Term & Condition
In the event if You are minors in the jurisdiction in which You reside (generally under the age of 18), You must have the permission of, and be directly supervised by, Your parent or guardian to use the Sites. In such situation, You must have Your parent or lawful guardian read and agree to this Agreement prior to You using the Sites and Your parent or lawful guardian shall be responsible and liable for Your use of this website. However, if You are minors, You are not permitted to register and/or use the Service of the Sites
|“Confidential Information”||means information including but not limited to any of the Company’s information relating to the business, affairs, finances, trade secrets, technologies, methodologies, customers and suppliers of the parties that is by its nature confidential but does not include: (a) information already known to the receiving party at the time of disclosure by the other party; or (b) information in the public domain other than as a result of disclosure by a party in breach of its obligations of confidentiality under this Term of Use;|
|“Content”||means everything contained in the Site including but not limited all source code, databases, functionality, software, computer programme, website designs, audio, video, text, photographs, graphics and any other whatsoever contained in the Site;|
|“Mark”||means collectively all trademarks, service marks, and logos contained in the Site and/or Service;|
|“Service”||means the point-of-sale system developed by the Company and license to the user under the Site;|
|“Site”||means the website maintained by the Company under web address https://www.bigpos.net;|
|“Subscription Fees”||means the charges/fees payable to the Company for the Service;|
|“Third Party Service Provider”||means any other third party engaged by the Company to provide service to support the Service;|
|“You” or “Your”||means any party who accesses the Site;|
“law” shall includes any act of parliament, constitutional documents, court order, common or customary law, judgment, by-laws, regulation, guidelines, directive, policy, treaty or orders made pursuant to it as from time to time, amended, re‑enacted extended or consolidated) guidelines, directive, policy, treaty or other legislative measure, in each case, in any jurisdiction whatsoever and whether or not having the force of law and “lawful” and “unlawful” shall be construed accordingly;
a “person” includes a natural person, company, corporation, firm, partnership, joint venture, consortium, association, organisation, unincorporated body of persons, trust, state or agency of a state (in each case, whether or not having separate legal personality);
a “day” or “year” shall be construed by reference to the Gregorian calendar;
“tax” and “taxes” includes any present or future tax, SST, levy, impost, duty, charge, fee, deduction or withholding of any nature and whatever called imposed by the relevant authority on whomsoever and wherever;
words importing the masculine gender only include the feminine and vice-versa;
words denoting persons include corporations, and vice-versa, and also include their respective heirs, personal representatives, successors in title or permitted assigns, as the case may be;
words or expression denoting the singular includes plural and vice versa. Any gender includes all genders;
words “written” and “in writing” include any means of visible reproduction;
3. LICENSE TO USE
The Company shall retain ownership of all rights (including without limitation all intellectual property rights), title to and interest of the Site, information in the Site, Services and any software contained in the site whether in its original form or as modified. You are granted a non-exclusive limited license to access and use the Site, information and Services for personal, non-commercial transitory viewing only. This license shall not amount to a transfer of title, you shall not without first obtained our written consent:
- modify or copy the Site and/or Services in any way;
- use the materials for commercial purpose, or for any public display (commercial or non-commercial);
- decompile, reverse engineer, reverse assemble or reverse compile or cause any third party to reverse decompile, reverse engineer, reverse assemble or reverse compile the Site, Services and or any software contained therein for any reason whatsoever;
- Remove any copyright, trademark, or other proprietary notations from the Site and/or Services;
- transfer the Site and/or Services to another person or “mirror” the Site and/or Services on any other server;
- engage in any other conduct that violates the copyright, applicable laws in Malaysia pertaining and in relation to intellectual property; and/or
- use the Site and/or Services in any way and/or purposes other than the purposes the Site and/or Services are created for.
In the event you have breached any of the above or any terms herein contained, whether by act or omission, the license granted to You to use the Site and/or Services is immediately revoke and the Company have the right to immediately with or without notice suspend or terminate Your use of the Site and/or Services and terminate Your account and refuse any and all current or future use of the Site (or any portion thereof).
4. PRODUCT INFORMATION
Any products and/or service displayed, description and offered in the Site is subject to availability and confirmation from the Company. The Company cannot guarantee that the product and/or service is available at the time and function as You expected.
5. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise expressly indicated, You shall assume that all Content You read, see and contained in the Site and/or under the Services is our proprietary property and is copyrighted or otherwise protected and Mark (if any) are owned or controlled by the Company or licensed to the Company. The Site, Service, Content and Marks are confidential and all the Intellectual Property Rights therein contained is solely owned by the Company.
6. USER REPRESENTATIONS
By using the Site, You represent and warrant that:
- all information provided by you are true, accurate, current, and complete and You will maintain the accuracy of such information and from time to time immediately update such registration information as necessary;
- You own or you have the rights to submit all information and content provided by you and the same is not in violating any other party’s rights.
- You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
- You will not use the Site for any illegal or unauthorized purpose;
- In the event you are required to register an account with us, you shall keep your account and password confidential and will be responsible for all use of your account and password.
- Your use of the Site and/or Services provided herein will not violate any applicable law and/or regulation and not breach any agreement and/or undertaking with any other party.
In the event any information provided by you is untrue, inaccurate, not current, or incomplete or became untrue, inaccurate, not current, or incomplete, we have the right to immediately with or without notice suspend or terminate your use of the Site and/or Services and terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
7. SITE MANAGEMENT
The Company reserve its rights, but not obligated to:
- at its sole discretion to control accessibility, hours of use, features on the site, and any other information found on the Site;
- at its sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any user account registered with the Company and/or Contributions or any portion thereof;
- at its sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable any files and content that are excessive in size or are in any way burdensome to the Site, Services and/or the Company’s systems and/or the Company thinks fit;
- at any time in the Company sole discretion, block any IP addresses from accessing the Sites and/or using the Services as the Company deems fit; and/or
- otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
8. USER’S CONTENT
You may, during Your course of use of the Site and/or Service submit or enter any chat or participate in blogs, message boards, online forums and other functionality and You may be required or have the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to the Sites and/or to or via the Sites’ forms, emails, chat agents, popups, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions You transmit to the Company will be treated as non-confidential and non-proprietary. Contributions may be viewable by other users of the Site and through third-party websites. When You create or make available a Contribution, You thereby represent and warrant that:
- the creation, distribution, transmission, public display and/or performance, accessing, downloading and copying of your Contribution does not and will not infringe any third party’s proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
- You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Company and the Sites’ users to use your Contributions as necessary to exercise the licenses granted by you under this Term of Use;
- You have the written consent, release, authorization and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by our Sites and/or Service;
- Your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate and will not cause the Company violate any applicable law, regulation, rule, and/or any third party’s privacy or publicity rights;
- your Contributions are not and shall not thereafter become false, inaccurate, or misleading.
- your Contribution does not contain material that solicits personal information, any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
- your Contribution does not otherwise violate, or link to material that violates, any provision of this Term of Use or any applicable law or regulation
- your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
The Company reserve its rights to, inter alia, terminate, suspend or prohibit your license to use the Site and/or Services should we discover that you and/or your Contributions have violated any of these terms.
The Company shall have the rights and at its own discretion to delete any Contribution submitted to the Site with or without any prior notice to the any user.
9. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or You may be sent via the Site) links to other websites other than the Site (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to, stored, hosted by Third-Party Websites or originating from third parties (“Third-Party Content”).
The Company shall not be in any way liable or responsible for such Third-Party Websites and Third-Party Content accessed through the Site or posted on, available through, or installed from the Site and the Company has not investigated, monitored, or checked for accuracy, appropriateness, or completeness such Third-Party Websites and Third-Party Content
Unless otherwise stated in the Site, the Company does not approve or endorse any Third-Party Websites and/or Third-Party Content even if the same is included, link to or permitted the use of installation from the Site. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, You do so at Your own risk, and the Company shall not be held liable for any damages suffered by You whether directly or indirectly.
You are advised to review the terms and policies, including but not limited to the privacy and data gathering practices, maintained by or governing the Third-Party Websites and/or Third-Party Content to which you navigate from the Site or relating to any applications You use or install from the Third-Party Websites.
You hereby agree and acknowledge that the Company do not endorse the products or services offered on Third-Party Websites and you shall hold the Company harmless from any harm caused by Your purchase or usage of such Third-Party Websites and/or Third-Party Content. Additionally, You shall hold the Company harmless from any losses sustained by You or harm caused to You relating to or resulting in any way whether directly or indirectly from any Third-Party Websites and/or Third-Party Content.
In the event the Company allows any advertisers to display their advertisements and other information in the Site, such advertiser shall take full responsibility for any advertisements the advertiser place on the Site and any services provided on the Site or products sold through those advertisements.
The Company merely provide a space/ platform to place such advertisements, and the Company have no other relationship with advertisers and shall not be held responsible for the advertisement and/or content therein place by the advertiser. You shall not hold the Company liable for any damages and/or losses sustained by You from purchasing any product and/or services advertised by the advertiser.
11. USER DATA
The Company may with notice or without notice to You maintain certain data that You transmit to the Site in the course of Your usage of the Site and/or Services (“Data”) including but not limited to Your personal information as well as any data relating to Your usage of the Site, for the purpose of managing the Site and/or Services. The Company will conduct regular routine backups of data You store with/ transmit to the Site or the Company, however, You are solely responsible for all data that You transmit, store or that relates to any activity You have undertaken using the Site and/or Services.
You hereby acknowledge and consent that the Company shall have the rights to:
i. use the Data and information about You and the manner You use the Site and/or Service to develop and improve the Company’s Service to you and assist partnerships to improve or develop new services and features to You and generate anonymised and aggregated statistical and analytical data (collectively, “Analytical Data”).
ii. use the Analytical Data for the Company’s own internal research and development purposes;
iii. provide the report of the Analytical Data to any relevant party including but not limited to any advertiser and/or service provider;
iv. provide Data to any third party service provider for the purposes to support the Company Site and Service.
You hereby agree and acknowledge that the Company shall not be liable to You or in any way be held liable for any loss or corruption of any such data, and You hereby waive any right of action against the Company arising from any such loss or corruption of such data.
The Company may engage any third party service provider, located in Malaysia or outside of Malaysia, to store all the user’s information, data, Contents and any others content in relation to the Site and/or the Services. You hereby agree that the Company shall at its own discretion and liberty, without prior notice to you, transfer such information, data, Contents and any others content in relation to the Site and/or the Services to the third party service provider either in Malaysia or located overseas. The Company rights under this clause 10 shall survive termination or expiry of your engagement of the Service;
12. PROHIBITED ACTIVITIES
You may not access or use the Site and/or Services for any purpose other than purposes for which the Company made the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by the Company. You, as a user of the Site and/or Services, hereby agree to use the Site and/or Service for the authorised purposes and in manner approve by the Company and further agree not to use the Site for purposes other than those approved by the Company including but not limited to the following:-
- by any way, directly or indirectly, extract, retrieve, modify and/or copy any information, data or other content from the Site;
- make any unauthorized use of the Site, including but not limited to collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretense;
- by any way circumvent, disable, or otherwise interfere with security and/or security-related features of the Site;
- upload or transmit, attempt to upload or to transmit viruses or caused to upload or transmit any virus, program, process, advertisement, communication, or other item to the Site or related servers and networks;
- not to interferes whether directly or indirectly with any other user uninterrupted use and enjoyment of the Site and/or Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
- trick, defraud, or mislead the Company and/or other users, especially in any attempt to obtain any sensitive account information including but not limited other user passwords, information, accounts details;
- impersonate or attempt to impersonate another user or person or use the username of another user;
- make improper use of the Company support services or submit false reports of abuse or misconduct.
- interfere with, disrupt, create an undue burden or caused an undue burden onto the Site, server of the Site, the networks and/or services connected to the Site.
- decipher, decompile, disassemble, or reverse engineer or attempt to decipher, decompile, disassemble, or reverse engineer the Site, Service and/or any of the software comprising or in any way making up a part of the Site.
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- delete the copyright or other proprietary rights notice from any of the Company’s or other user’s Content.
- upload any information, material and/or Content on the Site that which offensive to the Company and any other parties and the Company shall at all times maintain the exclusive right to determine what is offensive.
- disparage, tarnish, or otherwise, in the Company’s opinion, harm or may have any adverse effect to the Company and/or the Site.
13. TERM AND TERMINATION
This Term of Use shall at all times remain in full force and effect while You use and/or continue to use the Sites and/or Services, registered to be a member or continue to maintain as a member of the Sites, whichever applicable.
Without Prejudice to any other rights of the Company, the Company reserves the right to, in company’s sole discretion and without notice or liability, deny access to and use of the sites and the company services, to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in this Term of Use, or of any applicable law or regulation, and company may terminate your use or participation in the sites and the company services, delete Your profile and any content or information that You have posted at any time, without warning, in company’s sole discretion.
In the event the Company at its own discretion terminates or suspends Your account for any reason the Company deems fit, You are then prohibited from re-registering and/or creating a new account under either under Your own name, a fake or borrowed name, or the name of any third party. The Company reserves its right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
14. COPYRIGHT INFRINGEMENT
In the event You believe that Your Intellectual Property Rights has been infringed or otherwise violated, kindly report to the Company and submit together with the following supporting documents and/or information:
- A physical or electronic signature of a person authorized to act on Your behalf with an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information and/or supporting documentation reasonably sufficient to permit to the Company, to identify the said infringement;
- Your information to permit the Company, to contact the complaining party, such as address, telephone number and, if available, e-mail address; and
- A statement that the You have a good faith belief that use of the content, and/or material in a manner complained of is not authorized by the copyright owner, its agent, or the law.
upon the Company received report regarding to Intellectual Property Rights infringement, the Company shall commence its own investigation on the said infringement and thereafter the Company shall at its own discretion to delete the Content which is reported for any infringement of Intellectual Property Rights submit/ uploaded by the user to the Site and/or Services.
The Company shall not in anyway be held responsible for and liable for any loss or damage suffered by You and/or any party related to You, arising from the use of the Site, the Service and/or the use of information contained therein including (but not limited to) the following:
- any direct, indirect, incidental, consequential, or punitive damages (including without limitation to loss of revenue, loss of profits, loss of business opportunity or loss of data) arising out of or relating to these terms, or access to or use of the Site, Service, content and/or purchase You made therein;
- any Content or submissions to the Site, where any user of the website uploaded which has infringed intellectual property of a third party AND the prior approval for the usage of the said intellectual property has not been obtained. The Company shall not be held liable for any hyper-linking to other Site;
- any access, use or inability to access or use the Site and/or Service, use of or reliance on any contents of the Site;
- any loss, missing and/or corruption of Your information, file and/or data store with the Company; and/or
- any system, server or connection failure, error, omission, interruption, interception, delay in operation or transmission, or computer virus.
The Company makes no warranty whatsoever to You in respect of the Site, Service and/or information contents contained in the Site. The Company also does not warrant that the Service will be free from errors and/or defects or that it will meet all Your requirements.
You shall at all times fully indemnify the Company or keep the Company indemnified from and against any and all claims, proceedings, expenses, losses, damages and/or liabilities (as to the amount of which the certificate of the Company shall, in the absence of manifest error, be conclusive and binding on You) which the Company may incur or suffer arising from Your breach of this Term of Use, Your misuse of the Site and/or Service (whether intentionally or unintentionally) or any
You shall not, without the Company prior written approval, disclose, reveal or cause to disclose or reveal any of the Confidential Information and any information contained in the Site and/or Service to any other party. You hereby warrant and covenant that You will take all reasonable steps to protect the Confidential Information and to use reasonable means to defense disclosure to any government authority. Your confidentiality and non-disclosure obligations shall survive the expiry or termination of this Term of Use and/or Service (whichever is the case).
The Company confirms that English shall be the language of this Term of Use, Site and/or Service. This chosen language shall prevail in the event of differences in meaning over the version of this Term of Use, Site and/or Service in any other language.
19. GOVERNING LAW
Any typographical errors, inaccuracies, or omissions that may relate to this Term of Use, Site and/or Services, including descriptions, pricing, availability, and various other information. The Company shall reserve the right to correct any errors, inaccuracies, or omissions and to change, modify and/or update the information on the Site at any time, without prior notice.
22. KNOWLEDGE OR ACQUIESCENCE BY THE COMPANY
No rights of the Company or any part thereof shall be waived or varied unless by and express waiver or variation in writing.
You shall not by any way, sell, transfer and/or assign any of Your rights or obligation arising from this Term of Use, Your account hold with us, Site and/or Services to a third party or cause a third party to succeed such right or obligation, without the prior written consent of the Company.
Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to You shall be given to the email address You provided during the registration process, or such any amendment thereof which has been furnished to and registered with the Company. Notice shall be deemed to be served to You upon twenty-four (24) hours after the email is sent, provided always that the sending party is not notified that the email address is invalid.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and
You hereby agree that all agreements, notices, disclosures, and other communications provided by the Company to You electronically, via email and/or notice posted on the Site, shall satisfy any legal requirement for such communication to be in writing. You hereby further waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
25. INDEPENDENT LEGAL ADVICE
26. SUCCESSORS BOUND
27. USAGE OF SERVICE
You are our top priority and we remain committed to deliver highest quality service experience to you.
- Services & Subscription Fees
You hereby agree that the Subscription Fees paid by You shall expired in accordance to the period You subscribed (“Term”) as per the plan available from time to time offered by the Company. You shall renew Your subscription and make full payment for the Subscriptions prior to the expiry of the Term subscribed. Failure to renew Your subscription shall result to the Company forthwith terminate the Services provided to You. You further agree that the Subscription Fees paid shall not be refundable notwithstanding any termination prior to the Term.
Unless otherwise stated, the Subscription Fees and/or any payment or remittance to be made to the Company shall be excluding any relevant taxes and shall be free from any restriction and clear of any (except to the extent required by law) without any deduction or withholding of account of any direct and/or indirect tax, levy, commission, charges or otherwise. You shall be responsible for all applicable taxes from any purchase and/or subscription to the Service and/or any goods and services offer by the Company under the Site.
- Your Obligation
You shall ensure that the Service are used in a proper manner by competent and trained employees only or by persons under their supervision and authorisation.
You shall at all time be solely responsible in providing relevant equipment required to use the Service and at Your own obligation to ensure the said relevant equipment is free from any viruses and all other programs that may cause damages to the Site and/or service.
- Company Obligation
- Customer Service and On-Site Service
- Our customer service representatives are always ready to assist you with any inquiries on BIGPOS and for any technical support, our qualified team will guide you with a step-by- step troubleshooting to resolve your technical issues.
- We are happy to send our professional technical team to your premise for a comprehensive on-site support. Subject to our approval, we will absorb the service restoration cost in the event the fault is within BIGPOS’s scope of responsibilities. Otherwise, a nominal charge of the following per visit will be charged. The charges are based on the radius distance from our office. The on-site support charges will take effect on 1st March 2022.
|10 km||RM 80|
|25 km||RM 120|
|>25 km||RM 150|
Please be informed that the above stated charges are for reference only, the actual amount chargeable is subject to our final confirmation[OSL31]
- The abovementioned charges is not inclusive of any cost on repair and/or replacement of equipment or any part thereof. In any event that your equipment set is faulty and requires replacement, you shall purchase from us a new equipment set at your own costs and expenses.
- We, including our representative shall not in any way be held responsible for and liable for any loss or damage whatsoever suffered by you and/or any party related to you, arising from the use of BIGPOS or the technical on-site support provided by us.
- We may carry out its obligations for technical support through any agents or sub-contractors appointed by us in our absolute discretion for that purpose.\
- Please call our customer service center at 05-238 0598 should you need any further enquires and/or information.
- Termination and Suspension of Service
The Company shall have the rights to forthwith terminate the Service offered to You or suspend You from using the Service for a period as may be deemed fit by the Company in the event You: –
- failed to pay Subscriptions fees upon the expiry of the Terms;
- becomes insolvent, liquidated, bankrupt, wound up and/or entered into any arrangement of receivership or restructuring or any proposed thereof
- use the Service for any purposes which violates any applicable law and/or regulations in any jurisdiction and/or involve in any illegal activity;
- use the Service for any purpose other than purposes stated herein or consent by the Company;
- make any false representation and warranty on the information and documents required from and/or provided by You or the information and documents required from and/or provided by You becomes false;
- conducted or attempt to conduct any act, which in the Company sole discretion thinks that, it may have any adverse effect to the Company and/or the Site.
Upon suspension or termination of the Service, You shall immediately stop using or attempt to use the Service and You shall at all times fully indemnify the Company or keep the Company indemnified from and against any and all claims, proceedings, expenses, losses, damages and/or liabilities which the Company may incur or suffer arising from herein above stated.
- Payment Gateway
The Company may engage a Third Party Service Provider to provide payment facilities for any payment of Subscription Fees and/or any other purchase offer by the Company. You hereby agree that the Company is not liable and responsible for any act or omission of the Third Party Service Provider and the Company shall not be liable for any losses and/or damage suffered by You arising from any act or omission of the Third Party Service Provider. You are advised to read and understand the terms and conditions and/or privacy policies applicable to the Third Party Services.