Terms of Service
The agreement that governs your use of aplikasi.us — eligibility, content rights, paid services, and how disputes get resolved.
Please read these Terms of Service carefully before using aplikasi.us or any of our services, features, content and apps, on the web or on mobile. Together with our Privacy Policy, they set out the legally binding terms between you and KUMPULAN APLIKASI SEMPURNA SDN BHD ("APLIKASI") for using the site and the "Services". Any consultant, vendor, partner or provider we work with is referred to as a "Provider".
By registering for or using the Services in any way, including simply visiting or browsing the site, you agree to these Terms of Service, along with any other operating rules, policies or procedures we publish on the site from time to time. These are incorporated into this agreement by reference and may be updated without prior notice to you.
Some Services may come with additional terms and conditions that we specify from time to time. If you use those Services, you're also bound by those additional terms, which form part of this agreement by reference.
These Terms of Service apply to everyone who uses the Services, including anyone who contributes content, information or other materials, whether or not they're a registered user.
Eligibility
You confirm that you are at least 18 years old. If you're under 18, you may not use the Services under any circumstances. We may, at our sole discretion, refuse to offer the Services to any person or entity, and may change our eligibility criteria at any time. You're responsible for making sure your use of the Services complies with all laws and regulations that apply to you, and your right to access the Services is automatically revoked wherever such use is prohibited, or where offering the Services would conflict with applicable law. The Services are provided solely for your own use, not for the benefit of any third party.
Registration
To use the Services, you must register for an account (an "Account") and provide accurate, complete information, which you agree to keep up to date. You must not:
- Choose a username that impersonates another person;
- Use a username you don't have the rights to; or
- Use a username that is otherwise offensive, vulgar or obscene.
You are solely responsible for all activity on your Account and for keeping your password secure. You may never use another person's account or registration details without permission, and you must notify us immediately of any change to your eligibility to use the Services, any breach of security, or any unauthorised use of your Account. Never publish, share or post your Account login details. You may delete your Account at any time, either directly or by requesting this through one of our employees or affiliates.
Content
Definition.
In these Terms of Service, "Content" means any information, data, text, photos, videos, audio clips, posts, comments, software, scripts, graphics or other interactive features made available through the Services. It also includes all User Content, as defined below.
User Content.
All Content that users add, create, upload, submit, distribute or post to the Services (collectively, "User Content"), whether shared publicly or sent privately, is the sole responsibility of whoever created it. You confirm that any User Content you provide is accurate, complete, up to date, and compliant with applicable laws. You access all Content, including User Content, at your own risk, and you're solely responsible for any resulting damage or loss to yourself or others. We don't guarantee that any Content you access through the Services is, or will remain, accurate.
Notices and Restrictions.
Content on the Services, whether provided by us, our partners or our users, may be protected by copyright, trademark, patent, trade secret or other proprietary rights. You must keep intact all copyright notices and restrictions that appear on any Content you access through the Services.
Use License.
Subject to these Terms of Service, we grant each user a worldwide, non-exclusive, non-sublicensable and non-transferable licence to download and display Content locally, solely for the purpose of using the Services. Using, reproducing, modifying, distributing or storing any Content for any other purpose is prohibited without our prior written permission. You may not sell, license, rent or otherwise exploit any Content commercially, or in any way that violates a third party's rights.
License Grant.
By submitting User Content through the Services, you grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable licence to use, edit, modify, truncate, aggregate, reproduce, distribute, create derivative works from, display, perform and otherwise exploit that User Content in connection with the site, the Services, and our (and our successors' and assigns') businesses, including promoting and redistributing the site or Services through any media format or channel, including third-party sites. This licence survives termination of your Account. You also grant every other user of the site a non-exclusive, perpetual licence to access, use, edit, modify, reproduce, distribute, create derivative works from, display and perform your User Content, which likewise survives termination. None of this affects your other ownership or licensing rights in your own User Content, including your right to license it to others, unless you've agreed otherwise in writing. You confirm that you hold all the rights needed to grant these licences without infringing anyone else's privacy, publicity, copyright, trademark, contract or other rights.
Availability of Content.
We don't guarantee that any Content will remain available on the site or through the Services. Although we're under no obligation to do so, we reserve the right to:
- Remove, edit or modify any Content at any time and for any reason, including in response to third-party or regulatory claims or suspected breach of these Terms of Service, without notice; and
- Remove or block any Content from the Services.
Rules of Conduct
You agree to use the Services only for lawful purposes and are responsible for all activity connected to your use of them. You must not, and must not allow any third party to, take any action, or upload, post, submit or otherwise distribute any Content (including User Content) that falls into any of the categories below.
- Infringes any patent, trademark, trade secret, copyright, right of publicity or other right, or breaches any law or contractual duty;
- You know to be false, misleading or inaccurate;
- Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of privacy, obscene, vulgar, pornographic, or otherwise inappropriate as determined by us in our sole discretion;
- Amounts to unsolicited advertising or spam;
- Contains viruses or other code designed to disrupt, damage or gain unauthorised access to any system, data or equipment;
- Impersonates any person or entity, including our employees or representatives; or
- Includes anyone's identification documents or sensitive financial information.
You must also not:
- Place an unreasonable or disproportionate load on our (or our providers') infrastructure, as determined by us;
- Interfere with the proper operation of the Services or any activity on them;
- Bypass or attempt to bypass any measures we use to restrict or protect access to the Services, other accounts, systems or networks;
- Run any auto-responder or spam tool on the Services;
- Use automated tools to crawl or scrape any page or Content on the site; or
- Otherwise act in violation of our guidelines and policies.
You must not, directly or indirectly:
- Decompile, disassemble, reverse-engineer or otherwise try to extract the source code, ideas or algorithms behind any part of the Services, except where the law specifically allows it;
- Modify, translate or create derivative works from any part of the Services; or
- Copy, rent, lease, distribute or otherwise transfer any rights granted to you under these Terms of Service.
You must comply with all applicable local, state, national and international laws and regulations. We also reserve the right to access, read, preserve and disclose information where we reasonably believe it's necessary to:
- Comply with applicable law, regulation, legal process or government request;
- Enforce these Terms of Service, including investigating potential breaches;
- Detect, prevent or address fraud, security or technical issues;
- Respond to user support requests; or
- Protect the rights, property or safety of us, our users or the public.
Third Party Services
The Services may link to third-party websites, services or resources, and other sites may link back to ours. Accessing third-party resources is at your own risk. They're outside our control, and we're not responsible for their content, accuracy, legality or any other aspect. A link doesn't imply our endorsement of, or any association with, the linked site. We're not liable, directly or indirectly, for any loss or damage arising from your use of or reliance on third-party content, goods or services.
Paid Services
Paid Services.
Some Services may be, or may become, subject to payment ("Paid Services"). Any payment terms shown to you when signing up for a Paid Service form part of this agreement. That said, APLIKASI is not responsible for unauthorised payments or paid services outside our control. We may update our payment terms from time to time and will communicate any changes to our users and clients.
Free Trials and Other Promotions.
Free trials or other promotions must be used within the stated trial period. To avoid being charged, cancel a Paid Service before the trial ends. If you cancel in time but are still charged in error, contact us at admin@aplikasi.us.
Termination
We may terminate your access to all or part of the Services at any time, with or without cause or notice, effective immediately, which may result in the loss of information linked to your membership. You may terminate your own Account by following the instructions on the site or through the Services. Fees already paid are non-refundable. Any provision that should reasonably survive termination, including licences to User Content, ownership terms, warranty disclaimers, indemnities and limitations of liability, will continue to apply.
Terms of Usage
General.
APLIKASI is not responsible for claims relating to the description of any Provider Offering, Service or Product. Details of Provider Offerings, Products, Services and other programmes on the site may change at any time at our sole discretion. A Provider (such as one of our Consultants) advertising goods, services or experiences on the site, or supplying items, services or activities to APLIKASI, may need up-to-date regulatory authorisation, licensing or certification. APLIKASI does not verify or collect evidence of any such authorisation, licence or certification from a Provider. You should carry out your own investigation before purchasing any Service, Product or Offering. Providers are solely responsible for the quality and delivery of what they offer, and no monetary refund will be issued if a Provider cancels or terminates a Service, Product or Offering.
Warranty Disclaimer.
We have no special relationship with, or fiduciary duty to, you. APLIKASI has no obligation to decide:
- Which users may access the Services;
- What Content you access through the Services; or
- How you interpret or use that Content.
You release us from all liability arising from Content you did or didn't acquire through the Services. We make no representations about any Content accessed through the Services and aren't responsible for its accuracy, copyright compliance or legality.
The Services and Content are provided "as is" and "as available", without warranty of any kind, express or implied, including implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, and any warranty implied by a course of performance or usage of trade, all of which are expressly disclaimed. We, and our directors, employees, agents, suppliers, partners and content providers, do not warrant that:
- The Services will be secure or available at any particular time or location;
- Defects or errors will be corrected;
- Content or software available through the Services is free of viruses or other harmful components; or
- The Services will meet your requirements.
Your use of the Services is entirely at your own risk.
Indemnification
You agree to defend, indemnify and hold harmless APLIKASI, our affiliates, and each of our and their employees, contractors, directors, suppliers and representatives from all liabilities, claims and expenses (including reasonable legal fees) arising from your use or misuse of the Services or Content, your User Content, your breach of these Terms of Service, or any infringement by you or anyone using your Account of a third party's intellectual property or other rights. We may take over the exclusive defence of any matter otherwise subject to your indemnification, in which case you'll cooperate with us in asserting any available defences. You'll also indemnify us for any liabilities, injuries, claims or legal action arising from activities that take place on a Provider's premises.
Limitation of Liability
To the fullest extent permitted by law, neither we nor our directors, employees, agents, partners, suppliers or content providers will be liable, under contract, tort, strict liability, negligence or any other legal or equitable theory, for:
- Lost profits, data loss, the cost of procuring substitute goods or services, or any special, indirect, incidental, punitive, compensatory or consequential damages, however arising; or
- Bugs, viruses, trojan horses or similar issues, regardless of their source.
Arbitration Clause & Class Action Waiver
Arbitration.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US, WHETHER OR NOT A THIRD PARTY IS INVOLVED, RELATING TO YOUR RELATIONSHIP WITH US, INCLUDING DISPUTES ABOUT THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, OR YOUR RIGHTS OF PRIVACY OR PUBLICITY, WILL BE RESOLVED THROUGH BINDING ARBITRATION UNDER THE MALAYSIAN ARBITRATION ACT 2005 (REVISED 2011). HOWEVER, IF YOU INFRINGE OR THREATEN TO INFRINGE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF UNDER THE JURISDICTION OF THE HIGH COURT OF MALAYA, SABAH & SARAWAK. RIGHTS AVAILABLE IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND SOME RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in the Malaysian small claims court, where its rules and jurisdiction allow, unless the matter is transferred, removed or appealed to a different court. You may only bring claims on your own behalf. Neither you nor we will take part in a class action or class-wide arbitration for any claim covered by this agreement. YOU ARE GIVING UP YOUR RIGHT TO ACT AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR TO PURSUE CLASS ARBITRATION OR CONSOLIDATED ARBITRATION, FOR ANY CLAIM YOU MAY HAVE AGAINST US. You also agree not to bring claims in a private attorney general or representative capacity, or as part of consolidated claims involving another person's account, where we are a party. This dispute resolution provision is governed by the Malaysian Arbitration Act 2005 (Revised 2011). If the Kuala Lumpur Regional Centre for Arbitration is unable to set a hearing date within ninety (90) days of filing, either party may elect to have the arbitration administered by the Kuala Lumpur Regional Centre for Arbitration instead. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. The arbitrator has no authority to award damages, remedies or relief that conflict with these Terms of Service. Any claim arising from your use of the Services or these Terms of Service must be filed within one (1) year of when it arose, or it will be permanently barred.
How a dispute is resolved, at a glance
Severability.
If the prohibition on class actions and third-party claims above is found unenforceable, the rest of this Arbitration section will be void. This arbitration agreement survives the end of your relationship with us.
Governing Law and Jurisdiction.
These Terms of Service are governed by the laws of Malaysia, including Sabah & Sarawak. Any dispute relating to these Terms of Service is subject to the exclusive jurisdiction of the High Court of Malaya.
Modification
We may modify or replace these Terms of Service, or change, suspend or discontinue any part of the Services, at any time and at our sole discretion, by posting a notice on the site or notifying you through the Services, email or another form of electronic communication. We may also limit certain features or restrict your access without notice or liability. We'll aim to give timely notice of changes, but it's also your responsibility to check these Terms of Service periodically. Continuing to use the Services after a change is posted means you accept that change going forward. Your use of the Services is always governed by the version of these Terms of Service in effect at the time.
Miscellaneous
Entire Agreement and Severability.
These Terms of Service are the entire agreement between you and us regarding the Services, and replace any prior discussions or proposals on the same subject. If any provision is found unenforceable, it will be limited or removed only to the extent necessary, and the rest of these Terms of Service will remain in effect. Failing to enforce a right under these Terms of Service doesn't waive our ability to enforce it later.
Force Majeure.
We're not liable for any failure to perform our obligations where that failure is caused by something beyond our reasonable control, including mechanical, electronic or communications failure or degradation.
Assignment.
These Terms of Service are personal to you and can't be assigned, transferred or sublicensed by you without our prior written consent. We may assign, transfer or delegate our rights and obligations without your consent.
Agency.
These Terms of Service don't create any agency, partnership, joint venture or employment relationship, and neither party has authority to bind the other.
Notices.
Unless stated otherwise, all notices under these Terms of Service must be in writing. They're considered received when delivered personally, sent by registered or certified mail (return receipt requested), confirmed electronically if sent by fax or email, or the day after dispatch if sent by recognised overnight courier. Send electronic notices to admin@aplikasi.us.
No Waiver.
If we don't enforce part of these Terms of Service, that doesn't mean we waive our right to enforce it later, whether in one instance or generally. Any waiver must be given in writing by one of our authorised representatives to be valid.
Headings.
Section and paragraph headings are for convenience only and don't affect how these Terms of Service are interpreted.
