Introduction

GigaGigs by Smart is a mobile application platform (GigaGigs by Smart app) that is wholly owned by GigaGigs Sdn. Bhd (Reg No: 1186203-X) (GigaGigs). The GigaGigs by Smart app intends to connect an individual (User) to tasks for which GigaGigs by Smart was commissioned including but not limited to, store checks, store searches, mystery shopper, and surveys (collectively Tasks). Fulfilment of these Tasks by you will be rewarded accordingly by GigaGigs, either in monetary terms or in kind. These Tasks are engaged by the clients of GigaGigs by Smart for purposes that shall not be revealed. These terms and conditions shall govern your use of and participation in GigaGigs by Smart App and the commissioning of Tasks. As such, please read these terms and conditions carefully. If you disagree with any of the terms and conditions contained in this document, please discontinue browsing and using our application.

 

General Acceptance 

  1. By virtue of you registering as a User and/or usage of our GigaGigs by Smart app, you would have indicated your acceptance of all terms and conditions of GigaGigs by Smart with regards to the GigaGigs by Smart App whether contained in this document or through any additional documents on further policies of usage which links would be indicated where applicable, and have read our Privacy Notice. By accepting, you also affirm your understanding of the terms and conditions contained in this document and are within full capacity to enter into transaction with GigaGigs Sdn. Bhd by usage of the GigaGigs by Smart
  2. By using the GigaGigs by Smart App, you acknowledge that you will comply strictly to the instructions of the Tasks in exchange for rewards, understanding that you will undertake the Tasks strictly at your own risk and shall assume responsibility of your own costs and method of transport when completing the
  3. These terms and conditions are subject to changes at the absolute discretion of the GigaGigs by Smart management team at any time. Updates of any amendment to these terms and conditions shall be posted on gigagigsbysmart.gigagigs.com as and when needed. You are responsible to check our website from time to time but this notwithstanding you are bound by all amended terms and conditions which is effective upon their posting on www.gigagigs.com/gigagigsbysmart-privacypolicy and www.gigagigs.com/gigagigsbysmart- termsconditions.
  4. These terms and conditions together with our Privacy Notice, including any changes or amendments or additions to the same and by your acceptance in the manner stated under clause 1 above, you would have entered into a legally binding agreement with GigaGigs by Smart. Notwithstanding the above, if any of these terms and conditions or those contained in the Privacy Notice (whether amended or otherwise) is deemed invalid by a court of competent jurisdiction, such invalidity is only limited to that term or condition and the remaining terms and conditions shall still be in full force and

 

Account & User Information

  1. In order for you to participate in the Tasks in the GigaGigs by Smart App, you are required to create an account with us (User Account) by providing us with your name, active mobile phone number, SmartLuy account details and other personal information as may be required by us from time to
  2. By using GigaGigs by Smart App you will also be required to provide your SmartLuy account details to GigaGigs Sdn Bhd and to the payment service provider utilized by
  1. The effectiveness of our GigaGigs by Smart App is dependent on you providing detailed and accurate personal information to Should there be any changes in your personal information, you agree to keep your registration information updated in a timely manner. If we find that the provided information is inaccurate, untrue or invalid, GigaGigs by Smart reserve the rights to terminate your membership on our GigaGigs by Smart App.
  2. Once you have successfully created a User Account, you will receive a password and account number. You are allowed only one User Account and are responsible for all activities under your password or account. Additionally, you shall be solely responsible for all activities that occur under your User Please note that it is also your sole responsibility to keep your password and account number secure at all times. GigaGigs by Smart shall not be held responsible and shall not be liable for your losses if your User Account and its information in it is accessed or used by unauthorised third parties, and you may be liable to GigaGigs by Smart should we suffer any losses or damages due to such unauthorised use. Kindly notify GigaGigs by Smart immediately once you have become aware of any breach in security or unauthorised use of your User Account.
  3. Similarly, you shall not use another person’s User Account without that person’s permission. You will further agree not to misrepresent yourself or represent yourself as another user of the GigaGigs by Smart App, e. we reiterate that you shall only have one User Account at all times and any Tasks carried out by you shall be submitted using your own User Account. You must not at any time submit the same Tasks results submitted in your User Account in other User Accounts. We view such duplication seriously and shall immediately suspend or terminate your User Account once we are aware of such fraudulent misconduct without having to pay you for those Tasks submitted.
  4. In addition, and in connection with the use of your User Account, you acknowledge and agree that:
    1. You will not copy or distribute any part of the GigaGigs by Smart website or its images or its content in any medium without GigaGigs by Smart’s prior written authorisation failing you are in breach of our copyright and we reserve the right to take such appropriate action to protect our rights;
    2. You shall not use any automated system, including but not limited to, “robots,” “spiders,” “offline readers,” “scrapers,” etc., to access for any purpose without GigaGigs by Smart’s prior written approval;
    3. You shall not in any manual or automated manner collect other Users’ information or information regarding the Tasks, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate the GigaGigs by Smart App or GigaGigs by Smart website information or content, including but not limited to, use on a “mirrored”, competitive, or third party site;
    4. You shall not take any action that (i) unreasonably encumbers or, in GigaGigs by Smart’s sole discretion, may unreasonably encumber the GigaGigs by Smart App or GigaGigs by Smart website infrastructure; (ii) interferes or attempts to interfere with the proper working of the GigaGigs by Smart App or GigaGigs by Smart website or any third-party participation in the the GigaGigs by Smart App or GigaGigs by Smart website; or (iii) bypasses GigaGigs by Smart measures that are used to prevent or restrict access to the GigaGigs by Smart App or GigaGigs by Smart website; and
    5. You agree not to use the communication systems provided by the GigaGigs by Smart App or GigaGigs by Smart website for any commercial solicitation

 

Tasks

 GigaGigs by Smart App shall post Tasks available and by accepting any of the Tasks, you agree that you shall carry out the Tasks at your own risks, costs and expenses including but not limited to all telecommunications and internet charges. You will also be responsible for procuring or providing equipment that you may require in order to carry out any Tasks to its completion at your own costs and expenses and you shall be further responsible for the maintenance, servicing, repairs or alterations required in respect of any such equipment used or to be used in carrying out the

  1. Accordingly, you are advised to take the necessary precaution as GigaGigs by Smart does not provide insurance on your behalf nor will we be held responsible nor assume liability for any personal loss or injury, or property loss or damage experienced during your completion of a Task. All individuals are responsible to obtain their own insurance or protection against risk and shall not hold GigaGigs by Smart app and/or GigaGigs Bhd. liable or responsible for any damage or loss suffered.
  2. GigaGigs by Smart reserves the right to terminate, suspend, remove or replace or alter any Tasks or any of its aspects posted without notice and without liability. You are, therefore, advised to check the availability and scope of the Tasks before
  3. By submitting your completed Tasks to GigaGigs by Smart, you hereby acknowledge, represent and warrant that –
    1. the contents submitted for the completed Tasks including but not limited images, photographs, text, images, video, sound, data and information (Submission Content) is relevant to the completed Tasks, are originals and have not been previously submitted to GigaGigs by Smart whether through your User Account or through another user’s account or to another third party;
    2. the Submission Content has been obtained legally and legitimately, no wrongdoing or actions capable of prosecution were committed in obtaining the Submission Content;
    3. the Submission Content are accurate and does not contain any misrepresentations or falsehoods that may damage the reputation of GigaGigs or third parties;
    4. the Submission Content does not contain and will not distribute any viruses or any other technologies that may harm GigaGigs by Smart or the GigaGigs by Smart App, or the interests or property of GigaGigs by Smart or other users of the GigaGigs by Smart
    5. GigaGigs by Smart is the owner of the Submission Content and accordingly GigaGigs by Smart has absolute right to deal with the Submission Content in whatsoever manner GigaGigs by Smart deems fit without reference to
  4. A completed Task as evidenced by the Submission Content (Completed Task) duly submitted in the manner instructed in the GigaGigs by Smart App or GigaGigs by Smart website is subject to GigaGigs by Smart’s
  5. GigaGigs by Smart reserves the right to review the Submission Content for accuracy, verification and quality control purposes, and to decide whether any part of the Submission Content is appropriate and complies with these terms and conditions or for any and all violations prior to approval of the Submission Content for any Tasks undertaken by you, the period for which may vary from Task to In other words, submission of a Completed Task alone does not automatically mean it has been accepted by GigaGigs by Smart and therefore does not automatically entitles you for payment in respect of the said submitted Completed Task.

 

Payment Terms 

  1. A Completed Task that is approved is entitled for payment or reward by GigaGigs by Smart, the amount and quantum of which varies from Task to Task and is subject to change at GigaGigs by Smart
  2. All Submission Content for Completed Tasks shall be submitted by 00:00 hours every Sunday for approval and if approved, processed for payment which shall be made within 14 working days from the date of approval but GigaGigs by Smart reserve the right to extend the period at their absolute discretion without liability to
  3. Payments made in respect of approved Completed Task is in USD
  4. Payment when credited into your bank account or rewards received in your User Account for any approved Completed Task will conclude GigaGigs by Smart’s obligations to you for that Completed Task and you shall thereafter have no further claims against GigaGigs by Smart in respect of the said paid or rewarded Completed
  5. It is your sole responsibility to request for the amount earned to be withdrawn within a timely manner. Minimum withdrawal request is
  6. It is your sole responsibility to supply to us and maintain accurate SmartLuy account details for payment purposes failing which we shall not be held liable to you in any manner whatsoever if GigaGigs by Smart is unable to pay you for approved Completed Task owing to incomplete or inaccurate bank account
  7. You shall not assign or transfer payment or reward due or payable to you for any approved Completed Task to any third parties and any such requests for third party payments shall automatically be
  8. Notwithstanding the generality of the foregoing provisions, please note that GigaGigs by Smart reserves the right to withhold or deny payment for approved Completed Tasks if GigaGigs by Smart becomes aware that the submitted Completed Task was obtained in violation of or in breach of these terms and conditions including but not limited to instances where GigaGigs by Smart suspects duplication of submitted Completed Task or
  9. Your reward will be forfeited and gone in 180 days if you did not withdraw your reward to your SmartLuy account. 180 days is defined started from the first reward that is approved and reflected in your GigaGigs by Smart
  10. As you are not the employee of GigaGigs by Smart, we do not withhold any tax (or any other related tax implication) on your earnings. It is your sole responsibility to declare any income earned to the Government Tax authority via GigaGigs by Smart and GigaGigs by Smart will hold no responsibility in any dispute between you and Government Tax
  11. In the event when Government Tax Authority request for any information regarding your earned income via GigaGigs Sdn Bhd, we will fully corporate and compliant with Government Tax Authority to provide any information as

 

Termination and Suspension 

  1. GigaGigs by Smart reserves the rights to terminate or suspend your usage of or access to our GigaGigs by Smart App/website and/or deactivate your User Account in the event we believe you have:
    1. You breach any terms and conditions of this
    2. We are unable to authenticate any information or Submission Content you provide to us.
    3. We suspect that you have been fraudulent while performing Tasks for GigaGigs by Smart or in the provision of the Submission Content
    4. We note that your User Account has been inactive for long periods;
  1. By sending you a notification email to the last email address provided by you and such notification is deemed delivered when sent by us. Upon termination, the following shall occur:
    1. Your right to participate further in the GigaGigs by Smart App in anyway shall automatically cease;
    2. Your User Account would be disabled immediately and you would not be able to access your User Account or any of its file, data or contents but GigaGigs by Smart reserves the right to maintain any of your files or data or contents in our system and to use the same without the obligation to return the same to you;
    3. All licenses for access or usage previously granted to you as a user shall immediately cease;

 

This agreement shall still be enforceable against you after termination, until you have ceased all access and usage of our GigaGigs by Smart App and/or its website. All terms and conditions contained herein favouring GigaGigs by Smart and which by nature should survive the termination of this agreement shall continue in full force effect.

 

Eligibility and Representations 

  1. The GigaGigs by Smart App may only be used freely by individuals of 18 years of age and above. Individuals below the age of 18 years must obtain the consent of the individual’s parents or legal guardian before using our services. Individuals of 12 years of age and below are not eligible to be registered as a member of GigaGigs by Smart. By signing up you represent and warrant that you meet this requirement and by using the GigaGigs by Smart App and participating in the Tasks, you further represent, warrant and undertake that you do not violate any applicable law or regulations which you are subject
  2. By the virtue of signing up at our GigaGigs by Smart App, you agree that we may obtain your personal information including and without limitation to your name, contact details, identification number, credit information, banking information and/or references subject to the provisions of our Privacy

 

Disclaimer & Indemnities 

  1. GigaGigs by Smart app and GigaGigs Sdn Bhd will perform their best to protect the privacy and data exchange from misrepresentation, third party abuse, or internal hacking; but shall not be liable or claims no admission to liability in the event of any damage or loss occurring to
  2. By posting and making available Tasks to you and other users of the GigaGigs by Smart App or GigaGigs by Smart website, GigaGigs by Smart does not in any manner vouch, warrant nor endorse the products or services which are the subject-matter of the Tasks or the producer of such products or provider of such services, whether its safety, quality, reliability, integrity, legality or
  3. You expressly acknowledge and agree that the use of the GigaGigs by Smart App or GigaGigs by Smart website and the performance of Tasks is at your sole risk. GigaGigs, its officers, directors, employees and agents make no warranties and/or representations and disclaim all warranties, representations and/or conditions whether express or implied and/or liability arising or resulting from or under and in connection with the GigaGigs by Smart App and GigaGigs by Smart website, and from your use or inability to use thereof including but not limited to:
    1. the accuracy, completeness, merchantability, satisfactory quality, uninterrupted or error-free service or operation of the GigaGigs by Smart App or GigaGigs by Smart website;
    2. any errors, mistakes, omissions or inaccuracies in any material, content, message, transmission or act, whether posted, emailed, transmitted, submitted, advertised, offered or otherwise made available in the GigaGigs by Smart App or GigaGigs by Smart website;
    3. any unauthorized access to or use of the GigaGigs by Smart App or GigaGigs by Smart website or GigaGigs by Smart’s servers, data or information;
    4. any cessation, termination or disturbance of transmission to or from the GigaGigs by Smart App or GigaGigs by Smart website;
    5. any computer viruses, worms, trojan horses or other malware or by trespass or burdening network capacity whether transmitted to or through the GigaGigs by Smart App or GigaGigs by Smart website whether due to the actions of any third parties or otherwise;
    6. any harassment, abuse, stalking, threatening, defamatory, offensive, infringing, violating or illegal submission, material, content, message, transmission or act by any other user of the GigaGigs by Smart App or website or
  1. You agree to indemnify and hold harmless to the fullest extent allowed by law, GigaGigs by Smart, its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and/or expenses of any nature whatsoever arising from your use of the GigaGigs by Smart App or GigaGigs by Smart website, performance of Tasks your breach and/or violation of any term of these terms of use, your breach and/or violation of any third party right of any nature whatsoever, including but not limited to copyright, intellectual property, property and/or privacy

 

Intellectual Property Rights 

  1. GigaGigs Sdn. Bhd. owns and retains ownership of the GigaGigs by Smart App and the GigaGigs by Smart website including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (Data) and the trademarks, service marks and logos contained therein (Marks) are owned by GigaGigs by Smart all of which are subject to copyright and other intellectual property rights under Malaysian laws, other applicable laws and international conventions. Such Data and/or Marks are or may become protected by copyright, trademark, patent, trade secret and other laws, and GigaGigs by Smart owns and retains all rights in such Data and
  2. Contingent upon your compliance with the terms and conditions of this agreement, GigaGigs by Smart hereby grants you a limited, non-transferable, non-exlcusive, non-assignable, revocable license to use the GigaGigs by Smart App on your mobile device that you own or control and to access the GigaGigs by Smart website, as permitted by these terms and conditions provided that:
    1. you will not copy, distribute, or make derivative works of the GigaGigs by Smart App or the GigaGigs by Smart website in any medium without GigaGigs by Smart’s prior written consent;
    2. you will not alter or modify any part of the GigaGigs by Smart App or GigaGigs by Smart website other than as may be reasonably necessary to use the GigaGigs by Smart App or GigaGigs by Smart website for its intended purposes;
    3. you agree not to circumvent, disable or otherwise interfere with security features of the GigaGigs by Smart App and/or GigaGigs by Smart website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the GigaGigs by Smart App or the GigaGigs by Smart website or the Data therein;
    4. you will otherwise act in accordance with these terms and conditions, and with all applicable laws and
  3. This license does not allow you to use the GigaGigs by Smart App on any mobile device that you do not own or You shall not distribute, make available over a network where it could be used by multiple devices simultaneously, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative versions of GigaGigs by Smart App. Any attempt to do so is a violation of the rights of GigaGigs by Smart and may be subject to prosecution against damages and immediate termination/suspension of your User Account.
  4. You represent and warrant that you are the sole author of the personal and other information provided by you to our GigaGigs by Smart App, and as such have the right to grant GigaGigs by Smart and GigaGigs Bhd. a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable right to exercise the copyright, publicity, and database rights you have in your information and your content, and to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any media now known or not currently known, with respect to your information. In the event that you choose to remove the content of your information, you acknowledge that GigaGigs by Smart may retain archived copies of your information as required by law or for other legitimate business purposes.
  5. Data on the GigaGigs by Smart website or the GigaGigs by Smart App and in relation to Tasks is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of GigaGigs by Smart failing which GigaGigs by Smart is entitled to take appropriate action to preserve and/or enforce its
  6. Materials and information collected while performing Tasks on our GigaGigs by Smart App and the Submission Content are property of GigaGigs by Smart. and you shall not share or use or misuse the same for any other

 

Communications and Social Media 

  1. Emails and text messages sent by GigaGigs by Smart are meant to make your experience as a User more efficient. By signing up, you agree to receive these emails and text messages from us, among other methods of
  2. As part of the functionality of GigaGigs by Smart platform, you may be able to login through your online social media accounts thereby allowing GigaGigs access to your social media account or accounts, as permitted under the applicable terms and conditions that govern your use of the social media
  3. GigaGigs by Smart is entitled to access, make available and store any content that you have provided and stored in the social media account so that it reflects on our GigaGigs by Smart platform via your

 

No Agency or Partnership

You hereby acknowledge that your usage of the GigaGigs by Smart App and the performance of the Tasks does not in any way creates an agency, partnership, joint-venture or employment with GigaGigs by Smart and you do not have any authority whatsoever to bind GigaGigs by Smart in any respect nor does GigaGigs by Smart at any time assume any obligations towards you in that respect.

 

Governing Law

These terms and conditions shall be governed by the laws of Malaysia and you agree to submit to the jurisdiction of the courts of Malaysia in the event of any claims or disputes.

It is your sole responsibility to declare any income earned via GigaGigs Sdn Bhd to the relevant Government Tax Authority.