BizOn Terms and Conditions of Service
This Agreement (the “Agreement” or “Terms and Conditions of Service”) is made and entered into by the person or entity (“you”, “your”, or “user”) who registers with Bizon Technologies Sdn. Bhd. (a Malaysian private limited company doing business as “BizOn”) to have access to and use of websites, services, products and applications (collectively, the “BizOn”). This Agreement, together with any amendments, order forms, and any additional agreements is a legally binding contract that is entered into these Terms and Conditions of Service apply to all visitors, users and others who access or use BizOn.
Acceptance of Terms and Conditions of Service
By registering with us or accessing or using BizOn in any way made available by BizOn, you, are indicating your acceptance of this Agreement and your agreement to abide by the Terms and Conditions and all other rules, policies and procedures that are published on the website. This Agreement contains the terms and conditions that govern the use of, and the terms and conditions upon which BizOn will provide to you, certain electronic invoice processing and related services (collectively the “Service”), which is provided through BizOn’s online software application and website operated by BizOn.
This Agreement is effective as of the date you accept the Agreement as part of your online subscription process.
Modifications to Terms and Conditions of Service
We reserve the right, at our sole discretion, to make modifications to any portion of the Agreement in whole or in part, at any time without giving you prior notice. Your use of the Services following any such modification constitutes your acceptance to be bound by the Agreement as modified.
You agree that we shall not be liable to you or to any third party for any modifications to the Terms and Conditions of Service. If you do not wish to continue using BizOn under the new version of the Agreement, you may choose to terminate the Agreement. Continued usage of BizOn shall be deemed unconditional acceptance.
The information, material and content provided in the pages of BizOn (the “Information”) is believed to be reliable when posted, but there is no guarantee that it is accurate, complete or current at all times.
You may access and use BizOn only in compliance with these Terms and Conditions of Service and meet your payment obligations. You must use BizOn in a lawful manner and you must adhere to all applicable laws, rules and regulations. You may not use the Service on a professional basis for anyone other than you.
We may suspend or stop providing BizOn to you if you do not comply with our Terms and Conditions of Service and if your actions constitute in any way to be unauthorised, fraudulent, or for illegal purpose.
You are responsible for all activities that occur under your Account, regardless of whether the activities are undertaken by you, your employees or a third party and, except to the extent caused by our breach of this Agreement, we and our affiliates are not responsible to you or any third party for unauthorised access to and use of your Account.
You agree not to:
- use the Service other than within the Terms and Conditions of Service in this Agreement;
- copy any content contained therein;
- attempt to reverse engineer, de-compile, disassemble the underlying software or application that is part of the Service to discover the source code of BizOn;
- access BizOn for purposes to monitor functionality, performance, benchmarking or competitive purposes to build a competitive product or service, or copy any features, functions or graphics of BizOn; or
- use any software or device that interferes with any function, application, or use of the Service, or is intended to detrimentally interfere with, expropriate any system data, or communication or surreptitiously intercept;
- authorize any third parties to perform any of the above;
- Sublicense, timeshare or resell the Service with any third party.
You must register and create a BizOn User account (the “Account”) to access and use BizOn. The registration process requires you to provide complete, accurate and current details about you that we require to register your Account. You agree to keep the information in your Account updated.
You will be requested to identify a username and password that will be used to set up the Account. You must ensure that the username and password required to access and use BizOn are kept secure and confidential. In the event of breach of security, you must immediately notify BizOn of any unauthorised use of your username or password.
You acknowledge and agree to consent that we may use the details submitted by you to verify any other information you provide to us. You acknowledge and consent to our personnel logging in to BizOn under your Account in order to maintain BizOn or to provide assistance with technical or billing issues.
We may make all or part of BizOn available to you on a free of charge basis (the “Basic Option”). The Basic Option shall begin when you submit a registration for the same to us, and shall terminate:
- when the Basic Option is no longer available or offered by BizOn;
- the date you purchase a paid subscription under this Agreement.
ACCESS TO BIZON IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND FOR THE BASIC OPTION.
We shall make BizOn available to you pursuant to this Agreement during the Term (the “Subscription”).
Payments and Fees
The pricing information and schedule of fees (the “Fees”) that you are obligated to pay are available on the website. The Fees paid are non-refundable or negotiable. Unless otherwise provided for, paid subscriptions will be billed in advance on a monthly, quarterly or annual basis. A valid credit card, bank account or any other form of payment that you have the right to use is required for any paid subscription, unless another form of payment is permitted by us.
BizOn reserves the right to change the schedule of fees from time to time. You will be notified of any change in fees at least 30 days in advance of the effective date. If the fees increase or change to this Agreement is not acceptable, you may cancel the Service as provided herein prior to the time when it takes effect. Your continued use of the Service constitutes your agreement to those changes. If BizOn is unable to collect fees due because of insufficient funds in your Bank Account or for any other reason, you must pay the amount due immediately upon demand, plus any applicable exceptions processing fees, bank fees or charges for return items. In addition, BizOn may suspend the Service or terminate this Agreement and avail itself of any other available remedy. BizOn also reserves the right to make any appropriate reports to credit reporting agencies, financial institutions, statutory bodies and polis, and cooperate with them in any resulting investigation or prosecution.
We will provide support via email only in connection with a paid subscription using BizOn subject to the conditions and procedures as we may determine from time to time at our sole discretion.
Changes to BizOn
We may continue to revise, modify or improve BizOn over time as more features are introduced. We may suspend, modify or stop BizOn at any time without prior notice to you. We may also remove any content (including your Client Data) from BizOn at our sole discretion. We also may impose restrictions on the usage for BizOn (due to security issues or if we reasonably suspect misuse of BizOn) as we, in our sole discretion, determine to be applicable and appropriate.
BizOn Intellectual Proprietary Rights
All intellectual property rights relating to the provision of support are owned or licensed by us. Except for the subscription granted hereunder, nothing in this Agreement gives you any right, title or interest to BizOn or related support. We grant you a non-exclusive and non-transferable licence to electronically access and use BizOn only in the manner described in this Agreement.
Comments or suggestions about improvements to BizOn or any other component of our products or services (“Feedback”), provided to us by you are without any restrictions on our use of it. You also agree that we have no fiduciary or any other obligation to you in connection with any Feedback you submit to us, and that we are free to use your Feedback without any compensation and obligation to you.
Term and Termination
This Agreement is effective upon the date you first access or use BizOn and it will continue to apply to you until terminated by either you or us.
We may suspend your access to use BizOn or terminate the Agreement without liability at any time, including in the event of:
- your actual or suspected unauthorised or prohibited use of BizOn;
- failure to comply with the terms, conditions and provisions of the Agreement;
- any requirement by law or a regulatory or government body;
- protecting our service, network or our users.
- BizOn enter into compulsory or voluntary liquidation; or
- a receiver or manager or an administrator appointed.
BizOn will have no liability for any costs, losses, damages, or liabilities arising out of or related to BizOn’s termination of this Agreement. You agree to indemnify, defend and hold BizOn and its agents, contractors, services providers and affiliates (each, an “Indemnified Party”), harmless at all times against all liabilities, claims, demands, damages, losses, fines, judgments, disputes, costs, charges and expenses (including, without limitation, reasonable lawyer’s fees incurred in connection with such claims) made by you or others resulting from, arising out of or related to the suspension and termination.
Nothing under this Section shall be deemed as preventing us from seeking injunctive or other equitable relief from the courts as necessary to protect any of our proprietary interests. Except as otherwise provided in these Terms and Conditions of Service, all remedies are cumulative and in addition to (not in lieu of) any other remedies available is to at law or equity.
Effects of Termination
You acknowledge and agree that the perpetual licence granted by you in relation to Client Data, including feedback, is irrevocable and will therefore continue after expiry or termination of the Agreement for any reason.
If you or we terminate the Agreement, or if we suspend your access to BizOn, you agree that we shall have no liability or responsibility to you and we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
Clauses of the Agreement, either explicitly or by their nature, must remain in effect even after termination of the Agreement.
Warranties and Disclaimers
BIZON IS PROVIDED “AS IS”, AND TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER BIZON, ITS AFFILIATES, AGENTS, SUPPLIERS, NOR LICENSORS, MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGEMENT. BIZON MAKES NO REPRESENTATIONS ABOUT ANY CONTENT OR INFORMATION IN, OR FROM, A BIZON USER ACCOUNT.
We are not responsible for the appropriateness, legality of details, completeness, accuracy, or any other information posted by a user. We are not responsible for any loss or corruption of Client Data, harm to your computer system, or other harm that results from your access to or use of BizOn. We warrant that the performance relating to BizOn will be carried out in a competent and workmanlike manner and in accordance with applicable industry standards for similar types of services. However, you acknowledge and agree that your use of BizOn shall be at your sole risk.
We disclaim any and all warranties not expressly stated in the Agreement to the maximum extent permitted by law, including the implied warranties relating to satisfactory quality and fitness for a particular purpose. You are solely responsible for the suitability of the services chosen.
We do not warrant that BizOn will meet your requirements or that the operation of BizOn will be uninterrupted, error-free or completely secure. Further, we do not warrant that all errors in BizOn can or will be corrected.
You acknowledge that there are risks inherent in the connectivity involving the Internet that could result in the loss of your privacy and Client Data. We will not be responsible for any loss of or change in Client Data or inability to perform certain tasks resulting from your decision to downgrade your Subscription.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BIZON, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE,OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, ANY OTHER CAUSE OUTSIDE THE CONTROL OF BIZON OR ANY UNAUTHORISED OR UNFORESEEABLE ACTIONS OF THIRD PARTIES WHETHER OR NOT BIZON HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
To the fullest extent allowed by applicable law, you agree to indemnify and hold BizOn, its affiliates, officers, agents, employees, suppliers, licensors and partners harmless from and against any and all claims, liabilities, damages (“Claim”) (actual and consequential), losses and expenses (including reasonable attorneys’ fees) arising from or in any way related to any third party claims that result from:
- your breach of any provision of this Agreement;
- your use of BizOn;
- your employees, contractors, or agents are negligent or wilful misconduct; or
- contractual or other relationships between you and your customers.
In the event of such a Claim, we will attempt to provide notice of the Claim to the contact information we have for your Account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
In using BizOn, you provide us with information, files, and folders that you submit to us (together, “Client Data”). You, and not us, are responsible for maintaining and protecting all of your Client Data. We will not be liable for any loss or corruption of your Client Data, or for any costs or expenses associated with backing up or restoring any of your Client Data.
You retain full ownership of your Client Data, but you hereby grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute any and all Client Data in connection with providing BizOn to you and other permitted users.
This license also includes the right to modify or adapt your Client Data in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Client Data to conform and adapt that Client Data to any requirements or limitations of any networks, devices, services or media. You also expressly extend these rights to the third party service providers with whom we work to provide BizOn.
All Client Data in or on BizOn, whether publicly posted or privately transmitted by users, is the sole responsibility of the person who originated such Client Data. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Client Data or communications posted or endorse any opinions expressed. If you use or rely on any Client Data or materials posted via BizOn or obtained by you through BizOn, it is at your own risk. Under no circumstances will we be liable in any way for any Client Data, or any loss or damage of any kind incurred as a result of the use of any Client Data in BizOn.
You hereby consent to our use of your name and logo on our website for the purpose of marketing BizOn. We shall notify you of such usage prior to commencement of such use.
Third Party Links
We may reference or provide access to third-party services, products, and promotions that utilise, integrate, or provide ancillary services to BizOn (“Third-Party Links”). These Third-Party Links are provided for your convenience only and do not constitute our approval, endorsement, or recommendation of any such Third-Party Links for you.
Your access and usage of any Third-Party Links will be based on your own evaluation and at your own risk. You understand that your use of any Third-Party Links is not governed by this Agreement. If you decide to use a Third-Party Link, you will be responsible for reviewing, understanding and accepting the terms and conditions associated with its use.
Entire Agreement and Severability
These Terms and Conditions of Service will constitute the entire agreement between BizOn and you with respect to the subject matter contemplated herein, and supersede all oral statements and prior writings with respect to the subject matter contemplated herein.
If any provision of these Terms and Conditions of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that these Terms and Conditions of service shall otherwise remain in effect. No waiver shall be implied from conduct or failure to enforce or exercise rights under these Terms and Conditions of Service. Nor will any waiver be effective unless in writing signed by a duly authorized representative on behalf of the party claiming to have waived.
This Agreement represents the complete and exclusive understanding relating to the Agreement’s subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the subject matter covered by this Agreement.
We may provide notification electronically, whether these are required by law or are for marketing or other business related purposes, to you via email, or through posting of such notice on our website, as determined by us in our sole discretion.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
All Clauses of the Agreement which by their nature should survive termination of any agreement between you and us, will survive termination, including, without limitation, restrictions, accrued rights to payment, confidentiality obligations, intellectual property rights, warranty disclaimers, and limitations of liability.
The Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you without our written permission, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.
BizOn and user agree to comply with our respective obligations under the Malaysian Data Protection Act 2010 (the “Act”) as applicable to personal data that it controls or processes as part of, or in connection with, its use or provision of BizOn. Specifically, but without limitation, you must comply with the Act as it relates to obtaining consent and other requirements relating to personal data that you store or transfer using your system. You shall indemnify and keep BizOn indemnified and hold BizOn harmless at all times against any claim, loss, expense or liability suffered or incurred by BizOn arising from your wilful or negligent default of this provision.
Neither we nor you will be in breach of the Agreement if the failure to perform the obligation is caused by a condition that was beyond the party’s reasonable control, such as, natural disaster or significant Internet disturbance, or other events of a type for which precautions are not generally taken in the industry.
Nothing in this Agreement serves to establish a partnership, joint venture, or other agency relationship between you and us. The relationship between the parties is that of independent contractors.
The Agreement will be governed and construed in accordance with the substantive laws of Malaysia as applied to agreements entered into and to be performed entirely within Malaysia, without regard to its conflicts of law principles that would require application of law of a different jurisdiction.
All disputes, controversies or differences (“Dispute”) arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by reference to the Courts of Malaya.
The prevailing party will be entitled to recover its attorneys’ fees and costs in connection with such an action.
If you have any enquiries, concerns or comments that relate to our Agreement, please contact us at firstname.lastname@example.org.
- “Affiliate” means a subsidiary or holding company of BizOn either party to this Agreement and any subsidiary of such holding company (where “holding company” and “subsidiary” have the meanings set out in the Malaysian Companies Act 2016).
- “Client Data” means all information, data and other content provided by Customer in connection with its authorized use of the Service, including, without limitation, all data and information transmitted to the Service.
- “Documentation” means the then-current technical and functional information regarding the Services that is provided by BizOn to users in electronic or other form.
- “Fees” means the subscription fees and any other amounts due to BizOn and payable by you under this Agreement.
- “Order Form” means an order form referencing this Agreement that has been mutually agreed to and executed by the parties.
- “Services” means the services provided to you by BizOn pursuant to this Agreement.
- “Term” means the period of effectiveness of this Agreement as specified in Clause Term and Termination above.
Updated: March 27, 2019.