23. Delivery of Digital Products or Services

23.1 Where the Platform delivers digital content or services, delivery shall be deemed completed when:

• access credentials are issued; or
• service capabilities are activated; or
• download becomes available.

23.2 Users are responsible for ensuring:

• internet connectivity;
• device compatibility;
• sufficient storage space.

23.3 Winngoo shall not be liable for:

• user device malfunction;
• deleted or lost downloaded items;
• third-party software conflicts.

24. Customer Support, Enquiries and Complaint Handling

24.1 Winngoo provides customer support channels which may include:

• email support;
• online helpdesk;
• chat assistance;
• FAQ and guidance materials.

24.2 Users may lodge complaints relating to:

• account issues;
• billing disputes;
• service quality concerns;
• alleged policy breaches.

24.3 Complaints will be:

a. acknowledged within a reasonable period;
b. investigated fairly;
c. resolved where practicable in accordance with internal procedures.

24.4 Where disputes cannot be resolved internally, Users retain the right to pursue:

• mediation;
• arbitration;
• legal remedies under Malaysian law.

25. Personal Data Protection and Privacy Compliance (PDPA 2010)

25.1 Winngoo is committed to compliance with the Personal Data Protection Act 2010 (PDPA) of Malaysia.

25.2 By using the Platform, the User consents to:

• collection;
• processing;
• storage;
• disclosure;
of personal data for legitimate purposes connected with the operation of the Platform.

25.3 Personal data collected may include:

• name;
• contact details;
• device information;
• transactional data;
• location data (where permitted);
• communications with the Platform.

25.4 Personal data may be used for:

a. account creation and management;
b. transaction processing;
c. customer service;
d. security and fraud prevention;
e. legal compliance;
f. analytics and service improvement.

25.5 Winngoo may transfer or store data outside Malaysia subject to safeguards consistent with PDPA obligations.

26. User Rights under PDPA

26.1 Subject to PDPA, Users have the right to:

• access personal data held about them;
• request correction of inaccurate data;
• withdraw consent to processing (subject to contractual obligations);
• restrict certain forms of direct marketing.

26.2 Requests must be made in writing and accompanied by proof of identity.

26.3 Withdrawal of consent may result in:

• restriction of services;
• account deactivation;
• inability to continue certain transactions.

27. Cookies, Tracking Technologies and Analytics

27.1 The Platform may use cookies and similar technologies to:

• enhance user experience;
• remember preferences;
• measure performance;
• perform analytics.

27.2 Users may control cookies through browser settings; however, disabling cookies may affect platform functionality.

27.3 By continuing to use the Platform, the User consents to such technologies consistent with the Cookie Policy.

28. Confidential Information

28.1 “Confidential Information” includes:

• business plans;
• technical data;
• user lists;
• algorithms;
• internal communications;
• non-public platform information.

28.2 Users agree not to:

a. disclose Confidential Information to third parties;
b. exploit such information for competitive purposes;
c. misuse information obtained through the Platform.

28.3 This obligation survives termination of the Agreement.

29. Security Measures and User Cooperation

29.1 Winngoo implements reasonable security measures to protect:

• platform integrity;
• user accounts;
• transaction data.

29.2 Users must:

• cooperate with security checks;
• update software;
• use strong passwords;
• report suspicious activities promptly.

29.3 Winngoo does not guarantee that the Platform is free from:

• viruses;
• malware;
• unauthorised intrusions;
and Users access the Platform at their own risk.

30. Reporting Abuse, Illegal Activity or Policy Violations

30.1 Users may report abuse via designated channels.

30.2 Winngoo may investigate complaints and take actions including:

• warning notices;
• content removal;
• account suspension;
• reporting to authorities.

30.3 Winngoo reserves the right to act on reasonable suspicion even without user complaints.

31. Suspension, Limitation and Termination of Access

31.1 Winngoo may suspend or terminate a User Account where:

1. policy violations occur;
2. unlawful activity is suspected;
3. chargebacks or payment fraud is detected;
4. inaccurate or misleading information is provided;
5. platform integrity or other users’ safety is at risk.

31.2 Suspension may be temporary or permanent depending on severity.

31.3 Upon termination:

• access rights cease;
• stored data may be deleted subject to retention laws;
• outstanding obligations survive termination.

32. Consequences of Termination

32.1 Following termination:

• licences granted to the User shall immediately cease;
• Winngoo may deny further access without liability;
• fees paid are non-refundable unless required by law.

32.2 Termination does not affect accrued rights or liabilities prior to termination.

33. Record Retention and Archiving

33.1 Winngoo may retain:

• account records;
• transaction data;
• communications;

for periods required by Malaysian law, taxation requirements or regulatory guidelines.

33.2 After expiry of retention periods, data may be anonymised or securely deleted.

34. Limitation of Liability

34.1 To the maximum extent permitted by Malaysian law, Winngoo shall not be liable for:

1. indirect, incidental, punitive or consequential losses;
2. loss of profits, revenue, goodwill or data;
3. business interruption;
4. reliance on content or information from the Platform.

34.2 Where liability cannot be excluded, it shall be limited to:

• the amount paid by the User for the relevant service; or
• a reasonable amount determined by law.

35. Indemnity and Hold Harmless

35.1 The User agrees to indemnify Winngoo against all claims, damages, penalties and costs arising from:

1. breach of these Terms;
2. violation of law;
3. misuse of the Platform;

4. infringement of third-party rights.

   36. Disclaimer of Warranties

   36.1 The Platform is provided on an “as is” and “as available” basis.

   36.2 Winngoo expressly disclaims all warranties, whether express or implied, including:

   • merchantability;
   • fitness for particular purpose;
   • non-infringement;
   • accuracy or completeness of information.

   37. Force Majeure

   37.1 Winngoo shall not be liable for failure or delay caused by events beyond reasonable control including:

   • natural disasters;
   • strikes or labour disputes;
   • power failures;
   • telecommunications outages;
   • governmental restrictions;
   • epidemics or pandemics.

   38. Anti-Money Laundering and Counter-Terrorism Financing

   38.1 Winngoo supports compliance with Malaysian anti-money laundering and counter-terrorism financing laws.

   38.2 Winngoo may:

   • conduct identity verification checks;
   • monitor suspicious transactions;
   • report activities to authorities as required by law.

   39. Dispute Resolution and Governing Law

   39.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia, without regard to conflict-of-law principles.

   39.2 In the event of any dispute, controversy or claim arising out of or relating to:

   • the use of the Platform;
   • interpretation of these Terms;
   • performance or breach of obligations;
   • validity or termination of this Agreement;

   the Parties shall first attempt to resolve the matter amicably through negotiations.

   39.3 If the dispute is not resolved within a reasonable period, either Party may refer the dispute to mediation administered by a recognised mediation institution in Malaysia.

   39.4 If mediation fails, the dispute shall be finally referred to arbitration in Kuala Lumpur, Malaysia:

   • seat of arbitration: Kuala Lumpur, Malaysia;
   • language: English;
   • one arbitrator unless otherwise agreed.

   39.5 Nothing in this clause prevents either Party from seeking interim, injunctive, or urgent court relief where necessary to prevent irreparable harm.

   40. Jurisdiction

   40.1 The courts of Malaysia shall have exclusive jurisdiction over judicial proceedings relating to these Terms.

   40.2 Users accessing the Platform from outside Malaysia are responsible for ensuring compliance with local laws applicable in their jurisdiction.

   41. Notice and Grievance Redressal Mechanism

   41.1 Winngoo shall designate a Grievance Officer or Customer Relations Officer for handling:

   • complaints;
   • user grievances;
   • data protection concerns;
   • policy violation reports.

   41.2 Users may submit grievances in writing, providing:

   • full name and contact details;
   • description of grievance;
   • supporting evidence, if any;
   • account identification details.

   41.3 The Company shall:

   1. acknowledge receipt within a reasonable time;
   2. review and investigate the matter;
   3. provide a response or decision;
   4. take corrective measures where appropriate.

   41.4 Failure to use this grievance mechanism shall not preclude the User’s right to seek other remedies under law.

   42. Third-Party Services and Integrations

   42.1 The Platform may integrate with or rely upon third-party:

   • APIs;
   • payment gateways;
   • authentication services;
   • analytics platforms;
   • cloud hosting providers.

   42.2 Such third-party services are subject to their own terms and privacy policies.

   42.3 Winngoo:

   • does not control third-party systems;
   • is not responsible for their availability or performance;
   • shall not be liable for loss arising out of their failure or malfunction.

   42.4 Continued use of the Platform signifies consent to usage of such third-party integrations where required for service delivery.

   43. Electronic Contracting and Records

   43.1 By accessing or using the Platform, the User acknowledges that:

   • consent;
   • agreements;
   • acceptances;
   • instructions;

   may be communicated electronically.

   43.2 The User agrees that:

   • clicking “accept”, “agree”, or similar action constitutes a legally binding electronic signature;
   • electronic records maintained by Winngoo shall be admissible as evidence.

   43.3 The User waives any objection to:

   • admissibility of electronic documents;
   • enforceability of electronically executed agreements.

   44. Language

   44.1 These Terms are drafted in the English language.

   44.2 Translations may be provided for convenience; however:

   • in the event of inconsistency;
   • ambiguity or conflict;

   the English version shall prevail.

   45. Updates, Modifications and Variations of Terms

   45.1 Winngoo reserves the right to:

   • amend;
   • modify;
   • update;
   • replace;

   these Terms at any time.

   45.2 Changes may be necessary due to:

   • legal developments;
   • regulatory requirements;
   • operational changes;
   • introduction of new features;
   • business restructuring.

   45.3 Updated Terms shall become effective upon:

   • posting on the Platform; or
   • notification to Users,

   whichever occurs first.

   45.4 Continued use of the Platform after changes constitutes acceptance of the revised Terms.

   46. No Waiver

   46.1 Failure or delay by Winngoo to enforce any right or provision shall not operate as a waiver.

   46.2 A waiver shall only be valid if:

   • it is in writing; and
   • signed or issued by an authorised representative of Winngoo.

   46.3 Any waiver shall apply only to the specific instance and not to future breaches.

   47. Relationship Between Parties

   47.1 Nothing in this Agreement shall be construed to create:

   • partnership;
   • joint venture;
   • employer–employee relationship;
   • agency or fiduciary relationship.

   47.2 Users act as independent parties and shall not:

   • represent themselves as authorised agents of Winngoo;
   • bind Winngoo contractually without prior written consent.

   48. Notices and Contact Information

   48.1 Official notices to Winngoo shall be sent to the designated contact address or email as published on the Platform from time to time.

   48.2 Notices to Users may be provided through:

   • registered email;
   • in-app notification;
   • SMS;
   • posting on the website.

   48.3 Notices shall be deemed received:

   • when transmitted (for electronic communications);
   • within a reasonable delivery period (for physical mail).

   49. Survival of Provisions

   49.1 The following provisions shall survive termination of this Agreement:

   • confidentiality obligations;
   • limitation of liability;
   • intellectual property rights;
   • dispute resolution clauses;
   • indemnity provisions;
   • record retention clauses.

   49.2 Termination does not relieve either party of obligations incurred prior to termination.

   50. Interpretation

   50.1 Headings and titles are for convenience only and shall not affect interpretation.

   50.2 Words in the singular include the plural and vice versa.

   50.3 References to statutes include:

   • amendments;
   • re-enactments;
   • subsidiary legislation,

   unless the context indicates otherwise.