Terms of Service
BidRWA Marketplace Terms of Service
These Terms of Service (the "Agreement") explain the terms and conditions by which you may access and use the Products provided by BidRWA Marketplace, Inc (referred to herein as "Bid Real World Asset", "BidRWA Marketplace", "we", "our", or "us"). The Products shall include, but shall not necessarily be limited to, (a) https://www.bidrwa.io, a website-hosted user interface (the "Interface") and (b) our self-custodied wallet embedded into the application (the "BID Wallet"). You must read this Agreement carefully as it governs your use of the Products. By accessing or using any of the Products, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use any of our Products and should not use our Products.
To access or use any of our Products, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction (e.g., 18 years old in the Malaysia) and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Interface. If you are entering into this Agreement on behalf of an entity, you represent to us that you have the legal authority to bind such entity.
You represent that your access and use of any of our Products will fully comply with all applicable laws and regulations, and that you will not access or use any of our Products to conduct, promote, or otherwise facilitate any illegal activity.
NOTICE: This Agreement contains important information, including a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved. Our Products are only available to you — and you should only access any of our Products — if you agree completely with these terms.
Amendment Of Terms
BidRWA may amend the Terms from time to time. You should visit www.bidrwa.io website regularly to check when the Terms were last updated and to review the current Terms. We will do our best to notify you of any amendments to the Terms that we consider likely to materially affect your rights and obligations. Any such notice will be posted on the BidRWA, or sent by email to the address associated with your BidRWA Account.
The continued use of your BidRWA Account, after any amendment to these Terms, constitutes your acceptance of the Terms, as modified by such amendment. If you do not accept the Terms, or any amendment to them, you must immediately stop using the BidRWA Marketplace Site and your BidRWA Account.
  1. Our Products
    1. The Interface

      The Interface provides a web or mobile-based means of access to a decentralized protocol on the Polygon blockchain, allowing users to trade compatible digital assets.

      The Interface is distinct from the Protocol and is one, but not the exclusive, means of accessing the Protocol. The Protocol currently has one version, designated as v1, which comprises open-source or source-available self-executing smart contracts deployed on the Polygon blockchain. BidRWA does not control or operate any version of the Protocol on any blockchain network. By using the Interface, you understand that you are not buying or selling digital assets from us and that we do not operate any liquidity pools on the Protocol or control trade execution on the Protocol. When traders pay fees for trades, those fees accrue to the liquidity providers for the Protocol and to us. However, the fees to us only accrue when traders initiate orders using our platform. No assets on BidRWA are controlled by us. As a general matter, BidRWA is not a liquidity provider into Protocol liquidity pools and liquidity providers are independent third parties. The Protocol was initially deployed on the Polygon blockchain and may be deployed on other blockchain networks by parties other than BidRWA. Deployments on other networks typically utilize cross-chain bridges, which enable assets native to one blockchain to be transferred to another. Please note that digital assets that have been "bridged" or "wrapped" to operate on other blockchain networks (including blockchains compatible with the Polygon Virtual Machine) are distinct from the original Polygon mainnet asset, even if they are designed to ensure the Polygon blockchain can effectively process more transactions.

      To access the Interface, you must use a custodial wallet provided by us, which allows you to interact with public blockchains. Your relationship with us, as the custodial wallet provider, is governed by this Agreement. As the custodian, we have possession and control over the contents of your wallet while providing secure storage and management of your digital assets. However, you are still responsible for securely managing your account credentials and ensuring authorized access to your wallet.

      By using our custodial wallet and connecting to our Interface, you agree to be bound by this Agreement and all of the terms incorporated herein by reference.

    2. The BID Wallet

      BID Wallet is a digital wallet application associated with BidNow's cryptocurrency token - BID. It allows users to store, send and receive digital assets such as BID tokens and RWAs.

      You are solely responsible for maintaining the confidentiality of your account and password, including but not limited to:

      (a) maintaining adequate security and control over your sign-in details

      (b) Enabling any additional security features available to you

      (c) Keeping your contact details up to date

      (d) Maintaining security and control over the email mailbox, mobile number and authentication applications or devices associated with your account.

    3. Other Products

      We may from time to time in the future offer additional products, and such additional products shall be considered a Product as used herein, regardless of whether such product is specifically defined in this Agreement.

    4. Third Party Services and Content

      When you use any of our Products, you may also be using the products, services or content of one or more third parties. Your use of such third party products, services or content may be subject to separate policies, terms of use and fees of these third parties, and you agree to abide by and be responsible for such policies, terms of use and fees, as applicable.

  2. Modifications of this Agreement or our Products
    1. Modifications of this Agreement

      We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any material modifications, we will notify you by updating the date at the top of the Agreement and by maintaining a current version of the Agreement at https://www.bidrwa.io/terms. All modifications will be effective when they are posted, and your continued accessing or use of any of the Products will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using all of our Products.

    2. Modifications of our Products

      We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to you, to modify, substitute, eliminate or add to any of the Products; (b) to review, modify, filter, disable, delete and remove any and all content and information from any of the Products.

  3. Intellectual Property Rights
    1. Intellectual Property Rights Generally

      We own all intellectual property and other rights in each of our Products and its respective contents, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, designs, and its overall "look and feel." These intellectual property rights are protected under the laws of Malaysia. Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use our Products solely in accordance with this Agreement and in compliance with the applicable Malaysian intellectual property laws. You agree that you will not use, modify, distribute, tamper with, reverse engineer, disassemble or decompile any of our Products for any purpose other than as expressly permitted pursuant to this Agreement. Except as set forth in this Agreement, we grant you no rights to any of our Products, including any intellectual property rights. You understand and acknowledge that the Protocol is not a Product and we do not control the Protocol.

    2. Third-Party Resources and Promotions

      Our Products may contain references or links to third-party resources, including, but not limited to, information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of our Products. We do not approve, monitor, endorse, warrant or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.

    3. Additional Rights

      We reserve the right to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that you provide.

  4. Your Responsibilities
    1. Prohibited Activity

      You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Interface:

      • Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.
      • Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, the deployment of viruses and denial of service attacks.
      • Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
      • Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including, but not limited to, the manipulative tactics commonly known as "rug pulls", pumping and dumping, and wash trading.
      • Securities and Derivatives Violations. Activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives, including, but not limited to, the unregistered offering of securities and the offering of leveraged and margined commodity products to retail customers in Malaysia.
      • Sale of Stolen Property. Buying, selling, or transferring of stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items.
      • Data Mining or Scraping. Activity that involves data mining, robots, scraping, or similar data gathering or extraction methods of content or information from any of our Products.
      • Objectionable Content. Activity that involves soliciting information from anyone under the age of 18 or that is otherwise harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable.
      • Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation by the law of Malaysia or another relevant jurisdiction, including, but not limited to, the restrictions and regulatory requirements imposed by Malaysia law.
    2. Platform Transactions

      You acknowledge and agree that: (a) all activity performed via the BidRWA platform is self-directed and initiated voluntarily by you, without any solicitation or recommendation by BidRWA; (b) BidRWA does not provide investment advice or evaluate the suitability of your participation in any token-based project units.

      Project units on the BidRWA platform can only be accessed using BID Tokens, a utility token used to enable participation in platform campaigns. If you choose to use a different currency or asset to engage in a project, the system may convert that value into BID Tokens at a platform-accessible conversion rate in order to complete the participation.

      In the event your participation is canceled or the project timeline expires, any unused BID Tokens may be returned to your BidWallet, provided they were used as the initial medium.

      Should you later choose to exit your held position within the project timeline through the platform’s available mechanisms, any eligible rewards or balance will also be processed in BID Tokens, which you may independently manage or convert outside the platform through third-party services (e.g., HATA, Coinstore, BitMart) at your own discretion and risk.

    3. Custodial and Fiduciary Duties

      Each of the Products is a custodial application, meaning we have custody, possession, or control of your digital assets at certain times. This means that while we handle the safekeeping of your digital assets, you are still responsible for securely managing your account credentials and maintaining access to your wallet. You should never share your wallet credentials, including passwords or seed phrases, with anyone.

      We accept responsibility for the custody and security of your digital assets while they are under our control. However, we make no representations or warranties regarding how any of our Products will operate with specific external wallets. We are also not liable for any acts or omissions on your part that compromise your wallet outside of our custody.

      For clarity, any references herein to a "wallet" shall include the BID Wallet. This Agreement is intended to clarify the custodial duties we assume while managing your digital assets, but it does not impose any fiduciary duties on us beyond those explicitly stated here. To the fullest extent permitted by law, you acknowledge and agree that our duties and obligations to you are limited to those expressly set out in this Agreement. Any other fiduciary duties or liabilities are hereby irrevocably disclaimed, waived, and eliminated.

    4. Compliance and Tax Obligations

      One or more of our Products may not be available or appropriate for use in your jurisdiction. By accessing or using any of our Products, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you.

      Specifically, your use of our Products or the Protocol may result in various tax consequences, such as income or capital gains tax, value-added tax, sales and services tax, or sales tax in certain jurisdictions.

      It is your responsibility to determine whether taxes apply to any transactions you initiate or receive and, if so, to report and/or remit the correct tax to the appropriate tax authority.

    5. Gas Fees

      Blockchain transactions require the payment of transaction fees to the appropriate network ("Gas Fees"). Except as otherwise expressly set forth in the terms of another offer by BidNow, you will be solely responsible to pay the Gas Fees for any transaction that you initiate via any of our Products.

    6. Release of Claims

      You expressly agree that you assume all risks in connection with your access and use of any of our Products. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of any of our Products.

  5. DISCLAIMERS
    1. ASSUMPTION OF RISK -- GENERALLY

      BY ACCESSING AND USING ANY OF OUR PRODUCTS, YOU REPRESENT THAT YOU ARE FINANCIALLY AND TECHNICALLY SOPHISTICATED ENOUGH TO UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS, PARTICIPATION IN TOKENIZED PROPERTY-LINKED CAMPAIGNS, AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND INTRICACIES OF DIGITAL ASSETS.

      IN PARTICULAR, YOU UNDERSTAND THAT THE MARKETS FOR THESE DIGITAL ASSETS ARE NASCENT AND HIGHLY VOLATILE DUE TO RISK FACTORS INCLUDING, BUT NOT LIMITED TO, ADOPTION, SPECULATION, TECHNOLOGY, SECURITY, AND REGULATION.

      YOU UNDERSTAND THAT ANYONE CAN CREATE A TOKEN, INCLUDING FAKE VERSIONS OF EXISTING TOKENS AND TOKENS THAT FALSELY CLAIM TO REPRESENT PROJECTS, AND ACKNOWLEDGE AND ACCEPT THE RISK THAT YOU MAY MISTAKENLY TRADE THOSE OR OTHER TOKENS. SO-CALLED STABLECOINS MAY NOT BE AS STABLE AS THEY PURPORT TO BE, MAY NOT BE FULLY OR ADEQUATELY COLLATERALIZED, AND MAY BE SUBJECT TO PANICS AND RUNS.

      FURTHER, YOU UNDERSTAND THAT SMART CONTRACT TRANSACTIONS AUTOMATICALLY EXECUTE AND SETTLE, AND THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE WHEN CONFIRMED. YOU ACKNOWLEDGE AND ACCEPT THAT THE COST AND SPEED OF TRANSACTING WITH CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS COULD BE VARIABLE AND MAY INCREASE DRAMATICALLY AT ANY TIME. YOU FURTHER ACKNOWLEDGE AND ACCEPT THE RISK OF SELECTING TO TRADE USING THE PMM, (PRICE MATCHING MECHANISM) WHICH CAN EXPOSE YOU TO POTENTIALLY SIGNIFICANT PRICE SLIPPAGE AND HIGHER COSTS.

      IF YOU ACT AS A LIQUIDITY PROVIDER TO THE PROTOCOL THROUGH THE INTERFACE, YOU UNDERSTAND THAT YOUR DIGITAL ASSETS MAY LOSE SOME OR ALL OF THEIR VALUE WHILE THEY ARE SUPPLIED TO THE PROTOCOL THROUGH THE INTERFACE DUE TO THE FLUCTUATION OF PRICES OF TOKENS IN A TRADING PAIR OR LIQUIDITY POOL.

      FINALLY, YOU UNDERSTAND THAT WE DO NOT CREATE, OWN, OR OPERATE CROSS-CHAIN BRIDGES AND WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE SAFETY OR SOUNDNESS OF ANY CROSS-CHAIN BRIDGE.

      IN SUMMARY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY OF THESE VARIABLES OR RISKS, DO NOT OWN OR CONTROL THE PROTOCOL, AND CANNOT BE HELD LIABLE FOR ANY RESULTING LOSSES THAT YOU EXPERIENCE WHILE ACCESSING OR USING ANY OF OUR PRODUCTS. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE INTERFACE TO INTERACT WITH THE PROTOCOL.**

    2. NO WARRANTIES

      EACH OF OUR PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF EACH OF OUR PRODUCTS IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO ANY OF OUR PRODUCTS WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR SECURE; THAT THE INFORMATION CONTAINED IN ANY OF OUR PRODUCTS WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT ANY OF OUR PRODUCTS WILL BE FREE FROM ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL ELEMENTS. NO ADVICE, INFORMATION, OR STATEMENT THAT WE MAKE SHOULD BE TREATED AS CREATING ANY WARRANTY CONCERNING ANY OF OUR PRODUCTS. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING ANY OF OUR PRODUCTS.

      SIMILARLY, THE PROTOCOL IS PROVIDED "AS IS", AT YOUR OWN RISK, AND WITHOUT WARRANTIES OF ANY KIND. ALTHOUGH WE CONTRIBUTED TO THE INITIAL CODE FOR THE PROTOCOL, WE DO NOT PROVIDE, OWN, OR CONTROL THE PROTOCOL, WHICH IS RUN AUTONOMOUSLY WITHOUT ANY HEADCOUNT BY SMART CONTRACTS DEPLOYED ON VARIOUS BLOCKCHAINS. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING ANY OF OUR PRODUCTS.

      ANY PAYMENTS OR FINANCIAL TRANSACTIONS THAT YOU ENGAGE IN WILL BE PROCESSED VIA AUTOMATED SMART CONTRACTS. ONCE EXECUTED, WE HAVE NO CONTROL OVER THESE PAYMENTS OR TRANSACTIONS, NOR DO WE HAVE THE ABILITY TO REVERSE ANY PAYMENTS OR TRANSACTIONS.

    3. NO INVESTMENT ADVICE

      WE MAY PROVIDE INFORMATION ABOUT TOKENS IN OUR PRODUCTS SOURCED FROM THIRD-PARTY DATA PARTNERS. WE MAY ALSO PROVIDE WARNING LABELS FOR CERTAIN TOKENS. THE PROVISION OF INFORMATIONAL MATERIALS DOES NOT MAKE TRADES IN THOSE TOKENS SOLICITED; WE ARE NOT ATTEMPTING TO INDUCE YOU TO MAKE ANY PURCHASE AS A RESULT OF INFORMATION PROVIDED. ALL SUCH INFORMATION PROVIDED BY ANY OF OUR PRODUCTS IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS INVESTMENT ADVICE OR A RECOMMENDATION THAT A PARTICULAR TOKEN IS A SAFE OR SOUND INVESTMENT. YOU SHOULD NOT TAKE, OR REFRAIN FROM TAKING, ANY ACTION BASED ON ANY INFORMATION CONTAINED IN ANY OF OUR PRODUCTS. BY PROVIDING TOKEN INFORMATION FOR YOUR CONVENIENCE, WE DO NOT MAKE ANY INVESTMENT RECOMMENDATIONS TO YOU OR OPINE ON THE MERITS OF ANY TRANSACTION OR OPPORTUNITY. YOU ALONE ARE RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY OR RELATED TRANSACTION IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES, AND RISK TOLERANCE.

      WE DOES NOT PROVIDE INVESTMENT ADVICE, ENDORSEMENT OR RECOMMENDATIONS WITH RESPECT TO ANY PROPERTIES LISTED ON THIS SITE.

      NOTHING ON THIS WEBSITE SHOULD BE CONSTRUED AS AN OFFER TO SELL, SOLICITATION OF AN OFFER TO BUY OR A RECOMMENDATION IN RESPECT OF A SECURITY.

      YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY OR RELATED TRANSACTION IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES AND RISK TOLERANCE. YOU SHOULD CONSULT WITH LICENSED LEGAL PROFESSIONALS AND INVESTMENT ADVISORS FOR ANY LEGAL, TAX, INSURANCE OR INVESTMENT ADVICE. WE DO NOT GUARANTEE ANY CAMPAIGN OUTCOME OR PLATFORM REWARD, FOR ANY PARTICIPATION CAMPAIGN OR LISTING HOSTED ON THIS SITE.

      BEFORE MAKING AN INVESTMENT DECISION, PROSPECTIVE INVESTORS ARE ADVISED TO REVIEW ALL AVAILABLE INFORMATION AND CONSULT WITH THEIR TAX AND LEGAL ADVISORS.

      ANY INVESTMENT-RELATED INFORMATION CONTAINED HEREIN HAS BEEN SECURED FROM SOURCES THAT BIDNOW BELIEVES TO BE RELIABLE, BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION AND ACCEPT NO LIABILITY THEREFORE.

    4. MALAYSIA-SPECIFIC LEGAL DISCLAIMER

      THE BIDRWA PLATFORM AND ITS SERVICES ARE DESIGNED SOLELY FOR UTILITY-BASED DIGITAL PARTICIPATION USING BID TOKENS. WE DO NOT OFFER, PROMOTE, OR ADVISE ON ANY FORM OF FINANCIAL INVESTMENT, SECURITIES, OR GUARANTEED RETURNS. PARTICIPATION IN PROJECTS DOES NOT CONFER ANY OWNERSHIP RIGHTS, EQUITY, OR CLAIM OVER UNDERLYING REAL-WORLD ASSETS.

      ALL USERS ARE RESPONSIBLE FOR UNDERSTANDING THE STRUCTURE AND TERMS OF ANY PROJECT THEY JOIN. THE VALUE OF BID TOKENS, PARTICIPATION REWARDS, AND RELATED ACTIVITIES MAY FLUCTUATE BASED ON MARKET CONDITIONS AND USER BEHAVIOR. ALL TRANSACTIONS INVOLVING SMART CONTRACTS ARE IRREVERSIBLE AND MAY INVOLVE TECHNICAL AND ECONOMIC RISKS.

      THE CONTENT, DATA, OR MATERIALS SHARED BY BIDNOW OR BIDRWA ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS FINANCIAL, LEGAL, OR TAX ADVICE. USERS ARE STRONGLY ADVISED TO CONSULT LICENSED PROFESSIONALS IN MALAYSIA REGARDING THEIR PERSONAL FINANCIAL DECISIONS. THIS PLATFORM OPERATES UNDER THE JURISDICTION OF MALAYSIAN LAW, INCLUDING COMPLIANCE WITH THE ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS OF UNLAWFUL ACTIVITIES ACT 2001 (AMLA).

  6. Indemnification

    You agree to indemnify BidNow against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred directly or indirectly arising from your use of or conduct in relation to the App, or from your violation of these Terms.

  7. Limitation of Liability

    In no event shall BidRWA, its operating entities or any other affiliates be liable to you for any other affiliates be liable to you for any direct, indirect, special, consequential, exemplary or punitive damages or any other damages of any kind, arising out of or in any way connected with your use of, inability to use, or unavailability of the App.

  8. Governing Law, Dispute Resolution and Class Action Waivers

    This agreement shall be governed by and construed in accordance with the laws of Malaysia. Any disputes arising out of or in connection with these Terms will be subject to the non-exclusive jurisdiction of the courts of Malaysia.

    1. Dispute Resolution

      We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to [email protected] so that we can attempt to resolve it without resorting to formal dispute resolution.

  9. Miscellaneous
    1. Entire Agreement

      These terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.

    2. Assignment

      You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement without our prior written consent shall be null and void. We may freely assign or transfer this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

    3. Rewards

      In connection with your historic or current use of one or more of our Products, we may provide you certain incentives, prizes or rewards for completing certain activities, such as completing a certain number of transactions ("User Rewards"). Details regarding the criteria for earning a reward will be described within the applicable Product or official BidNow documentation. Upon satisfaction of the criteria for obtaining a reward and subject to your compliance with the associated rewards terms, this Agreement, and applicable law — to be determined exclusively by BidNow — we will use commercially reasonable efforts to promptly transfer the earned reward to the digital wallet that you designate or have connected to the applicable Product. We reserve the right to change, modify, discontinue or cancel any rewards programs (including the frequency and criteria for earning such User Rewards), at any time and without notice to you.

    4. Notice

      We may provide any notice to you under this Agreement using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting.

    5. Severability

      If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.