SIFUAPP SDN. BHD.
(Registration No. 202601018593 (1680690-T))
TERMS OF USE OF THE SIFUAPP MOBILE APPLICATION
Please read this before you use the App
These Terms of Use govern your access to and use of the SifuApp mobile application and the services made available through it. They are to be read together with the Payment Terms and Conditions, the Privacy Policy, and the Refund, Cancellation and Rescheduling Policy, each of which forms part of these Terms. If there is a conflict between this document and one of those documents on a matter that document specifically governs, that document prevails on that matter.
By downloading, installing, registering for or using the App, you confirm that you have read and understood these Terms and that you agree to be bound by them. If you do not agree, do not use the App.
Terms you should read particularly carefully
Some of the paragraphs below affect what you can expect from us, what we expect from you, and what happens if something goes wrong. We draw them to your attention now rather than leaving you to find them:
(a) paragraph 9, which explains that the Company, and not the Sifu personally, is the party responsible to you for the Works;
(b) paragraphs 14 and 15, which explain how site photographs, inspection records and electronic signatures made through the App are created, kept and relied upon;
(c ) paragraph 19, which sets out conduct that is not permitted on the App and that may lead to suspension of your account;
(d) paragraph 24, which explains the basis on which the App is provided to you and the limits of our warranties;
(e) paragraph 25, which sets out the limits of what we are liable to pay you, and paragraph 25.6, which makes those limits subject to your rights under the Consumer Protection Act 1999; and
(f) paragraph 28, which explains when we may suspend or terminate your account.
None of these paragraphs takes away a right the law gives you. If you do not understand any of them, ask us before you continue to use the App.
Part A — Preliminary
1. Parties and application
1.1 These Terms are an agreement between you, the person who downloads, registers for or uses the App, and SifuApp Sdn. Bhd. (Registration No. 202601018593 (1680690-T)), a company incorporated in Malaysia with its registered address at No. 23, Ground Floor, Jalan Lambak, 86000 Kluang, Johor, and its business address at B1-G-45, Jalan Pinggiran Putra 1/3, Taman Pinggiran Putra, 43300 Seri Kembangan, Selangor ("the Company", "we", "us" or "our"). The Company's contact details are set out in paragraph 36.
1.2 These Terms apply to every use of the App, whether you use it as a customer to book, order or pay for Works, or otherwise browse or interact with it. A Sifu who provides Works through the App does so under a separate agreement between the Sifu and the Company, and these Terms apply to a Sifu only to the extent that the Sifu also uses the App as a customer.
1.3 If you use the App on behalf of a company, firm or other body, you warrant that you are duly authorised to bind that body to these Terms, and references to "you" in that case include that body.
2. Definitions
2.1 In these Terms, unless the context requires otherwise, the terms "Acquirer", "App", "Chargeback", "Order", "Payment Gateway", "Payment Instrument", "Payment Service Provider", "PDPA", "Transaction" and "Works" bear the meanings given to them in the Payment Terms and Conditions. In addition:
"Company" SifuApp Sdn. Bhd. (Registration No. 202601018593 (1680690-T)).
"Content" any text, image, photograph, video, rating, review or other material submitted, posted or transmitted through the App by you, by a Sifu, or by the Company.
"Electronic Signature" any letter, character, number, sound or other symbol, or combination of them, created in electronic form through the App and adopted by a person as a signature, including a signature drawn on a device screen, a tap-to-accept, or a one-time-password confirmation.
"Policies" the Payment Terms and Conditions, the Privacy Policy, and the Refund, Cancellation and Rescheduling Policy, each as available in the App and as amended from time to time.
"Site Records" photographs, videos, inspection findings, service reports, quotations, job-completion records, warranty records and similar records of the site of the Works and of the Works themselves, created or uploaded through the App.
"Sifu" an independent technician, tradesman or service provider engaged by the Company to carry out Works, including a person described elsewhere as a workman, technician or sub-contractor.
"Terms" these Terms of Use, as amended from time to time in accordance with paragraph 4.
"Warranty Policy" the warranty provisions of the Refund, Cancellation and Rescheduling Policy referred to in paragraph 13.
3. Acceptance of these Terms
3.1 You must read these Terms, the Payment Terms and Conditions, and the Privacy Policy before you place your first Order. Placing an Order confirms your acceptance of all three documents as they stood at that time.
3.2 If you do not agree to these Terms, you may stop using the App at any time. You may still contact us and arrange for Works to be carried out by another means that we agree to.
4. Changes to these Terms
4.1 We may amend these Terms. We will give you not less than twenty-one days' notice of a material amendment, by notification in the App and by electronic mail to the address recorded in your account, together with the date on which the amendment takes effect, consistently with the notice period for the Payment Terms and the Privacy Policy. Each version of these Terms will show a version number and the date on which it was last updated.
4.2 An amendment does not affect an Order confirmed before it takes effect. If you do not accept an amendment, you may stop using the App and close your account, and no charge is payable by you for doing so.
4.3 An amendment required by law or by a regulator may take effect on shorter notice, in which case we will give you as much notice as the circumstances permit and will tell you why.
Part B — Eligibility, accounts and registration
5. Eligibility
5.1 You may register for and use the App only if you are at least 18 years of age and of full legal capacity, consistently with paragraph 3.1 of the Payment Terms.
5.2 We may at any time require you to satisfy us as to your identity, your age or your authority to act on behalf of a body you claim to represent, and we may suspend your account until you have done so.
6. Your account
6.1 To place an Order, you must register for an account, providing your name, mobile number and electronic mail address and creating a password or other authentication credential. This information is required to create an account; the Privacy Policy explains which other information is optional.
6.2 The information you provide on registration and at any time afterwards must be accurate, current and complete. You must update it promptly if it changes.
6.3 You may hold only one account, save where we agree otherwise in writing. You may not transfer your account to another person.
7. Account security
7.1 You are responsible for keeping your account credentials confidential and for every activity that occurs under your account, save to the extent paragraph 12 of the Payment Terms provides otherwise in respect of an unauthorised Transaction.
7.2 You must notify us immediately if you become aware of any unauthorised use of your account, using the details in paragraph 36.
Part C — The nature of our Service
8. What SifuApp is
8.1 The App enables you to request and book a technician for repair, maintenance, installation, roofing, waterproofing, renovation and related Works, to be matched with a Sifu, and to pay for those Works, all through a single platform operated by the Company. The categories of Works available at any time, and a description of their main characteristics, are shown in the App.
8.2 The App also enables a Sifu to receive, accept and record the completion of Works. These Terms govern your use of the App as a customer; a Sifu's own rights and obligations are set out in a separate agreement between the Sifu and the Company.
9. Orders and the contract for Works
9.1 When you place an Order, the contract for the supply of the Works is made between you and the Company, and not between you and any Sifu. The Company is the supplier and the party responsible to you for the Works carried out and the goods supplied, consistently with paragraph 4.1 of the Payment Terms.
9.2 A Sifu deployed to carry out Works does so for the Company and not on the Sifu's own account. You are not obliged to take up a question about the Works with the Sifu, and you may take it up with the Company under paragraph 30.
9.3 Before you confirm an Order, the App will show you a summary of the Works, the full price (including any tax, call-out, transport or other charge), the accepted methods of payment and the scheduled date or estimated time for the Works, and will give you an opportunity to identify and correct any input error.
9.4 An Order is confirmed only when the App displays or sends you a confirmation showing the Works, the price and the scheduled date. We will acknowledge receipt of your Order without undue delay. A Sifu's verbal acceptance on site does not itself confirm an Order or vary its scope or price, consistently with paragraph 6.3 of the Payment Terms.
10. Sifu deployment and conduct
10.1 We will use reasonable care and skill in selecting and deploying a Sifu to carry out your Works, but we do not guarantee that a particular Sifu will be available for a particular Order.
10.2 A Sifu attending the site of the Works is required to carry an identification credential recognised by the App. You may decline to admit a person who cannot produce it, and should report the matter to us using the details in paragraph 36.
10.3 You must provide the Sifu with safe and reasonable access to the site of the Works. We may decline to proceed with an Order, or may treat it as a no-show for the purposes of the Refund, Cancellation and Rescheduling Policy, where access is refused or is unsafe.
11. Pricing and quotations
11.1 Pricing and quotations for an Order are governed by paragraph 6 of the Payment Terms. Prices shown in the App are in Ringgit Malaysia and state whether any tax is included.
11.2 Nothing in these Terms permits a Sifu to charge you a sum not recorded and accepted in the App. Where additional work is found to be needed on site, a revised quotation will be issued through the App and the additional work will proceed only after you accept it in the App.
12. Cancellation, rescheduling and refunds
12.1 Your rights to cancel, reschedule or obtain a refund in respect of an Order are set out in the Refund, Cancellation and Rescheduling Policy available in the App, which forms part of these Terms. Paragraph 13 of the Payment Terms governs the mechanics of paying a refund.
13. Warranty
13.1 Works carried out through the App are covered by the warranty set out in the Warranty Policy available in the App. Except as stated in the Warranty Policy or required by law, a warranty claim is to be made by inspection and rectification of the Works and not by an automatic cash refund.
13.2 Nothing in this paragraph or in the Warranty Policy excludes or restricts a right, guarantee or remedy conferred on you by the Consumer Protection Act 1999, consistently with paragraph 25.6.
14. Site Records
14.1 In the course of an Order, the Company or a Sifu may take, and you may upload, Site Records. You agree that Site Records may be created and kept through the App for the purposes of performing the Works, quality control, customer service, administering the Warranty Policy and any insurance, resolving complaints and disputes, and complying with legal and regulatory requirements.
14.2 Site Records are to be taken of the site and the Works. A Sifu is not permitted to photograph or record you, members of your household or other persons, or the interior of your premises beyond what the Works reasonably require, and you may ask the Sifu not to do so. If a person is captured incidentally, the record will be handled in accordance with the Privacy Policy.
14.3 Site Records may be relied upon by either you or the Company as evidence of the condition of the site and of the Works, but they are not conclusive, and you may dispute their accuracy through the complaint process in paragraph 30.
14.4 The collection, use, disclosure, storage, transfer and retention of any personal data contained in Site Records are governed by the Privacy Policy.
15. Electronic signatures and electronic records
15.1 The App may ask you to accept a quotation, confirm completion of Works, acknowledge an inspection report or warranty record, or agree to a variation, by means of an Electronic Signature.
15.2 In accordance with the Electronic Commerce Act 2006, you agree that an Electronic Signature made by you through the App, together with the associated record, is intended by you to identify you and to indicate your approval of the information to which it relates, and has the same legal effect as a handwritten signature, to the fullest extent permitted by law.
15.3 Paragraph 15.2 does not apply to any document or transaction that the Electronic Commerce Act 2006 excludes from its application, including a power of attorney, a will or codicil, the creation of a trust, and a negotiable instrument. The App will not be used for any such document.
15.4 You must not permit another person to make an Electronic Signature on your account. An Electronic Signature made using your account credentials is treated as yours unless you show that it was made without your authority and that you complied with paragraph 7.
15.5 We will keep a record of each Electronic Signature and the information to which it relates, and you may request a copy of it using the details in paragraph 36.
Part D — Payment
16. Payment
16.1 Payment for an Order is governed by the Payment Terms and Conditions, which form part of these Terms. You should read the Payment Terms, and in particular the paragraphs identified in its own "Terms you should read particularly carefully" notice, before you make a payment.
Part E — Your conduct and content
17. Acceptable use
17.1 You must use the App only for the purpose of requesting, receiving and paying for genuine Works, and only in a manner that does not breach these Terms, the Policies, or applicable law.
18. User content and reviews
18.1 Where the App allows you to submit a rating, review, photograph or other Content, you grant the Company a non-exclusive, royalty-free licence to use, reproduce and display that Content within the App for so long as the Content remains posted or as otherwise required to comply with law.
18.2 The Company may also use a rating or review you submit in its own marketing of the App, but will not in doing so use your full name, your photograph, the address of the site of the Works, or any photograph of your premises, unless you have given your separate consent, which you may withdraw at any time.
18.3 Content you submit must be accurate to the best of your knowledge, must relate to your own experience of the Works, and must not be defamatory, threatening, obscene, or in breach of another person's rights. We may remove Content that we reasonably consider breaches this paragraph, and may suspend your account for repeated or serious breaches.
18.4 You must not submit Content that discloses another customer's or a Sifu's personal data without that person's consent. When interacting with a Sifu or another user you may choose to share your own contact details; please exercise caution in doing so.
19. Prohibited conduct
19.1 You must not:
(a) use the App to make or solicit a payment otherwise than for genuine Works, consistently with paragraph 19 of the Payment Terms;
(b) attempt to circumvent the App in order to deal directly with a Sifu for Works first requested through the App, for the purpose of avoiding the Company's fees;
(c ) reverse engineer, decompile, or attempt to extract the source code of the App, save to the extent applicable law permits;
(d) introduce a virus, worm, or other harmful code into the App, or attempt to gain unauthorised access to another user's account or to the Company's systems;
(e) impersonate another person, or misrepresent your affiliation with any person or body; or
(f) use the App in a manner that could damage, disable, overburden or impair it, or interfere with another person's use of it.
19.2 A breach of this paragraph entitles us to suspend or close your account in accordance with paragraph 28, to decline or reverse an Order, and to report the matter to the appropriate authority, consistently with paragraph 19.3 of the Payment Terms.
Part F — Intellectual property and third-party services
20. Ownership
20.1 The App, and all software, text, graphics, logos and other material forming part of it, other than Content you submit, are owned by or licensed to the Company and are protected by copyright, trade mark and other laws. Nothing in these Terms transfers any of that ownership to you.
21. Licence to use the App
21.1 Subject to these Terms, the Company grants you a personal, non-exclusive, non-transferable, revocable licence to download and use the App on a device you own or control, solely to request, receive and pay for Works for your own domestic or business purposes.
21.2 You must download and update the App only from the official application distribution platforms through which the Company publishes it, consistently with paragraph 16.3 of the Payment Terms.
22. Third-party services
22.1 The App relies on services provided by third parties, including application distribution platforms, Payment Service Providers and Payment Gateways, mapping and location services, messaging services and cloud hosting providers. Your use of a third-party service may also be subject to that provider's own terms.
22.2 Where a third party acts on our behalf in operating the App or performing an Order, we remain responsible to you for it to the same extent as for our own acts, and paragraph 25.4 does not apply to it.
Part G — Privacy
23. Personal data
23.1 The Company is the data controller of the personal data processed through the App. Our collection, use, disclosure, storage, cross-border transfer and retention of your personal data are governed by the Privacy Policy, which is available in the App in Bahasa Malaysia and English and forms part of these Terms.
23.2 The Privacy Policy explains, among other things, the categories of personal data we collect and whether each is required or optional, the purposes for which it is used, the classes of third parties to whom it may be disclosed, the countries outside Malaysia to which it may be transferred and the safeguards that apply, how long it is kept, and how to contact our Data Protection Officer.
23.3 Subject to the Personal Data Protection Act 2010, you may request access to and correction of your personal data, withdraw your consent, and object to the use of your personal data for direct marketing, in the manner described in the Privacy Policy. Withdrawing consent to processing that is necessary for an Order may mean that we cannot complete that Order.
Part H — Disclaimers, liability and indemnity
24. Disclaimers
24.1 We will use reasonable care and skill to keep the App available and functioning, and to correct defects within a reasonable time after we become aware of them. We do not, however, warrant that the App will be uninterrupted, timely, secure or error-free at all times.
24.2 Paragraph 24.1 relates to the App only. It does not apply to the Works, which are governed by paragraph 13, the Warranty Policy, paragraph 13.6 of the Payment Terms, and the guarantees implied by the Consumer Protection Act 1999. Nothing in this paragraph excludes or limits a warranty or guarantee that cannot lawfully be excluded or limited.
25. Limitation of liability
25.1 We are liable to you for loss you suffer that is caused by our breach of these Terms, by our negligence, or by the negligence of a person for whom we are responsible in law.
25.2 We do not exclude or restrict our liability for negligence, and nothing in paragraphs 25.3 and 25.4 is to be read as doing so.
25.3 Where we are answerable to you for a loss connected with your use of the App generally (as distinct from a Transaction, which is governed by paragraph 20 of the Payment Terms, and from the Works, which are governed by paragraph 13 and the Warranty Policy) that was not caused by our negligence or by our breach of these Terms, our liability for that loss is limited to RM500.
25.4 We are not liable to you for loss of profit, loss of business or loss of opportunity, nor for loss arising from a defect in your device, from an interruption in your internet or telecommunications service, or from an act or omission of a person who is neither under our control nor one for whom we are responsible in law. This paragraph does not apply to loss caused by our negligence or by our breach of these Terms.
25.5 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be excluded or limited.
25.6 The Consumer Protection Act 1999 has effect notwithstanding anything to the contrary in any agreement. Accordingly, nothing in these Terms is to be read as excluding, restricting or modifying any right, guarantee or remedy conferred on you by that Act, and to the extent that any provision of these Terms would have that effect, it does not apply to you. Paragraphs 25.3 and 25.4 take effect subject to this paragraph.
26. Indemnity
26.1 You agree to indemnify the Company against a claim, loss or expense reasonably incurred arising from your breach of these Terms, your misuse of the App, or Content you submit that infringes another person's rights, save to the extent the claim, loss or expense arises from the Company's own negligence or breach of these Terms. This paragraph does not apply to the extent it would be inconsistent with paragraph 25.6.
27. Insurance
27.1 Where Works are covered by insurance arranged by the Company, the scope of that cover, the claims process, and any excess payable are set out in the insurance provisions of the Refund, Cancellation and Rescheduling Policy. Nothing in this paragraph obliges the Company to arrange insurance for an Order where the Policy does not provide for it.
Part I — Suspension and termination
28. Suspension and termination
28.1 We may suspend or close your account where you breach these Terms or the Policies, where we have reasonable grounds to suspect fraud or unlawful activity connected with your account, or where required to do so by a regulator or by an order of court, consistently with paragraph 15 of the Payment Terms.
28.2 Save where the law, a regulator or the need to prevent fraud or harm requires otherwise, we will tell you the reason for a suspension or closure and give you an opportunity to respond, using the details in paragraph 35. Where we close your account other than for your breach, we will either complete any confirmed Order or refund any sum paid for Works not yet carried out.
28.3 You may close your account at any time by contacting us using the details in paragraph 36. Closing your account does not affect an Order already confirmed or a right or obligation that has already accrued.
28.4 On suspension or closure of your account, paragraphs 13 to 15, 18 and 20 to 27, paragraphs 30 to 34, and any other paragraph which by its nature ought to continue, remain in effect.
Part J — Disputes and general
29. Events beyond control
29.1 Neither party is in breach of these Terms by reason of a failure or delay in performance caused by an event beyond its reasonable control, consistently with paragraph 21 of the Payment Terms.
30. Complaints and dispute resolution
30.1 If you are dissatisfied with the App, with the Works, or with any other matter under these Terms, you may lodge a complaint with us by any of the channels in paragraph 36. Paragraph 22 of the Payment Terms governs the timeline for our response.
30.2 This paragraph does not restrict your right to bring a claim before the Tribunal for Consumer Claims established under Part XII of the Consumer Protection Act 1999, or before a court of competent jurisdiction, and you are not required to complete our internal complaint process before doing so.
31. Assignment
31.1 You may not assign or transfer your rights under these Terms without our written consent. We may assign or transfer ours to a person who assumes the operation of the App, provided that the assignment does not reduce your rights, and we will notify you before it takes effect, consistently with paragraph 25 of the Payment Terms.
32. General provisions
32.1 If a provision of these Terms is held to be void, invalid or unenforceable, that provision is severed and the remainder continues in force.
32.2 A failure or delay by either party in exercising a right is not a waiver of that right, and a single or partial exercise of a right does not preclude its further exercise.
32.3 A person who is not a party to these Terms has no right to enforce any of its provisions.
32.4 These Terms, together with the Policies, constitute the whole agreement between you and us on the subject of your use of the App and supersede any earlier statement or representation on that subject, save that nothing in this paragraph excludes liability for fraudulent misrepresentation.
33. Language
33.1 These Terms are issued in English and in the national language (Bahasa Malaysia). In the event of any inconsistency between the two texts, the English text prevails, consistently with paragraph 27 of the Payment Terms and the Privacy Policy.
33.2 Where the App or these Terms are made available in Chinese or any other language, that version is provided for convenience only, and the English and Bahasa Malaysia texts govern.
34. Governing law and jurisdiction
34.1 These Terms are governed by and construed in accordance with the laws of Malaysia.
34.2 The courts of Malaysia have jurisdiction to determine any dispute arising out of or in connection with these Terms. Nothing in this paragraph deprives you of the protection of the Consumer Protection Act 1999 or of your right to bring a claim before the Tribunal for Consumer Claims.
35. Notices
35.1 A notice to you under these Terms is effectively given if sent to the electronic mail address or mobile number recorded in your account or delivered as a notification within the App. It is your responsibility to keep those particulars current.
35.2 A notice to us is effectively given when it is received at the address, electronic mail address or telephone number in paragraph 36.
36. How to contact us
36.1 You may contact us as follows:
(a) by writing to SifuApp Sdn. Bhd. at B1-G-45, Jalan Pinggiran Putra 1/3, Taman Pinggiran Putra, 43300 Seri Kembangan, Selangor;
(b) by electronic mail to support@sifuapp.com;
(c ) by telephone or by WhatsApp message to +60 10 978 7338 Monday-Friday 8:30AM-5:30PM and Saturday 8:30AM-1:00PM on any day other than a public holiday; or
(d) through the help function in the App.
