TERMS OF SERVICE

1.    These Terms of Use (hereinafter referred to as the "Agreement") should be read in their entirety by you (hereinafter referred to as "User" or "you") before using ProfitWorld's services or products. Please note that the Agreement constitutes a legally binding agreement between you and ProfitWorld (hereinafter referred to as "we" or "us"), the owner and operator of the website found and described at www.profitworld.io and its extensions at Telegram (hereinafter collectively referred to as the "Service" or "Site"). By using and/or continuing to use the Service, if and where made available, and/or by using the Service in any manner, you agree to be bound by the terms and conditions set forth in this Agreement, as the same may be updated or amended from time to time in accordance with the provisions set forth below and therein. For the avoidance of doubt, Telegram is a cloud-based, cross-platform instant messaging service, commonly known as "Telegram".

2.    Please note that this agreement is a legally binding agreement between you and us.

3.    ProfitWorld is a brand and is supported by EVTS Technologies Sdn Bhd (hereinafter referred to as "EVTS") as an external marketing consultant. EVTS' Role as Marketing Consultant: User acknowledges and agrees that EVTS is acting solely as a marketing consultant under this Agreement. Nothing in this Agreement shall be construed to create any further obligation on the part of EVTS to the User beyond the scope of the marketing services expressly described in this Agreement. EVTS's obligations are limited to introducing User to ProfitWorld, and no other ongoing obligations, commitments or responsibilities are assumed by EVTS unless expressly stated in writing. User acknowledges that EVTS's role is limited to the specified marketing services and that additional services require a separate agreement between the parties.

4.    The term "Group" as used herein refers to the group of companies directly or indirectly controlled by us that operate the various businesses of our Group, as well as all or some of their direct or indirect subsidiaries, joint venture partners and their affiliates, wherever in the world they may be located from time to time.

5.    In addition to the terms of this Agreement, please read our Privacy Policy and the other rules, policies and terms relating to the Service and the promotions available on the Site that are posted on the Site from time to time and which are incorporated herein by reference, together with such other policies as may be notified to you by us from time to time.

6.    Licensing/intellectual property

6.1    Subject to the terms and conditions contained herein, we grant the User a limited, non-exclusive, personal, non-transferable, non-sublicensable and/or revocable right to use the Service on your personal computer or other Internet-connected device to access our servers and/or the Service as described on the Site.

6.2    The service is licensed to you by us for your private use. Please note that the service is not intended for use by:-

6.2.1    Persons under the age of 18;

6.2.2    Persons over the age of 18 who are not yet of legal age in their country; and

6.2.3    Persons who connect to the Website from jurisdictions where it is illegal to do so.

6.3    We are not able to verify the legality of the Service in every jurisdiction and it is the User's responsibility to ensure that the use of the Service is lawful.

6.4    We reserve the right to request proof of age from you at any time to ensure that no minors are using the Service. We also reserve the right to suspend or delete your account and to exclude you temporarily or permanently from using the Service if satisfactory proof of age is not provided or if we suspect that you are a minor.

6.5    In order to verify your identity, address, age and/or source of funds and to comply with our legal obligations, we may from time to time ask you to provide personal details and/or documentation (e.g. a copy of your passport or other government issued photographic proof of identity, proof of address, payment method details, bank statements and/or other supporting documents). We reserve the right to restrict your use of the Service until you have provided the requested information and/or we have completed these checks to our satisfaction. For more information on how we use such personal data, please refer to our Privacy Policy.

6.6    The Group and its licensors (including any third party providers) are the sole owners of all rights in the Service and its code, structure and organisation, including copyright, trade secrets, intellectual property and other rights. You may not, within the limits prescribed by applicable law:-

6.6.1    copy, distribute, publish, reverse engineer, decompile, disassemble, modify or translate the Service and/or the Website or attempt to access the source code to create derivative works of the source code of the Service, the Website or otherwise;
6.6.2    sell, assign, sub-licence, transfer, distribute or lease the Service and/or the Website;
6.6.3    make the service and/or the website accessible to third parties via a computer network or in any other way;
6.6.4    export the Service and/or the Website to any country (whether by physical or electronic means); or
6.6.5    use the Service and/or the Website in any manner prohibited by applicable laws or regulations,

(each of the above points constitutes "unauthorised use").

6.7    The Group and its licensors (including any third party providers) reserve all rights, implied or otherwise, not expressly granted to the User hereunder and retain all right, title and interest in and to the Service and/or the Website.

6.8    You agree that you will be solely liable for any damages, costs or expenses arising out of or in connection with the commission of any unauthorised use by you. You shall notify us immediately if you become aware of any unauthorised use by any person and shall provide us with reasonable assistance in any investigation we conduct based on the information you provide in connection therewith.

6.9    The terms "ProfitWorld" and all other associated trademarks, service marks, signs, trade names and/or domain names used by the Group from time to time on the Website and/or the Service (collectively referred to herein as the "Trademarks") are trademarks, service marks, signs, trade names and/or domain names of the Group and/or its licensors (including any third party licensors), and such entities reserve all rights in such Trademarks. In addition, all content on the Website, including but not limited to the Service, images, graphics, photographs, animations, videos, music, audio and text (hereinafter collectively referred to as the "Website Content") belongs to the Group and/or its licensors (including any third party providers) and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Website, you do not acquire any rights in the Website Content and/or the Trademarks or any part thereof. Under no circumstances may you use the Website Content and/or the Trademarks without our prior written consent.

6.10    In addition, you agree not to do anything that interferes or may interfere with the rights, including intellectual property rights, of the Group and/or its licensors (including any third party providers) in the trade marks or the content of the Website and not to do anything that damages the image or reputation of us, the Group generally and all of our and their employees, directors, officers and consultants.

6.11    You warrant that any names or images (e.g. your username and avatar) used by you in connection with the Website or the Service do not infringe the intellectual property, privacy or other rights of any third party. You hereby grant to us, for the benefit of the Group, a worldwide, irrevocable, transferable, royalty-free and sub-licensable licence to use such names and images for any purpose in connection with the Website or the Service, subject to the terms of our Privacy Policy.

7.    No guarantees

7.1    We disclaim any express or implied warranty in connection with the Service, which is provided to you "as is", and we make no warranty or representation to you as to its quality, fitness for purpose, completeness or accuracy.

7.2    Notwithstanding our endeavours to provide you with a service of the highest quality and security, we do not warrant that the service will be uninterrupted, timely or error-free, that defects will be corrected or that the service and the sites will be free of viruses, bugs or other contaminants.

7.3    We reserve the right, in our sole discretion, to suspend, discontinue, modify, remove or add to the Service with immediate effect and without obligation to notify you if we deem it necessary or if we deem it necessary for the administration, maintenance or updating of the Website and we shall not be liable in any way for any loss suffered as a result of any decision made by us in this regard.

8.    Authority

8.1    We retain authority over the issuance, maintenance and closure of the service.

8.2    The decision of our management regarding any aspect of the Service, the use of the Service or the resolution of any dispute is final and cannot be reviewed or appealed.

9.    Your assurances and guarantees

Prior to your use of the Service and on an ongoing basis, you represent, warrant, covenant and agree that:-

9.1    that there is a risk of losing cryptocurrencies when using the Service and that neither we nor any other member of the Group will be responsible to you for any such loss;

9.2    We are not a financial institution and no interest is charged on cryptocurrencies deposited with us;

9.3    Use of the service is at your own discretion and risk;

9.4    You are solely responsible for all applicable taxes on any cryptocurrencies obtained through your use of the Service;

9.5    We do not advise users on tax and/or legal matters. Users seeking advice on tax and legal matters are advised to contact the relevant advisors and/or authorities in their country of residence and/or domicile;

9.6    the telecommunications networks and internet access services you need to access and use the Service are entirely outside our control and we accept no liability for any outages, slowness, capacity limitations or other defects affecting them;

9.7    You are 18 years old or older;

9.8    You have provided truthful and accurate information about your address and identity, including your nationality;

9.9    You are not currently on a list of people who would prohibit us from doing business with you or offering you the Service;

9.10    you are not prohibited from receiving funds from us because of your geographical location or for any other reason; and

9.11    if you are identified as such a person under clause 9.9 or 9.10, we may immediately suspend your access to all Services.

10.    Prohibited uses

10.1    PERSONAL USE. The service is intended exclusively for personal use by the user.

10.2    COMPLIANCE WITH MONEY LAUNDERING AND SANCTIONS. We expressly prohibit and discourage the use of the Service for any form of illegal activity, including money laundering, terrorist financing or trade sanctions violations, in accordance with the laws, regulations and standards of the various jurisdictions. For this reason, the Service is not offered to persons or entities that fall under the sanctions or watch lists of the United States, the European Union or other countries. By using the Service, you represent and warrant that you are not subject to any such sanctions.

10.3    JURISDICTIONS. We prohibit individuals who are located (including temporary visitors) or resident in certain countries from using the Service (hereinafter referred to as "Prohibited Countries"). For the avoidance of doubt, the foregoing restrictions also apply to residents and citizens of other nations who are located in a Prohibited Country.

10.4    Any attempt to circumvent the Restrictions by persons located in a prohibited jurisdiction is a breach of this Agreement. Attempted circumvention includes, but is not limited to, tampering with the information we use to identify your location and providing false or misleading information about your location or residence.

11.    Know your customer ("KYC")

We reserve the right at any time to request any documentation we deem necessary to establish the identity and location of a user. We reserve the right to restrict service, payment or debiting until identity is sufficiently established, or for any other reason at our sole and absolute discretion. We also reserve the right to disclose a user's information if necessary to comply with legal process, and by using the Service, you consent to the possibility of such disclosure.

12.    Offensive language or content

The User is prohibited from posting unlawful, indecent, racist, obscene, offensive, defamatory or threatening material or material that violates any law or is generally considered offensive via the Service.

13.    Offence against

13.1    Without prejudice to our rights, including the generality of clause 15.3, if a User breaches any of the provisions contained herein in whole or in part, including without limitation if any of the following occurs:

13.1.1    you provide us with false or misleading information when registering for the service;
13.1.2    You are subject to restrictions that prohibit us from doing business with you or providing services to you;
13.1.3    you are not of legal age to use the service;
13.1.4    you are resident in a country where the use of the service is prohibited by law;
13.1.5    You use the Website or the Service in bad faith; or
13.1.6    you breach clause 12 by making sexually explicit or offensive remarks, including expressions of bigotry, racism, hatred or profanity,

13.2    We reserve the right, in our sole discretion, to take such action as we deem appropriate, including terminating this Agreement and any other agreement in place between the User and any other member of the Group, immediately suspending the User's access to the Service or any other services offered by the Group, terminating the User's account on the Website or any other website operated by the Group, seizing or quarantining any funds held in the User's account on the Website or any other website operated by the Group, and the termination of the User's account on the Website or any other website operated by the Group, the seizure or quarantine of any funds held in the User's account on the Website or any other website operated by Flutter Group and/or the taking of legal action against the User. A breach of this Agreement by a User shall be deemed a breach of any other agreement between the User and any member of the Group.

13.3    You agree to fully indemnify, defend and hold us and all other group companies and their shareholders, directors and employees harmless from and against any and all claims, demands, liabilities, damages, losses, costs and expenses, including attorneys' fees and other costs, howsoever caused, which may arise as a result of

13.3.1    Your breach of this Agreement, in whole or in part;
13.3.2    infringement by you of any laws or third party rights; and
13.3.3    the use of the Service by you or by any other person who accesses the Service using your login details, whether or not you are authorised to do so.

14.    Limitation of liability

14.1    Under no circumstances, including negligence, shall we or any other member of the Group or any of its licensors (including third party providers) be liable for any special, incidental, direct, indirect or consequential damages of any kind (including, but not limited to, damages for loss of profits, business interruption, loss of business information or other pecuniary loss) arising out of the use (or misuse) of the Service, even if we or the relevant member of the Group had prior knowledge of the possibility of such damages.

14.2    Nothing in this agreement shall exclude or limit our liability for:-

14.2.1    death or personal injury caused by his negligence; or

14.2.2    Fraud or fraudulent misrepresentation.

15.    Registration

15.1    In order to become a user of the Service, you must complete the registration process as described in the respective registration procedures of the different products (hereinafter referred to as the "Registration Process"). The completion of the registration process is the confirmation that the interaction between you and us has been initiated.

15.2    Each Account is accessible via a combination of a unique username ("Username"), a unique and secret password ("Password") and other optional numerical authentication methods that the User may choose (the Username, Password and any other authentication features are collectively referred to as "Login Credentials"). The User is obliged to choose his own user name and password in accordance with the relevant rules. The User further acknowledges and agrees that when registering individual products and using the Service, he/she shares his/her personal data from Telegram (name, profile name, language, telephone number) with us and accepts the terms and conditions thereof. By submitting the registration data, the user confirms that he has entered all registration data correctly.

15.3    In addition to the personal data that he provides to the system, the customer user creates the 2FA, in which a financial password is created every 30 seconds, which the user must use in his account for financial transactions as well as activities to change and/or supplement his payment data. The recovery password for the 2FA cannot be changed or restored, as it remains as information exclusively in the user's data. The user agrees and acknowledges that if the 2FA recovery password is lost, we will not be able to recover it and the user will therefore irretrievably lose control of their account and the funds in it.

15.4    The user agrees that he is solely responsible for the use of the service under his login data and that he will neither pass on the login data to any person nor authorise another person to use the service via his account.

15.5    The user is obliged to keep his login details secret at all times and to do everything possible to protect them. Any unauthorised use of the login data is the sole responsibility of the user and is considered to be the user's use. Any liability arising from this is the responsibility of the user.

15.6    We reserve the right to close a User's account for any reason at any time without notice to the User. Any balance remaining in the User's account at the time of closure will be credited to the credit card/bank account registered to the User, unless such credit is prohibited by applicable law or regulation.

15.7    Users are strictly prohibited from using the Service to facilitate any type of illegal money transfer scheme. You will not use the Service for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under the laws of any jurisdiction applicable to you. If we suspect that you are conducting or have conducted any fraudulent, unlawful or unauthorised activity, including but not limited to money laundering activities, or otherwise breach this Agreement, your access to the Service will be terminated immediately and/or your account suspended. If your Account is terminated or suspended in such circumstances, we will only refund to you funds held in your Account at that time in accordance with and to the extent permitted by applicable anti-money laundering laws, regulations, policies and enforcement procedures in Malaysia as applicable to the suspected misconduct. In addition, we may notify the relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or unauthorised activity and you will co-operate fully with us in any investigation of such activity.

16.    Disputes/Support

If a user wishes to make a complaint, please contact our customer service. If a dispute is not resolved to your satisfaction, you may seek redress in the jurisdiction indicated below.

17.    Amendment

We reserve the right to update or amend the terms of this Agreement or any part thereof from time to time without notice and you will be bound by any such amended Agreement once it is posted. We encourage you to periodically visit the Site and review the terms and conditions contained in the then-current version of the Agreement. Your continued use of the Website and/or the Service shall be deemed to constitute your acceptance of any changes to the Agreement.

18.    Arbitration

Any claim, dispute, controversy or action arising out of or relating to the Service or the Contract shall be submitted to and finally settled by arbitration administered by the International Chamber of Commerce in accordance with the Rules of Arbitration of the International Chamber of Commerce, which are incorporated by reference into this Clause 19. In this regard:-

18.1    The arbitral tribunal shall consist of a sole arbitrator appointed by the parties in accordance with the Rules of Arbitration of the International Chamber of Commerce.

18.2    The language of the arbitration proceedings shall be English.

18.3    The award of the arbitrator appointed pursuant to this clause shall be final and binding on both parties.

18.4    The costs of the arbitration shall in principle be borne by the unsuccessful party. However, the arbitrator appointed pursuant to this clause may apportion any of these costs between the parties if he determines that the apportionment is reasonable in light of the circumstances of the case.

18.5    The place of arbitration will be in Malaysia.

18.6    The right to arbitrate disputes or claims shall survive the termination or cancellation of this Agreement.

19.    Applicable law

The Agreement and all matters relating thereto shall be governed by and construed in accordance with the laws of Malaysia. This choice of law clause is without prejudice to any rights you may have as a consumer under mandatory provisions of Malaysian law or the law that would apply to you in the absence of such choice of law clause.

20.    Separability
If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, this shall not affect the validity or enforceability of any other provision of this Agreement in that jurisdiction or the validity or enforceability of that or any other provision of this Agreement in any other jurisdiction.

21.    Allocation
We reserve the right to assign this agreement in whole or in part at any time and without notice. The User may not assign any of its rights or obligations under this Agreement.

22.    Miscellaneous

22.1    No waiver by us of any breach of any provision of this Agreement (including any failure by us to require strict and faithful performance or observance of any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or any other provision of this Agreement.

22.2    Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third party not party to this Agreement.

22.3    Nothing in this Agreement shall create or be deemed to create a partnership, agency, fiduciary, trust or joint venture relationship between you and us.

22.4    This Agreement constitutes the entire agreement between you and us with respect to the Service and supersedes any prior agreements, understandings or arrangements between you and us.

22.5    The user is obliged to provide complete and truthful information on all details and information requested by us in connection with the use of the service by the user.

22.6    In the event of discrepancies between the translated versions of this Agreement, the English version shall prevail.