Terms and Conditions
The following terms and conditions (the “Agreement”) govern all use of the www.”We”.com /net website (the “Site”) and the products (the “Product”) and services (the “Service”) available on the site. In this “Agreement”, “You” or “Your” means the person accepting this “Agreement” and the company (if any) on whose behalf he/she is acting, and “We,” “Us,” “Our,” or “Company” means Smartus enterprise.
We are Smartus enterprise SA0459232-X (T/A “We”)
We are registered in Malaysia (number 08440583) and our address is: 217, Taman Datok Hormat, 46000 Petaling Jaya, Seleongor
By visiting these web-sites, or by purchasing any products or services you agree to be bound by the Terms and Conditions outlined below. Smartus enterprise reserves the right to change theses terms at any time. Potential and Existing Customers are encouraged to check our Terms and Conditions from time to time to be well-informed of any changes.
“We” reserve the right, in “Our” sole discretion, to modify or replace any of the terms or conditions of this “Agreement” at any time. “Your” continued use of the “Service” following the posting of any changes to this “Agreement” constitutes “Your” acceptance of those changes and “You” are responsible for reviewing those terms as “We” notify “You” about them. Some products or services that become available at the “Site” or via “Service” may be subject to additional or different terms and conditions, and if those additional terms and conditions conflict with this “Agreement”, those additional terms and conditions will control.
“We” reserve the right to modify or terminate the “Service” for any reason, without any notice and at any time. “We” reserve the right to refuse “Service” to anyone for any reason at any time.
Governing law and jurisdiction
The Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any dispute concerning it or its interpretation shall be adjudicated in that Jurisdiction.
“You” agree that there is no requirement to translate all or any portion of “Service”, “Product” or “Site” into any other language than the ones in which it appears. “You” further agree that all contractual and transactional communications between “You” and “Us” shall be in the English language, and that there is no requirement to translate any communication into any other language.
Privacy and Security
“We” will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. This is in accordance with GDPR.
“We” does not store any credit card information anywhere on our system. Credit Cards are processed directly via PayPal and any recurring payment profiles are stored and managed by PayPal.
your account: subject to any limitation on the number of individual users available under the service plan to which you subscribed, access and use of the service(s) is restricted to the specified number of individual users permitted under your subscription to the service(s). Each user shall be identified using unique login information such as usernames and passwords (“user login”) and such user login shall be used only by one individual. You are responsible for the confidentiality of your data and user login. You should, therefore, not share your user login with any third parties. In any event, unless you notify us of any unauthorized use or suspicious activity in your account, you are responsible for all activities that occur under your account. “We”will not be liable for any damage or loss that may result from your failure to protect your login information, including your password. Without limiting the foregoing, you are solely responsible for ensuring that your use of the “Service”(s) to store and transmit your data is compliant with all applicable laws and regulations. You also maintain all responsibility for determining whether the “Service”(s) or the information generated thereby is accurate or sufficient for your purposes.
Your use of the “Service”: You agree not to
- Your account contains invalid or fraudulent details;
- Attempts to resell or sublease any software or services without prior written permission;
- use the “Service”(s) to Process data on behalf of any third party other than Your Users and End- Customers;
- modify, adapt, or hack the “Service”(s) or otherwise attempt to gain or gain unauthorized access to the “Service”(s) or related systems or networks;
- falsely imply any sponsorship or association with Us;
- use the “Service”(s) in any unlawful manner, including but not limited to violation of any person’s privacy rights;
- use the “Service”(s) to send unsolicited communications junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages;
- use the “Service”(s) to store or transmit any content that infringes upon any person’s intellectual property rights;
- use the “Service”(s) in any manner that interferes with or disrupts the integrity or performance of the “Service”(s) and its components;
- attempt to decipher, decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any Software making up the “Service”(s);
- use the “Service”(s) to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libellous, obscene, or discriminatory;
- use the “Service”(s) to knowingly post, transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (“Malicious Software”);
- establish a link to Our Websites in such a way as to suggest any form of association, approval or endorsement on Our part where none exists;
- use the “Service”(s) for the purposes of cookie tracking, ad exchanges, ad networks, data brokerages, or sending electronic communications (including e-mail) in violation of applicable law;
- Try to use, or use the “Service”(s) in violation of these Terms.
- Uses excessive server resources;
- Uses obscene, offensive or inflammatory language when contacting the “Company” or dealing with the “Company” on any public forum
- Infringes copyrights or trademarks
- Promotes or assists any illegal activity
You shall be responsible for any loss of data or attempted or actual access or use of the “Service”(s) through your account in violation of these terms.
Subscription payments, refunds, upgrading and downgrading
- Your free trial period will end on upgrading to a paid account. You will be billed immediately for the first month after upgrading.
- A customer can upgrade their subscription at any time through the Billing and Subscriptions functionality, with the exception of longer-term packages
- Packages selected with 12 month periods cannot be downgraded until the final month of that period.
- If “you” cancels partway through a 6 or 12 month paid subscription, the account will be cancelled and the data will be deleted at the end of this period. Data can be deleted earlier if requested and confirmed in writing. No refunds will be issued outside of the 14-day initial Subscription period.
- if we inform you that a specified activity or purpose is prohibited with respect to the service(s), you will ensure that you immediately cease use of the service(s) for such prohibited activity or purpose.
- Payments for subscriptions are only applied once a customer has registered and subscribed for one of the software products or services provided by RichMelon. Payments will then be generated on a recurring subscription basis, based on the day a customer had originally subscribed and the chosen period. Invoices will be generated automatically for every payment, and are stored in Account details, allowing customers to be fully aware of payments made.
Cancellation and termination
- A customer is entitled to a refund within 14 days of their initial Subscription Date. Once a refund is issued, “We” will delete the customer’s details/databases and will deactivate the software. “We” will not provide any refunds after the initial 14 day period.
- Remote training sessions are considered services rendered and are not refundable
- Customers are entitled to cancel a subscription at any time. To cancel a subscription, a customer will need to log into the request by creating ticket and go through the cancellation procedure. An account will remain active until next billing date is due, and will be deactivated thereafter
- “We” has the right to suspend or terminate your account and current or future use of service due to any reason. Termination or suspension will result in deletion of your account
Changes to subscription plan pricing
- “We” reserves the right to change, delete or discontinue any service feature, temporarily or permanently without notice.
- “We” reserves the right to modify monthly or yearly subscription pricing. In such cases, we will provide a minimum period of 3 calendar months’ notice period to allow for adjustment to the change.
Changes to the “service”(s) and websites
Our “service”(s): we may update the “service”(s) from time to time and you may receive notifications of such upgrades, enhancements or updates (“updates”). Any new or modified features added to or augmenting or otherwise modifying the “service”(s) or other updates, modifications or enhancements to the “service”(s) are also subject to these terms and we reserve the right to deploy updates at any time.
Third party services and network connections: we are not responsible for notifying you of any upgrades, fixes or enhancements to any such services or for any compromise of data, including your data, transmitted across computer networks or telecommunications facilities (including but not limited to the internet) which are not owned, operated or controlled by us. You agree that we are not responsible for the reliability or performance of any services or connections as described in this sub-section.
Websites: we may also change content on our websites at any time. However, please note that any of the content on our websites may be out of date at any given time, and we are under no obligation to update it. For clarity, this sub-section refers to our websites excluding the “Service”(s). We may discontinue or change any part of our websites that does not affect the service, without notifying you. Our websites may contain links to websites, content and resources provided by third parties (“third party links”). These third party links are governed by their own terms and privacy policies and you agree that we have no control over these third party links and are not responsible for your access or use of these third party links.
“We” alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to “Our” Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, “Our” Technology or the Intellectual Property Rights owned by Smartus enterprise. The “Our” name, the “Our” logo, and the product names associated with the Service are trademarks of “Smartus enterprise” and no right or license is granted to use them.