable local currency, unless otherwise permitted by KALEOZ.

  3. You may top up your Kaleoz Balance using the payment methods made available on the Platform. A top-up will only be credited to your Kaleoz Balance upon confirmation of successful payment by KALEOZ or its designated payment service provider. KALEOZ shall not be responsible for any failed, declined, reversed or unauthorised payment transaction attributable to the relevant payment method or payment service provider.

  4. KALEOZ may, at its sole discretion and to the extent permitted by applicable law, suspend, restrict, reverse, cancel, withhold or adjust any Kaleoz Balance or transaction where KALEOZ reasonably considers this necessary due to fraud, unauthorised activity, chargebacks, refunds, payment reversals, errors, disputes, suspected unlawful activity, AML/CTF or sanctions concerns, regulatory requirements, or a breach of these Terms.

  5. The Kaleoz Balance shall remain valid for twenty-four (24) months from the date it is credited to your Account, or such other period as may be notified by KALEOZ or required by applicable law or regulatory requirements. Any unused balance remaining after expiry may no longer be used and may be forfeited, subject to applicable law.

  6. If your Account is suspended, terminated or permanently closed, KALEOZ may suspend, restrict or otherwise deal with any unused Kaleoz Balance in accordance with these Terms, applicable law and any applicable regulatory or payment requirements. KALEOZ may retain or withhold any balance where reasonably necessary to address pending transactions, refunds, chargebacks, disputes, fraud, unlawful activity or regulatory requirements.

  7. KALEOZ may require you to provide identification or other information to verify your identity, ownership of the Account or the source or use of funds, including where required for legal, regulatory, AML/CTF, sanctions, fraud prevention or security purposes. Failure to provide requested information may result in the suspension or restriction of your Kaleoz Balance or Account.

  8. Any dispute concerning the amount or transaction history of your Kaleoz Balance must be raised with KALEOZ in writing within seven (7) days from the relevant transaction. KALEOZ may investigate the dispute and may rely on its records in determining the amount of the Kaleoz Balance, subject always to applicable law.

  9. KALEOZ may impose or amend applicable limits, fees, conditions, validity periods and other requirements relating to the Kaleoz Balance from time to time by posting the relevant changes on the Platform. Your continued use of the Kaleoz Balance after such changes take effect constitutes your acceptance of the revised terms, subject to any notice or consent requirements imposed by applicable law.

  10. Nothing in this Clause limits any rights or remedies that cannot lawfully be excluded or restricted under applicable law.

17. Notice to Users

  1. All notices, demands, requests or other communications to be given or made under this Agreement shall be in writing and shall be sufficiently given or made to the other part by serving such notice at or sending such notice by hand, by courier, certified mail, or email to the last known correspondence or email address provided by the User, or via the communication channel made available on the Platform.

  2. Notice shall be deemed given:

    1. in the case of hand delivery, upon the receipt of written acknowledgement signed by the recipient;

    2. In the case of registered post, first (5) business days after posting; and

    3. in the case of email or the communication channel available on the Platform, on the day of transmission provided that the sender has not received a failed or undeliverable message from the host provider of the recipient within the day of transmission.

  3. Notwithstanding the above and in addition to the above methods of delivery, any notice or document or communication given by KALEOZ to you shall be deemed to be served in the following manner:

    1. Posting the notice or communication in the Platform;

    2. Notices placed through any media; or

    3. Any manner of notification as KALEOZ may at its absolute discretion determine.

18. Applicable Laws and Indemnity

  1. This Agreement shall be governed by and construed in accordance with the laws of Malaysia. Subject to any non-excludable rights of a User, the courts of Malaysia shall have exclusive jurisdiction over any dispute arising out of or in connection with this Agreement. KALEOZ may, where appropriate, seek urgent interim, injunctive or equitable relief in any court of competent jurisdiction.

  2. Any limitation of liability applicable to KALEOZ shall be determined under Clause 11.9. Nothing in this Clause limits a User’s liability to KALEOZ for amounts properly owed, indemnification obligations, fraud, misuse of the Platform, intellectual property infringement, data protection breaches or other liabilities that cannot lawfully be limited.

  3. Where required, you shall obtain the approval or consent or permission of the relevant regulatory authorities prior to using the Services.

  4. For cross-border transactions, you shall not violate the laws existing in the countries involved in the transaction.

  5. You agree to indemnify, defend and hold harmless KALEOZ, its shareholders, subsidiaries, affiliates, related entities, directors, officers, agents, representatives, co-branders and employees (collectively, the “Indemnified Parties”) from and against all claims, actions, proceedings, liabilities, damages, settlements, penalties, fines, costs and expenses (including reasonable legal costs) arising out of or relating to: (i) your breach of this Agreement or any Platform Policy; (ii) your use or misuse of the Platform or Services; (iii) your Goods, listings, User Content or Sale Contracts; (iv) your breach of applicable law or third-party rights; or (v) fraud, wilful misconduct or negligent acts or omissions by you or persons acting on your behalf.

  6. YOU AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE COURT/ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE COURT/ARBITRATOR MAY GRANT OR AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED SHALL NOT HAVE ANY CONSEQUENTIAL EFFECT ON OTHER USERS.

19. Suspension, Termination, Cancellation of Services

  1. The Services (or any part thereof) may be cancelled by KALEOZ at any time without prior notice to you. After cancellation, the Services (or any part thereof) may be reinstated in such manner and on such terms as KALEOZ may at its absolute discretion determine.

  2. You may deactivate your Account at any time you notify us of your desire to do so, subject always to a closure fee as chargeable by us on you, if any.

  3. KALEOZ reserves the right at all times, to the fullest extent permitted by law, to suspend, restrict, freeze, block or terminate access to any Account, listing, transaction, payout, feature or Service for any period and on any conditions that KALEOZ reasonably considers necessary for operational, security, fraud, risk, legal, regulatory or compliance purposes. Grounds may include, without limitation:

    1. The Account has been inactive for a consecutive period of 24 months;

    2. Having multiple user accounts or allowing unauthorized persons to access and use the Account;

    3. in our opinion, there is dishonesty, suspected fraud, illegality, criminality or misrepresentation in the conduct of your Account or your use of the Platform and/or Services;

    4. you are in breach or we have reasonable grounds to believe that you have breached any of this Agreement and/or any applicable terms and conditions as may be provided by KALEOZ from time-to-time, or have engaged in any conduct prejudicial to KALEOZ or in our opinion, your acts are prejudicial to KALEOZ’s interest;

    5. you are in breach of any acts, statute, laws, by-laws, rules, regulations, guidelines and/or policies by any authority, regulatory body or government agency;

    6. you have acted in bad faith or with malicious intent, or that we have reasonable grounds to believe that your behaviour is harmful, of defamatory nature or abusive to other user, third parties and/or KALEOZ;

    7. your name is listed under any regulatory watchlist (including but not limited to listing related to terrorism and terrorism financing under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA) and/or related to bribery and corruption under the Malaysian Anti-Corruption Commission Act 2009 (MACCA) and/or such other local, foreign or international laws and regulations of similar nature;

    8. if we are required to do so pursuant to an order of a court or by any governmental or regulatory authority having the relevant jurisdiction;

    9. you have submitted false documents or have declared false information during your registration with or application to KALEOZ; and/or

    10. you fail to provide any additional information which we may request from you from time-to-time for verification purposes.

    Use of the Platform, Services and/or Account for suspicious, fraudulent, illegal, harassing, defamatory, threatening or abusive purposes may be referred by us to the relevant law enforcement authorities without notice to you.

  4. Upon cancellation or termination of the Services (or any part thereof):

    1. you shall immediately pay to KALEOZ all outstanding fees and charges due and owing to KALEOZ, failing which KALEOZ shall have full discretion to commence civil actions against you, including without limitation, a claim for damages, specific performance and/or interim or injunctive relief;

    2. KALEOZ may at its absolute discretion, decide not to act on any request received by KALEOZ after the effective date of termination;

    3. KALEOZ may at its absolute discretion, decide not to act on any confirmation or request received by KALEOZ between the date of notice is given to you and the effective date of termination (if there is a lapse of time between the two dates); and/or

    4. you irrevocably authorise KALEOZ to set off, deduct or recover any amount due and owing by you to KALEOZ from any amount payable or otherwise held for settlement to you, including any applicable Trading Deposit, subject to applicable law and any applicable payment-provider or regulatory requirements.

    5. Termination or suspension shall not affect any rights, liabilities, claims, chargebacks, refunds, reversals, disputes or obligations accrued before termination or which by their nature arise after termination. KALEOZ may continue to hold, reserve, set off or recover amounts reasonably required to resolve such matters.

  5. If your access to or use of the Platform and/or Services is suspended, ceased or terminated due to suspected or established fraud, money laundering, unlawful activity, sanctions concerns, regulatory requirements or other serious breach, KALEOZ may suspend, restrict or disable access to any KALEOZ Balance or other stored-value, promotional or account benefits to the extent permitted by law, and may retain, freeze, reverse or release relevant amounts where required for investigation, chargeback, refund, recovery, regulatory compliance or law-enforcement purposes. Nothing in this clause requires KALEOZ to act contrary to applicable law or any binding order or direction of a regulator or competent authority.

  6. Any provision of This Agreement which expressly or by implication is intended to continue to remain effective and binding on you after the deactivation of Account and/or the termination of Services, shall survive such termination.

20. Waiver And Severance

  1. Any failure by KALEOZ to enforce at any time or for any period any one or more of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce this Agreement.

  2. In the event that any provisions of This Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, KALEOZ shall amend that provision in such reasonable manner as would achieve the intention of KALEOZ or at the discretion of KALEOZ it may be severed from this Agreement and the remaining provisions remain in full force and effect.

21. Variation

  1. This Agreement may be modified, added to, deleted or varied by KALEOZ by way of posting on the Platform or in any such other manner as KALEOZ may in its absolute discretion determine.

  2. You agree that continued use of the Services shall constitute your acceptance of This Agreement (as modified and varied from time to time).

22. Assignment

You may not assign, transfer, novate or otherwise dispose of any rights or obligations under this Agreement without KALEOZ’s prior written consent. KALEOZ may assign, transfer, novate or subcontract this Agreement or any of its rights or obligations to an affiliate, successor, purchaser of its business or assets, or service provider without your further consent, subject to applicable law.

23. Binding Effect

This Agreement shall be binding on your heirs, personal and legal representatives, estate, successors-in-title and permitted assigns (where applicable) to you.

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