For a better tomorrow with accurahq

Terms and Conditions for accurahq.com by Consoci8 Sdn. Bhd.

1. GENERAL

a) Upon accepting these Terms, the Subscriber is confirming agreement to abide by such Terms. Such agreement shall be considered confirmed by the Subscriber when the Subscriber clicks the button with the text “I accept” on the company website. Clicking this button is a declaration of agreement by the Subscriber to abide by these Terms.

b) In compliance with these Terms, from the Effective Date, the Subscriber is granted a worldwide right to use the Services. Such right is non-exclusive and non-transferable, and is for the Subscriber’s internal business activities only. The right will remain effective for the duration of the Licence Term.

2. PROVISION OF SERVICES

a) Details of the Services provided for the Subscriber are set out in the Subscription page.

3. FEES AND CANCELLATION

a) Details of the subscription fee are set out in the Subscription page , and amounts owed by the Subscriber are to be paid to the Company monthly post paid.

b) The Company holds the entitlement to apply and charge interest on subscription fees with overdue amounts. Such interest may begin to accrue from the date such amount became overdue.

c) Should the Subscriber’s account fall into arrears, the Company retains the right to suspend indefinitely or Suspend the user account and prevent access to the Service. If a Subscriber’s account is suspended, the charges as set out by the subscription fee will continue to to the suspension date

4. OBLIGATIONS OF THE COMPANY

a) The Subscriber will need to register to get his admin login details. Such login details will enable the Subscriber to connect to the Services using the Internet without time or date limitation, as subject to the conditions set out in clause 4(d) below.

b) The Company is responsible for the provision of a user guide for use by the Subscriber. Such user guide will be made available for use by the Subscriber via the Company’s website or via email in case of the user contacted the Company.

c) The Company will take every reasonable step possible to ensure an uninterrupted server connection and to maintain other computer and operating system software in accordance with industry standards to provide the Subscriber with continuous access to fully-operational Services. Such access however may be unavailable during scheduled maintenance downtime or as a result of other interruptions beyond the Company’s control.

d) In order to maintain a fully-operational provision of the Services, the Company will undertake maintenance services on occasion, which may result in the temporary unavailability of the Services. Such unavailability is unlikely to occur for a duration of more than one to four (1 to 4) hour in any given 24 hour period, and such unavailability is likely to occur after midnight unless in circumstances beyond the Company’s control.

e) The Company retains the right to access the Subscriber’s database in order to perform maintenance or for other technical purposes.

5. RESPONSIBILITIES OF THE SUBSCRIBER

a) The Subscriber shall hold full responsibility for all equipment necessary for accessing the Services via the internet, including but not limited to computer, telephone, hardware and software equipment. Such responsibility includes ensuring relative system requirements are sufficient to allow access to the Services. The Company shall make no representation, warranty or assurance of the Subscriber’s equipment suitability for use of the Services.

b) It remains the responsibility of the Subscriber to ensure the security of its data through the safe storage of login details, nondisclosure of passwords and the regular amendment of such passwords. The Company holds no responsibility over password selection, and it is the responsibility of the Subscriber to ensure selected passwords are not easily guessable by others.

c) The Subscriber hereby agrees to inform the Company immediately should any unauthorised access of the Services or any password or account breaches be suspected or detected. It is also the responsibility of the Subscriber to report any suspicion or detection of the unauthorised duplication or distribution of any Subscriber Data.

d) The Subscriber hereby agrees to comply with all laws applicable in relation to the use of the Services, including without limitation laws related to data protection and the transmission of personal or technical data across borders.

6. LICENCE RESTRICTIONS

a) By accepting these Terms, the Subscriber is confirming agreement to abide by the following restrictions. The Subscriber shall not:

1. store or send any material that infringes the rights of others, or that is considered threatening, obscene, libellous or otherwise unlawful;
2. store or send any material known or suspected to contain malicious software or computer viruses, including without limitation Trojan horses, worms or other harmful computer code, scripts, files or programs;
3. alter or amend the performance or integrity of the Services or the data contained within;
4. attempt to acquire unauthorised access to the Services or other systems or networks related to it.

b) The Subscriber shall not in any way sell, resell, licence, sublicense, transfer, assign or otherwise commercially distribute or exploit the Services or User Licence. The Subscriber shall also not make any modifications or derivative works in relation to the Services, nor shall the Subscriber allow access to the Service by anybody other than its nominated users.

7. INDEMNITY

The Subscriber hereby indemnifies the Company against any claims, costs and expenses which may be incurred by the Company, arising either indirectly or directly from the Subscriber’s breach of any obligations as set out by these Terms. The Subscriber further indemnifies the Company against claims, costs and expenses incurred by the Company arising from a claim alleging that the use of the Subscriber Data by the Subscriber has infringed the rights of a third party, or has caused harm to a third party.

8. INTELLECTUAL PROPERTY RIGHTS

a) The Subscriber hereby declares acknowledgement that the Company at all times remains the sole owner of all rights, title and interest to the Subscriber Data.

b) The Company owns all IPRs (all copyright, technical knowledge, trademarks, service marks and other intellectual property rights) contained within the Services and any website operated by the Company.

c) These Terms do not give the Subscriber any rights in or in relation to the Services, any website owned or operated by the Company, or any other IPRs (all copyright, technical knowledge, trademarks, service marks and other intellectual property rights) unless expressly provided within these Terms. Any associated names or logos of the Services are Company trademarks, and the Subscriber is granted no right or licence to use them.

9. CONFIDENTIALITY

a) The Company shall apply careful attention to the observance of confidentiality in relation to the Subscriber Data, and confirms that throughout the duration of the provision of Services it shall apply continuous compliance to all aspects of the Act, including without limitation data processing.

b) The Company hereby confirms that it has appropriate technical and organisational security measures in pace. Such measures govern the processing of the Subscriber’s personal data.

10. PRIVACY

a) The Company’s privacy policy is openly accessible via the Company’s website. The Company retains the right to amend or modify security and privacy policies contained therein on occasion, and agrees to notify the Subscriber of any such change.

11. WARRANTY

a) The Company hereby warrants that it shall provide Services with reasonable skill and care which shall conform to generally accepted industry standards of practice.

12. LIMITATION OF LIABILITY

a) The whole liability of the Company to the Subscriber in relation to any claim or breach of these Terms, shall be limited to the maximum amount of the monthly User subscription fee. Such liability applies regardless of whether or not such claim or breach arises from negligence, with the only exception being death or personal injury as a result of negligence, in which case no limit applies.

b) Notwithstanding clause 12(a) set out above, the Company holds no liability to the Subscriber for lost opportunity, loss of business, loss of profits or any other consequential or indirect loss or damage. Such non-liability applies even in cases where such loss could be considered reasonably foreseeable.

13. TERMINATION

a) Upon submission of one month’s notice to the Company, the Subscriber is entitled to Suspend user account. Such termination will come into effect on the anniversary of the Effective Date, and no refund for unused subscription will be issued by the Company.

b) These terms may be terminated immediately by either party with written notice if:

1. the other party commits a material breach of these Terms, and such breach is either unresolvable, or if the party breaching such Terms fails to resolve such breach within 30 calendar days of receiving a request to do so;
2. there is the imposition of distress or execution against the other, or the making by the other of any arrangement or composition with creditors, or the liquidation of that other (should the other be a company, and excluding that of voluntary liquidation).

c) In the event of the termination of these Terms by either party, the obligations of confidentiality as set out in clause 9 shall survive such termination.

14. FORCE MAJEURE

a) Neither party shall hold liability for any default arising due to any act of God, war, any industrial action including strike and lockout, fire, flood, drought, tempest or other natural disaster, or any other event beyond either party’s reasonable control.

15. NOTICE

a) Any notice given by either party to the other shall be given in writing or e-mail. If such notice is delivered, it shall be deemed served at the time of personal delivery. If such notice is sent by pre-paid post, it shall be deemed served as delivered in the expected course of post, providing it has been correctly addressed (such address being that indicated in relevant paperwork prior to contract agreement, or the address subsequently acknowledged in writing as the correct address). Should a notice be delivered by facsimile or email, the service of such notice shall only be deemed acceptable upon proof of confirmation of receipt of such facsimile or email.

16. COMPLETE AGREEMENT

a) Together with the Specification and any existing privacy or security policies published by the Company, these Terms embody the entire agreement between each party in relation to the Paperwork, and supersede any prior agreement between each party in relation to such Paperworkwhether verbal or written. Furthermore, both parties hereby confirm upon accepting these Terms that they have not done so based on any external representations made that are not written expressly into these Terms.

17. SEVERANCE

a) Should any provision contained within these Terms be or become prohibited by law or be deemed officially by a court to be unlawful, unenforceable or void, then such provision shall be severed from these Terms and made ineffective to the fullest extent required. Such severance will be executed as far as possible without the need to modify any remaining provisions contained within these Terms, and such severance shall not affect any other circumstances nor shall it affect the validity or enforcement of any of these Terms.

18. GOVERNING LAW

a) The construction, performance and validity of these Terms falls under the governance of Malaysian law. Acceptance of these terms hereby submits the acknowledgement of both the Subscriber and the Company that any dispute arising in relation to these Terms must be subject exclusively to the jurisdiction of the Malaysian courts.

This Privacy Policy governs the manner in which Consoci8 Sdn. Bhd. collects, uses, maintains and discloses information collected from users (each, a “User”) of the http://app.accurahq.com/ website (“Site”). This privacy policy applies to the Site and all products and services offered by Consoci8 Sdn. Bhd.

PERSONAL IDENTIFICATION INFORMATION

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register
on the siteplace an order and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for,
as appropriate, name, email address, mailing address, phone number, social security number.

We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

NON-PERSONAL IDENTIFICATION INFORMATION

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include
the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet
service providers utilized and other similar information.

WEB BROWSER COOKIES

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes
to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so,
note that some parts of the Site may not function properly.

HOW WE USE COLLECTED INFORMATION

Consoci8 Sdn. Bhd. collects and uses Users personal information for the following purposes:

To improve customer service
Your information helps us to more effectively respond to your customer service requests and support needs.
To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
To improve our Site
We continually strive to improve our website offerings based on the information and feedback we receive from you.
To share your information with third parties
We may share or sell information with third parties for marketing or other purposes.
To send periodic emails
The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to
respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company
news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed
unsubscribe instructions at the bottom of each email or User may contact us via our Site.

HOW WE PROTECT YOUR INFORMATION

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure
or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

CHANGES TO THIS PRIVACY POLICY

Consoci8 Sdn. Bhd. has the discretion to update this privacy policy at any time. When we do, post a notification on the main page of our Site, revise the
updated date at the bottom of this page,. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to
protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

YOUR ACCEPTANCE OF THESE TERMS

By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site.
Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

CONTACTING US

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

Consoci8 Sdn. Bhd.
http://accurahq.com/
SB07-05 Paragon Pan’gaea
Persiaran Bestari,
Cyberjaya 63100, Selangor, Malaysia
+60386882370
support@cs8.my