DEFINITIONS AND INTERPRETATIONS
SalesMinded refers to the SAAS offering provided to subscribers via any of our marketing platforms and/or via any of our distributors. AccSellerate is the patent holder/developer and maintenance provider for SalesMinded SAAS platform. Subscribers are referred to as persons/companies/individuals which subscribe to SalesMinded are any of AccSellerate Sdn Bhd Products. SAAS ( Software as a Service) refers to a method of software delivery and licensing in which software is accessed online via a subscription, rather than bought and installed on individual computers, which in this case refers to the subscription of SalesMinded.
A: Terms of Service Agreement
ACCSELLERATE SDN BHD reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service, ACCSELLERATE SDN BHD will notify you by posting an announcement on the Solution and via email where possible. Amendments and modifications shall take effect immediately when posted on the Solution. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.
B :Payment Terms
Trial Accounts: Trial Accounts are provided free of charge to initial ( first time subscribers from a unique company) for a period of 30 days, companies which have already had a full 30 day subscription expire will not be allowed further trial accounts. During the trial period, subscribers are required to key in payment information and after finishing a 30 day period, subscribers will be notified of the impending switch to paid accounts. Yearly (Normal) Accounts: Yearly Accounts will be charged up front for the duration of 1 year (12 months) from the subscriber confirmation date. During this period subscribers may opt out of our service at any time, however please note that no refunds will be provided by AccSellerate Sdn. Bhd. at any time/amount for these accounts.
C :General Usage and Stored Content
1) You agree that you will not transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the Service that (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, profane, contains or depicts pornography that is unlawful, or is otherwise inappropriate as determined by us in our sole discretion, (ii) you know is false, misleading, untruthful or inaccurate, (iii) constitutes unauthorized or unsolicited advertising, (iv) impersonates any person or entity, including any of our employees or representatives, or (v) includes anyone's identification documents or sensitive financial information
2) We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
3) In using the Services, Subscribers must comply with, and refrain from violations of, any right of any other person, entity, law, or contractual duty, including without limitation the laws of the United States and the laws of Malaysia, and including without limitation those laws forbidding: (a) distribution of child pornography, (b) forgery, identity theft, misdirection or interference with electronic communications, (c) invasion of privacy, (d) unlawful sending of commercial electronic messages or other marketing or electronic communications, (e) collection of excessive user data from children, or other improper data collection activities, (f) securities violations, wire fraud, money laundering, or terrorist activities, or (f) false advertising, propagating or profiting from frauds and unfair schemes. Subscribers will also comply with the affirmative requirements of law governing use of the Services, including but not limited to: (i) disclosure requirements, including those regarding notification of security breaches, (ii) records maintenance for regulated industries, and (iii) financial institution safeguards.
4) Subscribers may not use the Services to distribute, receive communications or data gleaned from, or execute any action directed by any type of injurious code, including but not limited to: (i) trojans, (ii) key loggers, (iii) viruses, (iv) malware, (v) botnets, (vi) denial of service attacks, (vii) flood or mail bombs, (viii) logic bombs, or (ix) other actions which ACCSELLERATE SDN BHD reserves the sole right to determine to be malicious in intent.
5) Subscribers may not use the Services in a manner that would violate the lawful privacy rights of any person, or to publish or republish defamatory or libelous statements, or to harass or embarrass, which shall be determined in ACCSELLERATE SDN BHD's sole and absolute discretion.
6) ACCSELLERATE SDN. BHD. will endeavour to protect passwords and personal data protection for all users of the system. However any breach due to poor password maintenance and improper usage and sharing of passwords will not be the responsibility of AccSellerate Sdn. Bhd.
D :Copyright and Claims
1) You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
2) ACCSELLERATE SDN. BHD. holds all copyrights for the system usage, design, deployment and back-end services execept for certain components used in this solution which are provided with MIT licenses. ACCSELLERATE SDN. BHD. QSP may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
1) By accepting and renewal of yearly maintanence fees, users are eligible to :
i) Solution Updates for modules subscribed - Solution updates include GUI, Workflow and any associated system updates.
ii) Security Updates/Upgrades for all modules subscribed.
iii) Issue and bug resolutions
iv) Maintenance includes support during office hours. Issue rectification will be typically upon 24~72 hours of notification unless of serious system downtime. For support services, please email email@example.com for issue and bug complaints and for communication regarding fixes.
2) ACCSELLERATE SDN. BHD. will not be held liable for any losses (perceived or otherwise) amounting from system downtime and errors due to bug's or system errors which may occur. (Please refer to section F AND G for warranty and Limitation of Liabilities)
3) By using this services, user accepts that services may be terminated upon non payment of yearly maintanence fees. As such, ACCSELLERATE SDN BHD is not liable to any losses (perceived or otherwise) amounting from the discontinuation and termination of services. (Please also refer to Section G for Limitation of Liability's)
G :Refund Policies
Trial Account Subscribers:
For trial account subsrcibers, you can cancel your subscription at any time and not incur any charges on your subscription with us. Other Accounts: We do not provide refunds on subscriptions accounts which are not in our trial mode.
The services, including without limitation any information delivered as part of the services, and content are provided "as is", "as available" and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, non-interference with data, availability, accuracy, that you will have continuous, uninterrupted or secure access to any of AccSellerate Sdn. Bhd. solutions or that the services are error free and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We, and our directors, employees, agents, suppliers, partners, distributors and content providers do not warrant that:
(i) the services will be secure or available at any particular time or location;
(ii) any defects or errors will be corrected;
(iii) any content or software available at or through the services is free of viruses or other harmful components; or
(iv) the results of using the services will meet your requirements.
Your use of the services is solely at your own risk. The services contain information provided by one or more third party data providers. ACCSELLERATE SDN BHD does not control and is not responsible for the information provided by any such third-party provider. You acknowledge and agree that neither ACCSELLERATE SDN BHD nor any such third-party provider has any obligation to correct information about you except as required by applicable law.
Information you request may not be available or may not be provided, and ACCSELLERATE SDN BHD has no liability for such failure.
In no event will ACCSELLERATE SDN BHD warrant or guarantee the correctness, comprehensiveness, completeness, accuracy, timeliness of any information, products, or services on this website.
I :Limitation of Liability
To the extent permitted by applicable law, you release us from all liability for you having acquired or not acquired content through the services. We will not be responsible or liable for the accuracy, solution formulas and derivatives, solution workflow and methodologies, copyright compliance, or legality of material or content contained in or accessed through the services. In no event shall we, nor our directors, employees, agents, partners, suppliers, distributors or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services
(i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising),
(ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or
(iii) for any direct damages in excess of (in the aggregate) of fees paid to us for the particular services during the immediately previous one month period, even if ACCSELLERATE SDN BHD had been advised of, knew, or should have known, of the possibility thereof.
Subscriber acknowledges that the fees paid by him,her or organization reflect the allocation of risk set forth in this agreement and that ACCSELLERATE SDN BHD would not enter into this agreement without these limitations. Subscriber hereby waives any and all claims against ACCSELLERATE SDN BHD arising out of subscriber's purchase or use of the services, or any conduct of ACCSELLERATE SDN BHD's directors, officers, employees, agents or representatives. Your sole and exclusive right and remedy in case of dissatisfaction with the services or any other grievance shall be your termination and discontinuation of access to or use of the services..
In addition, you agree that ACCSELLERATE SDN BHD is not responsible for any data compiled by our services and that ACCSELLERATE SDN BHD will not be liable, in any manner, as a result of your exposure to any defamatory, libelous, threatening, unlawfully harassing, obscene or otherwise unlawful content or data. In no event shall ACCSELLERATE SDN BHD, or any third party provider of any component of the services or of any information delivered as part of the services, be liable to you and/or any party for any damages of any kind, including but not limited to direct, indirect, special, exemplary, punitive, consequential or similar damages arising out of or related to the services, content, products, the use or inability to use this website, or any linked website, including without limitation, lost profits, loss of use, business interruption, or other economic losses, loss of programs or other data, whether in an action of contract, negligence or other tortious action, even if ACCSELLERATE SDN BHD is advised of the possibility of such damages, including liability associated with any viruses which may infect your computer equipment.