MOTOMARIN SDN BHD

MOBILE APPLICATION TERMS & CONDITIONS OF USE

Effective Date: [Insert Date]
Last Updated: [Insert Date]

This Mobile Application ("App") is owned and operated by Motomarin Sdn Bhd ("Motomarin", "we", "us", "our").

Motomarin Sdn Bhd owns, builds, manages, and operates:

  • X Park Malaysia
  • Ladang X

By downloading, accessing, or using this App, you agree to be bound by these Terms & Conditions, our Privacy Policy, and any related Waiver & Indemnity presented in-app.

If you do not agree, please do not use the App.

1. Purpose of the App

This App is designed to enhance user experience across X Park Malaysia and Ladang X, including but not limited to:

  • Park information and navigation
  • Digital tours and trails
  • Interactive games and learning experiences
  • Activity previews and participation guidance
  • Bookings, reservations, and promotions
  • Educational and experiential content
  • User engagement features

2. Eligibility

  • Users must be 18 years or older, or have parental / guardian consent
  • Parents or guardians are responsible for minors using the App
  • Users must provide accurate and truthful information

3. User Accounts

To access certain features, you may be required to register an account.

You agree to:

  • Maintain confidentiality of login credentials
  • Accept responsibility for all activities under your account
  • Notify Motomarin immediately of unauthorized use

Motomarin reserves the right to suspend or terminate accounts for misuse.

4. Acceptable Use

You agree NOT to:

  • Misuse, hack, reverse engineer, or disrupt the App
  • Manipulate games, scoring systems, or digital experiences
  • Upload false, harmful, or misleading content
  • Use the App for unlawful or commercial purposes without consent
  • Interfere with safety instructions, tours, or activity guidelines

5. Digital Games, Tours & Experiences

The App may include:

  • Park-based digital games
  • Educational trails
  • QR-based experiences
  • Interactive challenges
  • Reward or point-based features

You acknowledge that:

  • Games are for entertainment and engagement only
  • Results, scores, rewards, or achievements have no monetary value unless explicitly stated
  • Motomarin may modify, suspend, or remove any game or feature at any time

6. Bookings, Activities & Participation

Certain activities require:

  • Advance booking
  • Acceptance of a Waiver & Indemnity
  • Compliance with safety rules and staff instructions

Motomarin reserves the right to:

  • Refuse participation for safety reasons
  • Modify activities due to weather, safety, or operational needs
  • Remove users for unsafe or disruptive behaviour

7. Safety & Personal Responsibility

You acknowledge that:

  • Activities may involve physical movement, outdoor conditions, animals, equipment, or terrain
  • Participation is voluntary and at your own risk
  • You must comply with all safety signage and instructions

Separate Waiver & Indemnity acceptance is mandatory for activity participation.

8. Intellectual Property

All content in the App, including but not limited to:

  • Brand names
  • Logos
  • Trademarks
  • Text, graphics, videos
  • Audio, animations
  • App structure, UI/UX, games, and logic

are the exclusive intellectual property of Motomarin Sdn Bhd.

You may not:

  • Copy, reproduce, modify, distribute, or commercially exploit any content
  • Use X Park Malaysia or Ladang X branding without written permission

9. App Development & Ownership

All custom-developed elements of this App, including:

  • Source code
  • UI/UX
  • Databases
  • Game mechanics
  • User flows
  • Admin systems

are owned exclusively by Motomarin Sdn Bhd, unless otherwise agreed in writing.

Developers may not reuse or replicate proprietary designs or logic.

10. User Content

If you submit:

  • Photos
  • Videos
  • Reviews
  • Feedback
  • Comments

You grant Motomarin a royalty-free, worldwide, perpetual license to use such content for operational, marketing, and promotional purposes.

11. Data Protection (PDPA)

Personal data is collected and processed in accordance with the Personal Data Protection Act 2010 (Malaysia).

Please refer to our Privacy Policy for details on:

  • Data collection
  • Usage
  • Storage
  • Access and correction rights

12. Third-Party Services

The App may integrate third-party services such as:

  • Payment gateways
  • Maps
  • Analytics tools

Motomarin is not responsible for third-party service failures or content.

13. Limitation of Liability

To the fullest extent permitted by law:

  • Motomarin shall not be liable for indirect, incidental, or consequential losses
  • Liability is limited to the amount paid by the user (if any) within the last 12 months
  • Nothing excludes liability for proven gross negligence or wilful misconduct

14. Termination & Suspension

Motomarin reserves the right to:

  • Suspend or terminate access without notice
  • Remove accounts that breach these Terms
  • Restrict features for maintenance or security

15. Changes to Terms

Motomarin may update these Terms at any time. Continued use of the App constitutes acceptance of updated Terms.

16. Governing Law

These Terms are governed by the laws of Malaysia, and Malaysian courts shall have exclusive jurisdiction.

17. Contact Details

Motomarin Sdn Bhd
Email: [Insert Official Email]
Website: www.xparkmalaysia.com

In-App Acceptance (Mandatory)

☐ I agree to the Terms & Conditions
☐ I agree to the Privacy Policy
☐ I agree to the Waiver & Indemnity (for activities)