Terms & Conditions

Below are the terms & conditions (“Terms”) governing the usage of our services via our website (https://pycehub.com). Kindly read these Terms carefully before using our services.

1. Pycehub

https://pycehub.com is a website and Pycehub’s services are operated by [Pycehub Venture]. (“We”, “Us”, “Our” or “Pycehub”). We are registered in Malaysia under company number [company number] and having our business address to Jalan Ipoh Kecil, Chow Kit, Kuala Lumpur 50350, Malaysia.  

To contact us, please email [email protected] or call our sales line at +6011-5998 6103.  

1. Nature of our Platform and its Contents

(a) For our Customer, you acknowledge that our Services (as defined below) may enable or assist you to access the website content of, correspond with, and rent or utilise venues from third parties via our Platform and that you do so solely at your own risk. We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by yourself, with any such third party. Any contract entered into and any transaction completed via our Services is between yourself and the relevant third party, and not us. We recommend that you refer to the third party’s website terms and conditions and privacy policy prior to using our Services. We do not endorse or approve any third-party website nor the content or offerings of any of the third-party website made available via our Services.

(b) We provide a platform for communication and access between Vendor and Customer only and have no control over, or liability with respect to, the actions or omissions of any supplier. We make no representation, warranty, condition or undertaking, either express or implied as to: 

• • the accuracy of the information and data supplied by Vendor on our website;

• • the quality or suitability of the venues for any particular purpose; 

• • the availability of the venues; and

• • fees charged by the Vendor.

(c) We do not provide any warranty in relation to any products advertised on Vendor’s or other third parties’ websites, including but not limited to any representation or warranty that the venues are fit for the purpose intended or safe for the purpose intended, as described by such Vendor or other third party.

(d) You acknowledge, understand and accept that all descriptions of the venues are based on descriptions provided by Vendor and we make no representation and accept no liability for venues which fail to correspond with any descriptions of venues provided by Vendor.

(e) For our Vendor, you acknowledge, understand and accept that our Platform is a venue which allows you to advertise your venues for utilisation. The agreement to utilise the venue is a contractual agreement directly between yourself and Customer.

(f) We do not act as your partner, representative or agent in relation to the venues you advertise for utilisation on our Platform. We are not a party to any contractual relationship between you and Customers or any other third party, even if our Platform facilitates booking for your venues. Your use of our Platform is entirely at your own risk and we will not be responsible for the terms of any transaction between you and any Customer, or resolving any dispute between you and any Customer. 

(g) While we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.

(h) Whenever you make use of a feature that allows you to upload content to our Platform, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnity us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

(i) Unless expressly provided other under Section 9 (Confidentiality), any content you upload to our Platform will be considered non-confidential and non-proprietary. While you retain all of your ownership rights in your content, you are required to grant us and other users of our Platform a limited licence to use, store and copy that non-confidential and non-proprietary content and to distribute and make it available to third parties, where applicable. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

(j) We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy. You are solely responsible for securing and backing up your content.

(k) When you upload or post non-confidential and non-proprietary content to our Platform, you grant us the following rights to use that content:

• • a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the services provided by our Platform and across different media including to promote the Platform and/or the Services; and

• • a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the non-confidential and non-proprietary content in accordance with the functionality of our Platform and/or Services.

3. Acceptance of these Terms

(a) By using our Platform, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Platform and/or Services.

(b) If an account has been created for you by us in order for you to use our services on behalf of an organisation, then you are agreeing to these Terms for that organisation and promising to us that you have the authority to bind that organisation to these Terms (and in such case, “you”, “your” or “Customer” will refer to that organisation).

(c) In addition to these Terms, the following additional terms shall also apply to your use of our Platform and/or Services:

• • our Privacy Policy; and

• • our Acceptable Use Policy,

if you do not agree with these additional terms, you must stop using the Services immediately.

4. Changes to these Terms

(a) We may amend these Terms from time to time and will exercise commercially reasonable efforts to notify you of such changes. Your continued use of our Services following such amendments in these Terms constitute acceptance of such updated Terms.

5. Provision of our Services

(a) “Services” in these Terms refers to all services we offer that are used by you or provided to you.

(b) We will:

• • make our Services available to you in accordance with these Terms, our documentation including any usage guides and policies for the Services contained in such documentation (“Documentation”) and any applicable document between us that specifies mutually agreed upon rates for certain Services and other commercial terms, which includes but is not limited to the pricing for the Services, venue features and the duration of the subscription for such Services;
  • provide our Services in compliance with applicable laws, subject to your use of our Services in accordance with these Terms, the applicable Documentation; and
  • use commercially reasonable efforts to provide you applicable support for the Services on a best efforts basis.

(c) We do not guarantee that our Platform and/or Services or any content on it, will always be available, uninterrupted or error-free. We may suspend or withdraw or restrict the availability of all or any part of our Platform and/or Services for business and operational reasons.

(d) We may suspend the Services immediately upon notice to you for cause if:

• • you breach (or we believe you have breached) any of these Terms, including our Acceptable Use Policy;

• • there is an usual and material spike or increase in your use of the Services and believe that such traffic or use is fraudulent or materially and negatively impacting the operating capability of our Platform and/or Services;

• • it is determined by law that our provision of Services is illegal;

• • there is any use of the Services by you that we believe threatens the security, integrity or availability of the Services;

• • information in your account in untrue, inaccurate or incomplete.

6. Your Responsibilities

(a) You will:

• • be solely responsible for all use of the Services and Documentation under your account, including the quality and integrity of any data and other information made available to us by or for you through the use of the Services under these Terms (“Customer Data”);

• • not transfer, resell, lease, license, or otherwise make available the Services to third parties without our prior written consent;
  • not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any portion of the Services and/or Documentation (as applicable) in any form or media or by any means;
  • not attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human perceivable form all or any part of the Services;

• • not access all or any part of the Services and Documentation in order to build a product or service which compete with the Services and/or the Documentation;

• • not introduce or permit the introduction of, any virus or vulnerability into our network and information systems;

• • use the Services only in accordance with these Terms, our Acceptable Use Policy, the applicable Documentation and applicable law or regulation, which includes but is not limited to compliance with anti-bribery and corruption and tax laws relating to your activities;

• • ensure that your network and systems comply with the relevant specifications provided by us from time to time;

• • be solely responsible for procuring, maintaining and securing your network connections and telecommunications links from your systems to our servers, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet;

• • do your best to prevent unauthorised access to or use of the Services and notify us promptly of any such unauthorised access or use; and

• • comply with the representations and warranties you make in Section 10 (Representations, Warranties, and Disclaimer).

(b) We will not be liable for any loss or damage arising from unauthorised use of your account.

7. Fees, Payment Terms and Taxes

(a) In exchange for our Services, you agree to pay our fees in accordance with the applicable rates. Additionally, we will charge you, and you will pay, in accordance with this Section, any and all additional costs, fines or penalties we incur from a governmental or regulatory body as a result of your use of the Services.

(b) Payment obligations are non-cancellable and fees, once paid, are non-refundable.

(c) All fees are exclusive of any applicable taxed, levies, duties or other similar exactions imposed by a legal, governmental or regulatory authority in any applicable jurisdiction, including, without limitation, sales, use, value-added, consumption, communications (collectively, “Taxes”). You will pay all Taxes associated with these Terms.

8. Ownership Rights, Intellectual Property Rights and Use of Customer Data

(a) We exclusively own and reserve all right, title, and interest in and to the Services, the Documentation, our Confidential Information (as defined below), and any usage data, in anonymised or aggregated form that does not identify you or any natural person, generated or derived from the use or operation of the Services, which includes but is not limited to volumes, statistical results, trends, analyses, reports, usage information, frequencies, bounce rates, and performance results for the Services.

(b) You exclusively own and reserve all right, title, and interest in and to your Confidential Information and Customer Data, subject to our rights to use and disclose Customer Data in accordance with these Terms.

(c) We are the owner or the licensee of all intellectual property rights in our Platform and/or Services, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Except as expressly stated herein, these Terms do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Documentation.

(d) You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

(e) Our status (and that of any identified contributors) as the authors of content on our Platform and/or Services must always be acknowledged.

(f) You instruct us to use and disclose Customer Data as necessary to:

• • provide the Services consistent with this Section 8, Section 9 (Confidentiality), our Privacy Policy, including detecting, preventing, and investigating security incidents, fraud, spam, or unlawful use of the Services, and

• • respond to any technical problems or your queries and ensure the proper working of the Services. You acknowledge that the internet and telecommunications providers’ networks are inherently insecure. Accordingly, you agree we are not liable for any changes to, interception of, or loss of Customer Data while in transit via the internet or a telecommunications provider’s network.

9. Confidentiality

(a) “Confidential Information” means any information or data, regardless of whether it is in tangible form, disclosed by one party (“Discloser”) to the other party (“Receiver”) whether or not marked as confidential or proprietary, and that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure, including, without limitation, Customer Data, the Documentation, security reports and attestations, audit reports, customer lists, pricing, phone numbers, concepts, processes, plans, designs and other strategies, know how, financial, and other business and/or technical information and materials of the Discloser and its Affiliates (as defined below).

(b) “Affiliates” for the purposes of these Terms means any entity that directly or indirectly controls or is controlled by, or is under common control with, the party specified. For purposes of this definition, “control” means direct or indirect ownership of more than fifty percent (50%) of the voting interests of the subject entity.

(c) Confidential Information does not include any information which:

• • is publicly available through no breach of these Terms or fault of the Receiver;

• • was properly known by the Receiver, and to its knowledge, without any restriction, prior to disclosure by the Discloser;

• • was properly disclosed to the Receiver, and to its knowledge, without any restriction, by another person without breach of the Discloser’s rights; or

• • is independently developed by the receiving party without use of or reference to the Confidential Information of the Discloser.

(d) Except as otherwise authorized by the Discloser in writing, the Receiver will not:

• • use any Confidential Information of the Discloser for any purpose outside the scope of these Terms; and

• • disclose or make Confidential Information of the Discloser available to any party, except to its, its Affiliates’, and their respective employees, professional advisors, contractors, and in our case, subcontractors (collectively, “Representatives”) who have a “need to know” in order to carry out the purpose of these Terms.

• • The Receiver is responsible for its Representatives’ compliance with this Section 9. Representatives will be legally bound to protect Confidential Information of the Discloser under terms of confidentiality that are at least as protective as the terms of this Section 9. The Receiver will protect the confidentiality of Confidential Information of the Discloser using the same degree of care that it uses to protect the confidentiality of its own confidential information but in no event less than reasonable care.

(e) The Receiver may disclose Confidential Information of the Discloser if so required pursuant to a regulation, law, subpoena, or court order (collectively, “Mandatory Disclosures”), provided the Receiver gives the Discloser notice of a Mandatory Disclosure (to the extent legally permitted). The Discloser will cover the Receiver’s reasonable legal fees for preparation of witnesses, deposition, and testimony to the extent such Mandatory Disclosure is in connection with a lawsuit or legal proceeding to which the Discloser is a party or to the extent fees are incurred in connection with reasonable assistance provided to the Discloser in connection with the Discloser’s efforts to contest such Mandatory Disclosure.

(f) The parties expressly acknowledge and agree that no adequate remedy may exist at law for an actual or threatened breach of this Section 9 and that, in the event of an actual or threatened breach of the provisions of this Section 9, the non-breaching party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it.

10. Representations, Warranties and Disclaimer

(a) You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide Customer Data to us for use and disclosure pursuant to Section 8 (Ownership Rights, Intellectual Property Rights and Use of Customer Data).

(b) We represent and warrant that the Services will materially conform to the applicable Documentation. Our sole obligation, and your sole and exclusive remedy, in the event of any failure by us to comply with this Section 10 (b) will be for us to, at our option, re-perform the affected Services or refund to you the fees you actually paid for the affected Services.

(c) WITHOUT LIMITING A PARTY’S EXPRESS WARRANTIES AND OBLIGATIONS UNDER THESE TERMS, AND EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 10, THE SERVICES ARE PROVIDED “AS IS,” AND WE MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONALLY, WE DO NOT WARRANT THAT THE SERVICES, DOCUMENTATION AND/OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICES WILL SPECIFICALLY MEET YOUR BUSINESS REQUIREMENTS AND NEEDS.

11. Mutual Indemnification

(a) We will defend you from and against any claim, demand, suit or proceeding made or brought against you by a third party alleging that our provision of the Services infringes or misappropriates such third party’s intellectual property rights (“Infringement Claim”). We will indemnify you from any damages, fines or penalties imposed by a government or regulatory body, reasonable legal fees and costs awarded against you or for settlement amounts approved by us for in Infringement Claim.

(b) If your use of the Services had become, or in our opinion is likely to become, the subject of any Infringement Claim, we may at our option and expense:

• • procure for you the right to continue using the Services as set forth in these Terms;

• • modify the Services to make them non-infringing; or

• • if the foregoing options are not reasonably practicable, terminate these Terms, or, if applicable, terminate the Services that are the subject of any Infringement Claim and refund you any unutilised portion of fees already paid to us.

(c) We will have no liability or obligation under this Section 11 with respect to any Infringement Claim:

• • arising out of your use of the Services in breach of these Terms;

• • arising out of the combination, operation, or use of the Services with other applications, portions of applications, products or services where the Services would not by themselves be infringing; or

• • arising from Services provided free of charge to you.

12. Indemnification by Vendor and/or Customer

(a) You will defend us, our officers, directors, employees, and Affiliates (collectively, “Pycehub Indemnified Parties”) from and against any claim, demand, suit, or proceeding made or brought against a Pycehub Indemnified Party by a third party alleging or arising out of your breach of Section 6 (Your Responsibilities).

(b) You will indemnify us from any damages, fines or penalties imposed by a government or regulatory body, legal fees and costs awarded against a Pycehub Indemnified Party or for settlement amounts approved by you from such claims.

(c) As a condition of the foregoing indemnification obligations:

• • the indemnified party (“Indemnified Party”) will promptly notify the indemnifying party (“Indemnifying Party”) of any claim; provided, however, any failure to give such prompt notice will not relieve Indemnifying Party of its obligations under this Section 12 except to the extent that Indemnifying Party was actually and materially prejudiced by such failure;

• • Indemnifying Party will have the sole and exclusive authority to defend or settle any claim; and

• • Indemnified Party will reasonably cooperate with Indemnifying Party in connection with Indemnifying Party’s activities under this Section 12 at Indemnifying Party’s expense. Indemnified Party reserves the right, at its own expense, to participate in the defense of any claim. Notwithstanding anything to the contrary in this Section 12, Indemnifying Party will not settle any Claims for which it has an obligation to indemnify pursuant to this Section 12 admitting liability or fault on behalf of Indemnified Party, nor create any obligation on behalf of Indemnified Party, without Indemnified Party’s prior written consent, which will not be unreasonably withheld, conditioned, or delayed.

(d) This Section 12 states Indemnifying Party’s sole liability to, and Indemnified Party’s exclusive remedy against, the other party for any third party claims.

13. Limitation of Liability

(a) IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, LOST DATA, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR BREACH OF STATUTORY DUTY AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

(b) IN NO EVENT WILL THE AGGREGATE LIABILITY OF EITHER PARTY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU UNDER THESE TERMS FOR THE SERVICES GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT. TORT (INCLUDING NEGLIGENCE) OR BREACH OF STATUTORY DUTY AND REGARDLESS OF THE THEORY OF LIABILITY.

(c) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 11 (a) AND SECTION 11 (b), THE LIMITATIONS IN SECTION 11 (a) AND SECTION 11 (b) DO NOT APPLY TO:

• • YOUR BREACH OF SECTION 6 (YOUR RESPONSIBILITIES);

• • YOUR BREACH OF SECTION 7 (FEES AND PAYMENT TERMS); OR

• • AMOUNTS PAYABLE PURSUANT TO A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 11 (MUTUAL INDEMNIFICATION).

14. Governing Law

These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Malaysian law. If the above dispute resolution process fails, we both agree to the exclusive jurisdiction of the courts of Malaysia.