Personal identification information
Collection of personal identification information (“collected information”) from Users will be conducted in a variety of ways, including, but not limited to, subscription to a newsletter, and in connection with other activities, services, features, or resources we make available in Nexent. All such collected information will only be obtained through voluntary submission by the Users. Refusing to supply such collected information may prohibit the Users from further engaging in certain Nexent related activities.
By giving us your personal information, you are giving us consent to collect, use and disclose your personal information under the terms of this policy and any relevant privacy and data protection laws in Malaysia.
Purpose of the collected information
Nexent may collect and use Users’ personal identification information for the following purposes:
- To improve customer service
The collected Information provided by the Users helps us respond to the customer service requests and support more efficiently.
- To personalize Users experience
We may use the collected information in the aggregate to understand how our Users as a group utilise the services and resources provided in Nexent.
- To send periodic emails
We may use Users email addresses to send Users information and updates pertaining to their order and also to respond to User inquiries, questions, complaints and any other related requests.
- To improve customer service
- To manage, verify and complete transactions.
The collected information of the Users shall be utilised by us for verification or transaction purposes pertaining to either the websites’ services or online contents services.
- To process your payment transactions;
By any means we shall process the collected information for any business transactions either by way of online or manual submissions.
- To comply with any regulatory, statutory or legal obligation imposed on us by any relevant authority.
We shall process the collected information in compliance with the changes of laws either within local competent jurisdiction or other competent jurisdiction, including statutory, bye-laws and etc. whichever is applicable.
Use and Disclosure of Personal Data
We may disclose your Personal Data within Nexent and/or to the Vendors (as hereinafter defined) for the Purposes set forth hereinabove in accordance with the terms and conditions set out herein.
We take every measure to provide a comparable level of protection for Personal Data should the information be processed by a Vendor.
We use and disclose aggregated non-personally identifying information collected through the Websites as part of our organization’s process of constantly improving the Websites, and the products and services offered by Nexent.
Users may find advertising or other content in Nexent that link to the websites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these websites and are not responsible for the practices employed by websites linked to or from Nexent. In addition, these websites or services, including their content and links, may be constantly changing. These websites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our User, is subject to that website’s own terms and policies.
Your acceptance of these terms
END-USER LICENSE AGREEMENT
This End-User License Agreement (“EULA”) governs the use of the Dashboard.Nexent software (“Software”) currently provided or which will be provided by Nexent Sdn Bhd (“Provider”), or any one of its subsidiaries or affiliated companies.
This EULA sets out the basis on which Nexent makes the Software available to the End-User (“User”) and on which the User may use them. By executing this document and installing or using the product, the User agrees to be bound by this EULA.
This EULA shall coexist with, and shall not supersede any other agreement between Nexent and the User in the course of the provision of the Software. To the extent that the provisions of this EULA conflict with the provisions of any other agreement, the provisions of this EULA shall prevail only in relation to the licensing of the Software.
The Provider grants the User a non-exclusive, non-transferable, non-sublicensable, limited license to download, install and use the Software solely for use in User’s organisation and not for further distribution, strictly in accordance with the terms of this EULA.
2.1. The User shall not directly or indirectly,
2.1.1. Sell, rent out, lease, license, distribute, market, exploit the Software or any parts of it commercially, or make it available to any third party;
2.1.2. Reverse engineer, decompile, disassemble, adapt, reproduce, or create derivative works from the Software, either in whole or in part;
2.1.3. Create, use and/or distribute any peripheral computer programs for the Software;
2.1.4. Remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within the Software;
2.1.5. Export or re-export the Software or any copy of adaptation in violation of any application laws or regulations.
2.2. While using the Software, the User agrees to comply with all applicable laws, rules and regulations. The User further agrees to comply with any rules of conduct that govern the use of the Software which are not meant to be exhaustive and subject to modification from time to time by the Provider.
2.3. The User may only use the Software according to the anticipated use.
3.1. The User does not own any right, title or interest to the Software, including any and all worldwide patent rights, copyrights, trade secrets, know-how and any other intellectual property rights embodied therein.
3.2. Except as expressly set forth in this EULA, all rights not granted hereunder to the User are expressly reserved by the Provider.
3.3. This License confers no title or ownership in the Software, and should not be construed as a sale of any rights in the product.
4.Modifications to Software
The Provider reserves the right to modify, suspend or discontinue, temporarily or permanently, the Software or any service to which it connects, with or without notice and without liability to the User, depending on the degree of loss and damages suffered by the Provider.
5.Obligations and Support
5.1.The Provider will be responsible for providing customer support according to the license type and pricing tier.
5.2.The User shall make no representations or warranties with respect to the Software or any related services beyond those contained herein. The User shall be solely responsible for, and the Provider shall have no legal obligation to honour, any warranties that the User provides to members of its organisation or affiliated companies to the extent that such warranties are broader or greater in scope than those made by the Provider to the User hereunder. The User shall defend, indemnify and hold the Provider and its affiliated companies harmless from any and all costs, losses, damages, liabilities and expenses, (including reasonable attorney’s fees and costs of litigation) resulting from the User’s failure to comply with this Section.
To use a Software Product identified as an upgrade, the User must first be licensed for the original Software Product identified by Provider as eligible for the upgrade. After upgrading, the User may no longer use the original Software Product that formed the basis for their upgrade eligibility. By using the Software Product, the User also agree that the Provider may access their Software to check the version or status of certain Software and may download and install upgrades or updates to such Software on to the User’s Software to provide new versions or updates required to maintain the functionality, performance, or security of the Software and facilitate the provision of support or other services provided to the user. In certain cases, and depending on the type of upgrade or update, notifications will be provided to the User (via pop-up or other means), which may require the User to initiate the upgrade or update.
This EULA applies to updates or supplements to the original Software provided by Provider unless Provider provides other terms along with the update or supplement. In case of a conflict between such terms, the other terms will prevail.
8.Change of Backend Core System
This EULA applies to change of backend core system provided by the Provider, this including but not limited to the user interface (UI), user experience (UX) as well as any other frontend or backend systems. The Provider reserves the rights to change the backend core system anytime by providing notifications to the User (via pop-up or other means) in which the User is mandatory to abide by such changes.
9.1.As a limited software warranty, the Provider provides a thirty (30) days warranty period starting from the Effective Date. The Provider does not warrant that the Software will meet the User’s requirements, that the Software will operate in the combinations that the Users may select, that the operation of the Software will be error-free or uninterrupted, or that all Software errors will be corrected.
9.2.The Software and any related Documentation do not incorporate, combine with, or use software or materials distributed under and Excluded License. “Excluded License” means a license that requires, as a condition of use, modification, and/or distribution of such Open Source Materials that other software incorporated into, derived from, or distributed with such Open Source Materials be (i) disclosed or distributed in source code form, (ii) licensed for the purpose of making derivative works, or (iii) redistributable at no charge.
9.3.EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. THE PROVIDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE PROVIDER OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
10.1.The Provider will defend, indemnify and hold the User harmless from and against any damages, costs and expenses (including reasonable attorneys’ fees and other professional fees) awarded against the User in a final non-appealable judgment or that are agreed to in settlement, to the extent based on a third-party claim that the Software, as provided by the Provider to the User, infringes any patent, copyright or misappropriate any trade secret of any third party.
10.2.If the User’s use of the Software is, or in Provider’s opinion is likely to be, enjoined due to the type of claim specified in Clause 10.1, then Provider will at its sole option and expense: (i) procure for the User the right to continue using the Software under the terms of this Agreement; (ii) replace or modify the Software to make it non-infringing and of equivalent functionality; (iii) if Provider is unable to accomplish either despite using its reasonable efforts, then Provider may terminate User’s rights and Provider’s obligations under this EULA with respect to such Software and refund to user a prorated portion of any prepaid license fees paid for such Software.
10.3.The User further agrees to defend and indemnify Provider, at the User’s expense, against any legal action brought against Provider by a third party if such infringement of patent copyright or misappropriation as stated in section 10.1 is caused by User himself.
11.Limitation of Liability
Subject to local law, notwithstanding any damages that you might incur, the entire liability of the Provider and any of its suppliers under any provision of this EULA and User’s exclusive remedy for all of the foregoing shall be limited to the amounts paid to the Provider by the User for the specific Software giving rise to a claim for liability hereunder during the twelve (12) month period prior to the first claim. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF PROVIDER OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
This EULA is effective unless terminated or rejected. This EULA will also terminate upon conditions set forth elsewhere in this EULA or if the User fails to comply with any term or condition of this EULA.
All intellectual property rights in the Software Product and user documentation are owned by the Provider or its suppliers and are protected by law, including but not limited to Malaysia copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. Users shall not remove any product identification, copyright notices or proprietary restrictions from the Software Product.
14.Consent To Collection/Use Of Data
15.1.This EULA shall be governed by and construed in accordance with the laws of Malaysia.
15.2.Except as expressly set forth in this EULA, the exercise by either party of its remedies under this Agreement will be without prejudice to any other remedies under this Agreement or otherwise.
15.3.All notices or approvals required or permitted under this Agreement will be in writing and delivered by confirmed email transmission, by overnight delivery service, or by certified mail, and in each instance, will be deemed given upon receipt. All notices or approvals to the Provider shall be forwarded to the address set forth in the Provider’s portal which will update from time to time while all notices or approvals to the User shall only be forwarded to the last address that was submitted by the User to the Provider.
15.4.The failure by either party to enforce any provision of this EULA will not constitute a waiver of future enforcement of that or any other provision.
15.5.The Provider may update the terms of this EULA from time to time with notification to the Users.