TERMS AND CONDITIONS OF USE

Please read these Terms of Service (collectively with MyWorkarz “Privacy Policy”) fully and carefully before using MyWorkarz Portal and the services, features, content or applications (whether from the website or mobile applications) offered by MyWorkarz (“we”, “us” or “our”) (together with the Site, the “Services”). Our third party vendors, partners or providers shall be described as “Provider”. These Terms of Service set forth the legally binding terms and conditions for your use of MyWorkarz Portal and the Services.

1. ACCEPTANCE OF TERMS OF SERVICE

By registering for and/or using the Services in any manner, including but not limited to visiting or browsing MyWorkarz Portal, you agree to be bound without limitation or qualification by this Terms of Service and all other operating rules, policies and procedures that may be published from time to time on MyWorkarz Portal by us, which may be updated from time to time without notice to you.

Certain Services may be subjected to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into this Terms of Service by this reference.

This Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

If you do not accept this Terms of Service, please immediately discontinue your access to MyWorkarz Portal and/or use of the Services.

2. MyWorkarz SERVICES

Services of MyWorkarz shall be as follows:

(a) Foreign Workers Job Order

Job order requests for Foreign Workers shall be made to the Sritas Tech Sdn Bhd through MyWorkarz Portal.
(b) Payment Bridging between Malaysian Recruitment Agencies and Indonesian Placement Agencies.

This is to ensure that both Malaysian Recruitment Agencies and Indonesian Placement Agencies fulfil their obligations before any payment can be wired to either party.
(c) Online Interview Platform

Online interviewing session between potential employer and potential employee to ensure the best match between employers and foreign workers.
(d) Online Acceptance of Employment Agreement

Employment Agreement to be agreed with before the foreign workers are imported into Malaysia.
(e) Facilitating the Transfer Process of Foreign Workers from Indonesia to Malaysia

This includes but not limited to the training, health screening in source country, quarantine period, departure and arrival of the foreign workers to be imported to Malaysia.

3. WELCOME TO MyWorkarz

Thank you for using MyWorkarz Portal. The Services are governed by the Sritas Tech Sdn Bhd.

All Services provided by MyWorkarz herein are subject to the terms and conditions of the applicable agreements governing their use. The terms and conditions set out in this Terms of Service are meant to regulate your access to MyWorkarz Portal and they are to be read together with the applicable terms and conditions governing any transaction(s), product(s) and/or service(s) provided in MyWorkarz Portal. In the event of conflict between these terms and conditions and the terms and conditions governing the relevant transaction(s), product(s) and/or service(s) provided herein, the latter will prevail.

The information, material, functions and content provided in the pages of MyWorkarz Portal may be changed from time to time with or without notice at MyWorkarz’s absolute discretion. Your continued access or use of the website and/or the services provided herein subsequent to any such change will be deemed as your acceptance to those changes.

(a) Using the Services

You must follow any policies made available to you within the Services.

You shall not misuse our Services by, and not limited to interfering with our Services or attempt to access MyWorkarz Portal using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including and not limited to any applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the contents you access. You may not use the contents from our Services unless you have obtained permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. You shall not remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services may display some contents that does not belong to MyWorkarz. These contents are the sole responsibility of the entity that makes it available. We may review the contents to determine whether it is illegal or if we have the reason to believe that it violates our policies, and we may remove or refuse to display contents that we reasonably believe violate our policies or the law.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information.

As a condition of use, you hereby agree not to use the Services for any purpose that is prohibited by this Terms of Service. You are responsible for all of your activity in connection with the Services.

You shall not and shall not permit any third party to either: -

(i) take any action; or
(ii) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Services, including without limitation any user content, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  • you know is false, misleading, untruthful or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
  • impersonates any person or entity, including any of our employees or representatives; or
  • includes anyone’s identification documents or sensitive financial information.


You shall not: -

(iii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
(iv) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
(v) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
(vi) run any form of auto-responder or “spam” on the Services;
(vii) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
(viii) harvest or scrape any Content from the Services; or
(ix) otherwise take any action in violation of our guidelines and policies.

You shall not (directly or indirectly):-

(x) decipher, decompile, dissemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction;
(xi) modify, translate, or otherwise create derivative works of any part of the Services; or
(xii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: -

(xiii) satisfy any applicable law, regulation, or legal process;
(xiv) enforce this Terms of Service, including investigation of potential violations hereof;
(xv) detect, prevent, or otherwise address fraud, security or technical issues;
(xvi) respond to user support requests; or
(xvii) protect the rights, property or safety of us, our users and the public.

(b) Your MyWorkarz Account

You shall need a MyWorkarz Account in order to use our Services. You must provide accurate and complete information and keep your Account information updated. You shall not: -

(i) select or use as a username a name of another person with the intent to impersonate that person;
(ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or
(iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.

To protect your MyWorkarz Account, keep your password confidential. You are responsible for the activity that happens on or through your MyWorkarz Account.

You hereby represent and warrant that you are at least 18 years of age. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.

You are solely responsible to ensure that this Terms of Service is in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where this Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

MyWorkarz shall require you to upload some documents to ensure your eligibility as MyWorkarz user. You are responsible in ensuring that any required document uploaded is of true information. You hereby grant MyWorkarz the permission to share your details with the governing authorities when deem fit.

(c) Payment Bridging between Malaysian Recruitment Agencies and Indonesian Placement Agencies

MyWorkarz shall be the payment gateway between Malaysian Recruitment Agencies and Indonesian Placement Agencies. This is to ensure that both parties have fulfilled their liabilities before any sum is released. The payment sums and terms are not set by MyWorkarz. Any pending payment on your account shall be based on job orders and the terms of payment shall differ following the terms of the Indonesian Placement Agencies.

Once the Malaysian Recruitment Agency have placed a job order, the Indonesian Placement Agency shall prepare an invoice following the quotation agreed by both parties. The staggered payment structure may differ following the Indonesian Placement Agencies’ discretion.

Upon the completion of order, the Indonesian Placement Agency shall immediately sell and irrevocably assign the payment terms to the Malaysian Recruitment Agency. Upon such assignment, Malaysian Recruitment Agency shall agree to make the payment following the payment terms set by the Indonesian Placement Agency.

Once an order is approved, you shall be notified via MyWorkarz of the same. MyWorkarz shall also inform you of (a) your total order amount; (b) a payment schedule showing the amount and due dates for each staggered payment; and (c) will indicate your preferred payment method. You will be required to confirm that you have reviewed this information and accepted it. These details are also available for view in your account on MyWorkarz.

(d) Mode of Payment through MyWorkarz

Any transaction made through MyWorkarz shall be by way of FPX, bank transfer or credit card only. Please ensure that you are not prompted to make any payment without making sure that all sum and amount stated is accurate following any agreed terms.

(e) Cancellation of Order

You hereby agree that once an order is confirmed and payment has been made, that you shall not make any cancellation request unless it falls under any of the following event: -

(i) The order was made in the wrong category;
(ii) No payment in any form has been made to a third party; or
(iii) Any order cancellation does not implicate any party involved.

(f) Links related to MyWorkarz

Links from or to websites outside the MyWorkarz Portal are meant for convenience only. Such linked websites are owned and operated by third parties and as such are not under the control of MyWorkarz. MyWorkarz shall not be responsible and makes no warranties in respect of the contents of those websites, the third parties named therein or their products and services. Any link provided in this website shall not be considered an endorsement or verification or approval of such linked websites or the contents therein. Linking to any other site is at your sole risk and MyWorkarz shall not be responsible or liable for any damages in connection with linking. It is advisable for you to read the privacy policy statements (if any) of any websites which are linked to MyWorkarz Portal.

(g) Privacy Policy & Data Protection Notice Obligations

You agree to our Privacy Policy incorporated herein by reference and accept that it forms an essential and integral part of this Terms of Service.

You consent to our use of your personal data in accordance with the terms of our Privacy Policy and prevailing privacy policies. You agree that by registering an account with us and/or using MyWorkarz Services, you have authorised and consented to your personal data being disclosed to and/or processed by such third parties and/or service suppliers as may be necessary for the purposes of providing the related services to you.

You grant us consent to confirm your personal data with other entities or agencies in order to verify your identity and/or to comply with any legal or regulatory requirements in connection with MyWorkarz Services.

You accept that we may be required to revise our Privacy Policy from time to time. All revisions will be promptly notified through our website. Your continued use of MyWorkarz services shall mean that you have agreed and consented to our Privacy Policy as revised.

(h) Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will use our Services responsibly.

Other than as expressly set out in this Terms of Service or additional terms, neither MyWorkarz nor service Providers make any specific promises about the Services such as and not limited to commitments about the contents within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide our Services on an “as is” basis.

MyWorkarz does not warrant or represent that access to the whole or part(s) of the MyWorkarz Portal, the materials, information and/or functions contained therein will be provided uninterrupted.

(i) Copyright

Unless otherwise indicated, the copyright in MyWorkarz and its contents, including but not limited to the text, images, graphics, sound files, animation files, video files, and their arrangement, are the property of MyWorkarz, and are protected by applicable Malaysian and international copyright laws. No part or parts of the MyWorkarz Portal may be modified, copied, distributed, retransmitted, broadcast, displayed, performed, reproduced, published, licensed, transferred, sold or commercially dealt with in any manner without the express prior written consent of MyWorkarz.

You shall not, without MyWorkarz’s expressed prior written consent, insert a link to MyWorkarz Portal on any other website, frame or "mirror" any material contained on the MyWorkarz Portal on any other server.

Any such unauthorised reproduction, retransmission or other copying or modification of any of the contents of MyWorkarz’s website may be in breach of statutory or common law rights which could be a subject of legal action.

MyWorkarz disclaims all liability which may arise from any unauthorised reproduction or use of the contents of our website.

(j) Trademarks

All trademarks, service marks, and logos displayed in MyWorkarz Portal are the property of MyWorkarz.

Unless the prior written consent of MyWorkarz has been obtained, no license or right is granted to any party accessing MyWorkarz Portal to use, download, reproduce, copy or modify such trademarks, services marks or logos. Similarly, unless the prior written consent of MyWorkarz or the relevant proprietor has been obtained, no such trademark, service mark or logo may be used as a link or to mark any link to MyWorkarz’s Portal or any other site.

(k) Exclusion of Liability

MyWorkarz shall in no event be liable for any loss or damage howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss of profits or savings arising in connection with your access or use or the inability to access or use MyWorkarz Portal (or any third party link to or from MyWorkarz Portal), reliance on the information contained in the website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise.

(l) Exclusion of Liability Due to Acts and/or Omission by Any Third Party/Relevant Authority(ies)

MyWorkarz shall not be responsible and liable for any claim, loss of profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages caused by any third party/relevant authority(ies) including but not limited to the following instances: -

(i) discretion exercised by any third party/relevant authority(ies);
(ii) closing/cancellation of programs by any third party/relevant authority(ies);
(iii) delay on the part of any third party/relevant authority(ies) in processing your application; or
(iv) failure to comply with the requirement set by any third party/relevant authority(ies) by you.

(m) Indemnity

You hereby irrevocably agree to indemnify and keep indemnified MyWorkarz from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by MyWorkarz in connection with or arising from: -

(i) your use or misuse of MyWorkarz Portal and the services provided herein,
(ii) your breach of this Terms of Service howsoever occasioned; or
(iii) any intellectual property right or proprietary right infringement claim made by a third party against MyWorkarz in connection with your use of the MyWorkarz Portal.

(n) Liability for Services

When permitted by law, MyWorkarz and MyWorkarz’s service providers, will not be responsible for loss of profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

To the extent permitted by law, the total liability of MyWorkarz and its service providers, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, upon our discretion, to supply you the Services again).

In all cases, MyWorkarz and its service providers will not be liable for any loss or damage over and above the services provided.

(o) Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functions or features, and we may suspend or stop a Service altogether with or without advance notification to the user.

You can stop using our Services at any time. MyWorkarz may stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

MyWorkarz reserves the right to terminate and/or suspend your access to MyWorkarz Portal and/or your use of MyWorkarz Portal at any time, for any reason at our own discretion. In particular, and without limitation, MyWorkarz may terminate and/or suspend your access should you violate any part of this Terms of Service, or violate the rights of MyWorkarz, of any other user, or of any third party.

(p) Miscellaneous

The failure of MyWorkarz to exercise or enforce any right or provision of this Terms of Service shall not constitute a waiver of such right or provision.

If any part of this Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the other provisions of the terms and conditions shall continue in full force and effect.

Any rights not expressly granted herein are reserved.

(q) Laws and Jurisdiction

This Terms of Service are governed by and are to be construed in accordance with the laws of Malaysia. By accessing MyWorkarz Portal and/or using the services provided herein by MyWorkarz, you hereby consent to the exclusive jurisdiction of the Malaysian courts in all disputes arising out of or relating to the use of MyWorkarz Portal.

(r) About This Terms of Service

We may modify the terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly.

MyWorkarz reserves the right to amend any of the terms and conditions at any time without any prior notice.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between MyWorkarz and you. They do not create any third party beneficiary rights.

(s) Communications with MyWorkarz

All parties shall be bound by the communication via emails registered with MyWorkarz. You may contact us via email at [email protected]

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