Terms of Service

Terms of Service

Awfa Technologies Sdn Bhd Terms of Service

1. Your relationship with Awfa Technologies Sdn Bhd (Awfatech)

1.1. Your use of Awfatech products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Awfatech under a separate written agreement) is subject to the terms of a legal agreement between you and Awfatech. “Awfatech” means Awfa Technologies Sdn Bhd, whose the Owner IP Right of product call SERVICE which principal place of business is at No 5-1, Jalan USJ 1/1A, Regalia Business Center, 47600 Subang Jaya, Selangor, Malaysia. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

1.2. Unless otherwise agreed in writing with Awfatech, your agreement with Awfatech will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.

1.3. Your agreement with Awfatech will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

1.4. The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Awfatech in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.

1.5. If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:

(A) By actually using the Services. In this case, you understand and agree that Awfatech will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Awfatech, or (b) you are a person barred from receiving the Services under the laws of the Malaysia or other countries including the country in which you are resident or from which you use the Services.

3. Provision of the Services by Awfatech

3.1 Awfatech is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Awfatech provides may change from time to time without prior notice to you.

3.2 As part of this continuing innovation, you acknowledge and agree that Awfatech may stop (permanently or temporarily) providing the old Services (or any features within the Services) to you and in due time Awfatech will solely migrate to new Services/Features.

3.3 You acknowledge and agree that if Awfatech disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

4. Use of the Services by you

4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Awfatech will always be accurate, correct and up to date.

4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Awfatech, unless you have been specifically allowed to do so in a separate agreement with Awfatech. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).

4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

4.5 You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

4.6 You agree that you are solely responsible for (and that Awfatech has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Awfatech may suffer) of any such breach.

5. Your passwords and account security

5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

5.2 Accordingly, you agree that you will be solely responsible to Awfatech for all activities that occur under your account.

5.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Awfatech immediately at: support@awfatech.com

6. Privacy and your personal information

6.1 For information about Awfatech data protection practices, please read Awfatech privacy policy at this policy explains how Awfatech treats your personal information, and protects your privacy, when you use the Services.

6.2 You agree to the use of your data in accordance with Awfatech privacy policies.

7. Content in the Services

7.1 You understand that all information (such as data files, written text) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

7.2 You agree that you are solely responsible for (and that Awfatech has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Awfatech may suffer) by doing so.

8. Proprietary rights

8.1 You acknowledge and agree that Awfatech (or Awfatech licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Awfatech and that you shall not disclose such information without Awfatech prior written consent.

8.2 Unless you have agreed otherwise in writing with Awfatech nothing in the Terms gives you a right to use any of Awfatech trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

8.3 Other than the limited license set forth in Section 10, Awfatech acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Awfatech, you agree that you are responsible for protecting and enforcing those rights and that Awfatech has no obligation to do so on your behalf.

8.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

8.5 Unless you have been expressly authorized to do so in writing by Awfatech, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

9. License from Awfatech

9.1 Awfatech gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Awfatech as part of the Services  (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Awfatech, in the manner permitted by the Terms.

9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Awfatech, in writing.

9.3 Unless Awfatech has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

10. Content license from you

10.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Awfatech perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Awfatech to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

10.2 You agree that this license includes a right for Awfatech to make such Content available to other companies, organizations or individuals with whom Awfatech has relationships, and to use such Content in connection with the provision of those services.

10.3 You understand that Awfatech, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Awfatech to take these actions.

10.4 You confirm and warrant to Awfatech that you have all the rights, power and authority necessary to grant the above license.

11. Software updates

11.1 The Software which you use may automatically download and install updates from time to time from Awfatech. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Awfatech to deliver these to you) as part of your use of the Services.

12. Ending your relationship with Awfatech

12.1 The Terms will continue to apply until terminated by either you or Awfatech as stated below by giving sixty (60) days’ notice period.

12.2 Your notice should be sent, in writing, or email to Awfatech address which is set out at the beginning of these Terms.

12.3 Awfatech may at any time, terminate its legal agreement with you if:

(A) You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(B) Awfatech is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) Awfatech is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

12.4 Nothing in this Section shall affect Awfatech rights regarding provision of Services under Section 3 of the Terms.

12.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Awfatech have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 18.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

13. Exclusion of warranties

13.1 Nothing in these terms, including sections 13 and 14, shall exclude or limit Awfatech warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

13.2 You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and “as available.”

13.3 In particular, Awfatech, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

(a) Your use of the services will meet your requirements,

(b) Your use of the services will be uninterrupted, timely, secure or free from error,

(c) Any information obtained by you as a result of your use of the services will be accurate or reliable, and

(d) That defects in the operation or functionality of any software provided to you as part of the services will be corrected.

13.4 Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

13.5 No advice or information, whether oral or written, obtained by you from Awfatech or through or from the services shall create any warranty not expressly stated in the terms.

13.6 Awfatech further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

14. Limitation of liability

14.1 Subject to overall provision in paragraph 13.1 above, you expressly understand and agree that Awfatech, its subsidiaries and affiliates, and its licensors shall not be liable to you for:

(a) Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;

(b) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:

(i) Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;

(ii) Any changes which Awfatech may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);

(iii) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;

(iii) Your failure to provide Awfatech with accurate account information;

(iv) Your failure to keep your password or account details secure and confidential;

14.2 The limitations on Awfatech liability to you in paragraph 14.1 above shall apply whether or not Awfatech has been advised of or should have been aware of the possibility of any such losses arising.

15. Copyright and trade mark policies

15.1 It is Awfatech policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.

16. Other content

16.1 The Services may include hyperlinks to other web sites or content or resources. Awfatech may have no control over any web sites or resources which are provided by companies or persons other than Awfatech.

16.2 You acknowledge and agree that Awfatech is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

16.3 You acknowledge and agree that Awfatech is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

17. Changes to the Terms

17.1 Awfatech may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Awfatech will make a new copy of the Universal Terms available at and any new Additional Terms will be made available to you from within, or through, the affected Services.

17.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Awfatech will treat your use as acceptance of the updated Universal Terms or Additional Terms.

18. General legal terms

18.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

18.2 The Terms constitute the whole legal agreement between you and Awfatech and govern your use of the Services (but excluding any services which Awfatech may provide to you under a separate written agreement), and completely replace any prior agreements between you and Awfatech in relation to the Services.

18.3 You agree that Awfatech may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

18.4 You agree that if Awfatech does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Awfatech has the benefit of under any applicable law), this will not be taken to be a formal waiver of Awfatech rights and that those rights or remedies will still be available to Awfatech.

18.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

18.6 You acknowledge and agree that each member of the group of companies of which Awfatech is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

18.7 The Terms, and your relationship with Awfatech under the Terms, shall be governed by the laws of the without regard to its conflict of law’s provisions. You and Awfatech agree to submit to the exclusive jurisdiction of the courts located within the county of to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Awfatech shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.