Using Ask4key Application and Site Terms of Service
This agreement describes how you are allowed to use the Application. If you accept this agreement you can use the Application only as described in this agreement and the applicable documentation. Please make sure you are happy with all the terms in this agreement before you install the application.
You indicate that you agree to all the terms of this agreement from the earliest date you tick a box or click on a button (or something similar) to signify your acceptance, or you install, access or use any of the Software. If you don’t accept this Agreement, you should contact us immediately and not install, access or use the application in any way.
Ask4key Sdn Bhd may at any time amend this Agreement without notice. You are responsible for reviewing this Agreement and the Website periodically for any such changes. If you continue to use application, the Website and Applications after changes are made, you are deemed to have accepted the amended Agreement.
This Agreement is concluded by:
Ask4key Sdn. Bhd (Company No. 1082737-D; GST number 000159670272) a company incorporated in Malaysia under the Companies Act 1965 and having its registered office at 50480 Kuala Lumpur, Malaysia (hereinafter referred to as “Ask4key”) and you, the person, business entity or sole trader, using the “Software”, shall to the extent relevant, include any of your employees or Registered Users using the “Software”.
You and Ask4key agree as follow:
- Definitions and interpretations
1.1. “Agreement” means these terms and conditions of use, as published and amended from time to time on the Website and/or Applications;
1.2. “Applications” means the desktop applications through which Ask4key Sdn Bhd that provision by us to you
1.3. “Confidential Information” includes all information exchanged between the parties to this Agreement, whether in writing, electronically;
1.4. “Intellectual Property” means any domain names, patent, trademark, service mark, industrial design, know-how, copyright including content, software, database, text, graphics, icons, hyperlinks and moral right, and any other intellectual or industrial property, anywhere in the world whether or not registered;
1.5. “Registered User” means any individual permitted by access to use the Application
- Registration and use of Application
2.1. We grant a non-exclusive license to you to use the object code of the application in accordance with this agreement
2.2. To use the application you must activate it, re-activate it at the end of the license period if you want to continue using it and pay the then current fees by using an ‘activation code’
2.3. When you register, you agree to provide, true, accurate, up-to-date and complete User Information as required by the relevant registration made available to you via Website or Applications
2.4. You are solely responsible for the activity that occurs on your Account, and for keeping your Account user ID and password secure. You may never use another person’s user account or registration information for the software without permission
2.5. You may not use (or try to use) the Software in a way which we have not specifically allowed and copy any part of the Software, or allow anyone else to.
2.6. The Software may include a feature which you can enable to automatically check our website for Updates and to apply them to the Software. If you use it, certain information will be collected and recorded by us from your system.
2.7. The Software must only be used: for your legitimate internal business purposes and with your own information or the demonstration data supplied with the Software
2.8. You may use the application in the course of using Sage and Microsoft product. And your use of Sage and Microsoft product is subject between you and Sage and Microsoft software license agreement.
- Installation and Workstations
3.1. Application may only be used on a specified number of computers (sometimes referred to as ‘installations’) then you may only install and use the Software on and up to that specific number of computers and you may not transfer the Software to a different computer after it has been installed unless we agree otherwise
3.2. You can load and use the application on a computer network (for access by your number of authorized Users) as long as we have agreed at the outset and as long as you use the application in accordance with this agreement. The performance of the network may affect the performance of that application.
- Intellectual Property Rights
4.1. All right, title, ownership, benefit and interest in and to, and all Intellectual Property in the software, the design and content, Applications and any documentation relating thereto remain the property of Ask4key Sdn Bhd. All rights to Intellectual Property in respect of software are reserved. The exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction of the Intellectual Property by any means and in any form, in whole or in part, and to make the Intellectual Property available to the public, and to distribute any copyright protected material shall remain with Ask4key Sdn bhd.
- Technical Support
5.1. Support services are available through Ask4key helpdesk, which is operational 8 X 5 Business Hours. Upon reporting the incident (via web), the incident will be assigned a unique Case ID number and such number must be used in all future correspondence until the item is resolved.
5.2. Ask4key will provide the Support in a professional and workmanlike manner, but does not guarantee that every question or problem raised will be resolved. Ask4key’s obligation to provide Support does not include services requested as a result of causes or errors which are not attributable to Ask4key
6.1. Ask4key makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, you or your company’s personal information or material and information transmitted over our service
7. LIMITATION OF LIABILITY
7.1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY OR THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES
7.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ASK4KEY’S AGGREGATE LIABILITY TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH ANY SUBSCRIPTION TO, OR USE OF THE SERVICES, SHALL IN NO EVENT EXCEED THE SUBSCRIPTION FEES PAID TO ASK4KEY DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE SUBSCRIPTION FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF ASK4KEY WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. ASK4KEY HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE CUSTOMER THE RIGHT TO ACCESS AND USE THE SERVICES.
8.1. Ask4key will indemnify and hold Customer harmless, from and against any claim against Customer by reason of Customer’s use of the Services as permitted hereunder, brought by a third party alleging that the Services infringe or misappropriate a third party’s valid patent, copyright, trademark or trade secret at ask4key with reasonable fees and expenses.
Customer will indemnify and hold Ask4key harmless against any claim brought by a third party against Ask4key arising from or related to Customer’s breach of Section 2/3/4 of this Agreement
9. Force Majeure
9.1. Ask4key shall have no liability for any breach of this Agreement, that is due in whole or in part to the inability to provide the Services to Customer as a result of (i) an event of Force Majeure; (ii) acts or omissions by Customer or its staff, officers, agents, or contractors that are in contravention of this Agreement (e.g. deliberate self-infliction, including deliberate downloading of viruses); or (iii) acts or omissions of any third parties. For purposes of this Agreement, “Force Majeure” shall mean any delay, failure in performance, loss or damage due to: fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism, acts of God, acts or omissions of internet traffic carriers (or other problems inherent in the use of the internet or electronic communications), acts or omissions of regulatory or governmental agencies, or other such causes beyond either party’s reasonable control.
- Term and Termination
10.1. You may use the Software for the license Period. You will not be allowed to use the Software after the license Period ends unless we extend your right to use it. The way we extend your right to use the Software will depend on the Software you are using. We (or your supplier) will tell you how to extend your right to use the Software in each case.
10.2. You may end this agreement at any time by writing to tell us and once acknowledged by us, the agreement may end. Such termination will mean all sums owed to us become immediately due and you will not be entitled to any refund. If you are paying for technical support or any other service from us and you want to end that service, you should read the terms for that support or service to find out how to stop that particular service.
- General terms
11.1. If you have bought a license for a number of our software products under this agreement, the extent of your rights to use each software product may be different depending upon your choice of software and the fees you pay. We will tell you the extent of your license for each individual software product at the time you buy your license and the terms of this agreement will apply to that individual software product as appropriate.
11.2. From time to time we may change this agreement by telling you that we have changed it. If you do not agree with those changes, please contact us as soon as possible. If you buy any other product or service relating to the Software from us or your software supplier, after we have told you that we have changed this agreement, we will consider you to have accepted those changes.
11.3. This agreement is governed by the law of Malaysia