TERMS OF USE

Last Updated 18 October 2019

Agreement to Terms

  1. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Twistcode Technologies Sdn Bhd, located at 1-6, [email protected], Jalan Teknokrat 6, Cyber 5, Cyberjaya, Malaysia, Selangor 63000 Malaysia (we, us), concerning your access to and use of the OKANE.MY (https://okane.my) website as well as any related applications (the Site):
    The Site provides the following services: We offer predictions based on indicators, fundamental analysis, sentiment analysis on stock values, foreign exchange, cryptocurrencies by using artificial intelligence and machine learning (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
    If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
  2. We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
  3. We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.
  4. The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
  5. Additional policies which also apply to your use of the Site include:
    • Our Privacy Notice https://okane.my/privacy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
    • Our Acceptable Use Policy https://okane.my/policy, which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply with this Acceptable Use Policy.
    • If you purchase services, software, and/or content from the Site, our terms and conditions of supply https://okane.my/tnc-supply will apply to the sales, use, and licence.
    • Certain parts of this Site can be used only on payment of a fee. If you wish to use such Services, you will, in addition to our Terms and Conditions, also be subject to our Terms and conditions of supply https://okane.my/tnc-supply.

Acceptable Use

  1. Our full Acceptable Use Policy https://okane.my/policy, sets out all the permitted uses and prohibited uses of this site.

  2. You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

  3. As a user of this Site, you agree not to:
    • Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us
    • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
    • Use a buying agent or purchasing agent to make purchases on the Site
    • Use the Site to advertise or sell goods and services
    • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
    • Engage in unauthorized framing of or linking to the Site
    • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
    • Make improper use of our support services, or submit false reports of abuse or misconduct
    • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
    • Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
    • Attempt to impersonate another user or person, or use the username of another user
    • Sell or otherwise transfer your profile
    • Use any information obtained from the Site in order to harass, abuse, or harm another person
    • Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
    • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
    • Attempt to access any portions of the Site that you are restricted from accessing
    • Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
    • Delete the copyright or other proprietary rights notice from any of the content
    • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
    • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
    • Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
    • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
    • Use the Site in a manner inconsistent with any applicable laws or regulations
    • Threaten users with negative feedback or offering services solely to give positive feedback to users
    • Advertise products or services not intended by us
    • Misrepresent experience, skills, or information about a User
    • Falsely imply a relationship with us or another company with whom you do not have a relationship
    • High Risk Activities. You must realised that you could sustain a total loss with the funds you deposit by refering to our prediction. you wish to continue refer to OKANE.MY, you acknowledge that the decisions you committed are purely risk and able to bear such risks and withstand any losses incurred.
    • Severability. If for any reason any provision of these Terms and Conditions is deemed invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
    • To indemnify and hold OKANE.MY and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the OKANE.MY Sites, or from your violation of these Terms.

Information you provide to us

  1. You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.

    If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at [email protected]

  2. If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.

  3. As part of the functionality of the Site, you may link your account with online accounts you may have with third party service providers (each such account, a Third Party Account) by either: (a) providing your Third Party Account login information through the Site; or (b) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

    You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.

  4. By granting us access to any Third Party Accounts, you understand that (a) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists; and (b) we may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account.

    Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Site. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Site.

    You will have the ability to disable the connection between your account on the Site and your Third Party Accounts at any time. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content.

    You acknowledge and agree that we may access your email address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. At your email request to [email protected] or through your account settings (if applicable), we will deactivate the connection between the Site and your Third Party Account and attempt to delete any information stored on our servers that was obtained through such Third Party Account, except the username and profile picture that became associated with your account.

Membership Eligibility

  1. OKANE.MY are available to and may only be used by individuals or companies who can form legally binding contracts under the law, applicable to their country of residence. Without limiting the foregoing, our services are not available to persons under the age of 18 or otherwise under legal age ("Minors"). If you do not qualify, please do not use our website.
  2. For the avoidance of doubt, we shall not be responsible for any unauthorized use of our Services by Minors in any way or manner. Furthermore, OKANE.MY are available only to, and may only be used by individuals who have sufficient experience and knowledge in financial matters to be capable of evaluating the prediction we have provided.
  3. We shall not be responsible for verifying and/or checking, whether you possess such sufficient knowledge and/or experience, nor shall we be responsible for any damage and/or loss incurred by you as a result of insufficient knowledge and/or experience.

Our content

  1. Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.
  2. Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
  3. Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
  4. You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
  5. We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.
  6. The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
  7. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.

Market

  1. OKANE.MY may provide you access to one or more of its services a broad range of financial information that is generated internally or obtained from agents, vendors or partners ("Third Party Providers"). This includes, but is not limited to, financial market data, quotes, news, analyst opinions, graphs or data ("Market Information").
  2. Market Information provided on OKANE.MY is not intended as investment advice. OKANE.MY does not endorse or approve the market information, and we make it available to you only as a service for your own convenience.
  3. The company and any Third Party Providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the Market Information, or warrant any results from your use or reliance on the Market Information. Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances.
  4. You agree that neither The company nor the Third Party Providers will be liable in any way for the termination, interruption, delay or inaccuracy of any Market Information. You will not "deep-link", redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by The company to receive Market Information.

Link to third party content

  1. The Site may contain links to websites or applications operated by third parties.We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.

Site Management

  1. We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
  2. We do not guarantee that the Site will be secure or free from bugs or viruses.
  3. You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.

No warranty

  1. OKANE.MY does not make any express or implied warranties about the software, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The software is made available to you "as is" and "as available" and OKANE.MY does not warrant that any defects or inaccuracies will be corrected.
  2. OKANE.MY does not warrant that the software will meet your needs, or that your use will be uninterrupted, timely, secure or error-free.
  3. OKANE.MY also makes no warranty that the results obtained from the use of the software will be accurate or reliable, or that the quality of any products, services, information, or other material related to the software will meet your expectations.
  4. No oral or written information or advice given by OKANE.MY or its authorised representative shall create a warranty.
  5. OKANE.MY and its third party content providers, third party licensors and any affiliates thereof do not make any express or implied warranties regarding the accuracy or timeliness of any and all information provided via the software. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
  6. We do not guarantee that the Site will be secure or free from bugs or viruses.
  7. You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.

Modifications to and availability of the Site

  1. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
  2. We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services.We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
  3. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

Disclaimer/Limitation of Liability

  1. The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

    Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.

  2. Our responsibility for loss or damage suffered by you:

    If you are a business user:
    We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

    • use of, or inability to use, our Site/Services; or
    • use of or reliance on any content displayed on our Site.
    In particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

    If you are a consumer user:

    • Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Subscription Terms

  1. You agree to pay the fees stated or as specified from time to time to subscribe for services available by or through the Site. Failure to pay these fees in a timely manner will result in an interruption of fee-based Site services and the functional inability to access the fee-based sections of the Site.

    Charges will be calculated based upon the subscription package selected, and are applicable to the current version of the package selected. Upgrades related to Hardware changes or new releases may be subject to additional charges. Payments are non-refundable, regardless of use or lack of use of the service by you.

  2. Your subscriptions will automatically renew at the end of each billing cycle unless you cancel your subscription through your billing page setting section.

Term and Termination

  1. These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at [email protected]
  2. Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.

    If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.

  3. If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

General

  1. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

    You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

  2. These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
  3. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
  4. We may assign any or all of our rights and obligations to others at any time
  5. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
  6. If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
  7. In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at [email protected] or by post to:

    Twistcode Technologies Sdn. Bhd.
    1-6, [email protected],
    Jalan Teknokrat 6, Cyber 5,
    63000 Cyberjaya,
    Selangor, MALAYSIA

    Phone: +60(3)8311.9553
    Fax: +60(3)8311.9553