Terms Of Use
INTRODUCTION
DotDash Technologies Sdn. Bhd. (“we”, “us”, “our” or “DotDash”) is incorporated to provide Malaysians among others with Cloud IP PABX Solution,website and applications in respect of its products and services (DotDash Products And Services”).
These terms and conditions (“DotDash Terms And Conditions”) (comprises two main sections, being Section A on Privacy Policy; and Section B on Terms of Use) and shall govern the usage by any user of DotDash Products And Services (“you”, “your” or “Users”). References to DotDash Terms And Conditions shall include all subsequent variation and amendments made thereto.
Product names, logos, brands and other trademarks referred to in DotDash Products And Services are and shall remain the property of the DotDash or the respective owners, as the case may be.
To the extent permitted by law and unless provided otherwise herein, DotDash specifically excludes any and all liability for any loss or damage no matter how arising from the use of its Products And Services or of any website or applications.
SECTION A
PRIVACY POLICY
These privacy policy (“Privacy Policy”) of DotDash are applicable to the use of any of DotDash Products And Services.
By accessing DotDash Products And Services, you hereby consent to the processing of your personal data (if so provided by you) in accordance to the terms of our Privacy Policy by us and all persons involved in the provision of our services.
The “personal data” that you provide to us may include, inter alia, your name, contact details, address, email address, computer data, national registration identification number or passport number, bank account information, income tax details, employment details and history including details present and part income, marital status, gender, nationality, personal preferences, children details, particulars of your spouse or family members, names of family members and how related including personal and contact details of relative, directorship in companies, shareholding in companies, assets and liabilities, financial status, ownership of property, involvement in legal proceedings including details of such legal proceeding, solvency, physical, mental health or condition, politic opinions, religion beliefs or other beliefs of a similar nature, commission or alleged commission of offence and all other related information necessary and incidental to our service that have been or may be collected, stored, used and possessed by us from time to time.
The list of personal data stated above is not exhaustive and may include other personal data depending on the nature of dealings or transaction. The request for these other personal data will be indicated on the relevant form that you need to fill in, depending on the nature of the dealings or transactions, and for which you would need to give consent to prior to us processing the same.
General Information
DotDash protects your personal information by complying with the operative legislation concerning personal data protection in Malaysia. This privacy policy details how DotDash collects and uses your personal data, and informs you about the personal data protection measures we have put in place. When you get access to or use DotDash Products And Services, you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information in the manner described in this Privacy Policy.
Data that DotDash May Collect
Unless you are registered for DotDash Products And Services, you remain anonymous when you use DotDash Products And Services. In order to access our services or processing of any transaction, we may request for your personal data that renders you identifiable. Please refer to the definition of “personal data” in foregoing section.
DotDash collects personal information from you only when you choose to register for and/ or use DotDash Products And Services. By volunteering personal information, you undertake to communicate accurate information that does not prejudice the interest of any third parties.
How DotDash Uses Your Data:
Your personal data that DotDash collect allows us to process the necessary transaction in relation to DotDash Products And Services that you have opted for. Upon giving us consent, we may collect, use, disclose and otherwise process your personal data for the following purposes, depending on the nature of our relationship with you:
• To enable you to access and use DotDash Products And Services; and/or
• To personalize and improve aspects of our overall service to you and our other users, as well as carrying out research such as analyzing market trends and customer demographics; and or
• To communicate with you, in order to verify the personal information provided, or to request any additional information that is vital to fulfilling the service you have applied for; and/or
• To send you information about products and services which we think may be of interest to you; and/or
• To responding to your queries and requests; and responding to complaints; and/or
• For managing the infrastructure and our business operations and complying with our internal policies and procedures; and/or
• For verifying your identity; and/or
• For protecting and enforcing our contractual and legal rights and obligations; and/or
• Conducting audits, reviews and analysis of our internal processes, action planning and managing commercial risks; and/or
• Complying with any applicable rules, laws and regulations, codes of practice or guidelines or to assist in law enforcement and investigations by relevant authorities; and/ or
• To optimize and customize your user experience with our website; and/or
• To process your application for online subscription services; and/or
• To maintain your account with us; and/or
• To verify and process your personal details and payments in relation to provision of online subscription service to you; and/or
• To provide you with the services which you have signed up for; and/or
• To provide you the products which you have paid for; and/or
• To keep you posted on DotDash’s latest services or product announcements and upcoming events; and/or
• Resolving complaints and handling requests and enquiries; and/or
• Conducting market research for statistical, profiling and statistical analysis for the improvement of services provided to you; and/or
• To send important notices, emails, letters or short messaging service (SMS), like communications about purchases and changes to DotDash’s terms, conditions, and policies; and/or
• To share your personal data with third party providers for the purposes of (but not limited to) fulfilment of customer orders, processing and delivery of financial products to you; and/or
• For any of the purposes relating to the above.
All provision of personal data is on a voluntary basis. However, if you decide not to provide us with any of your personal data, we may not be able to provide you with DotDash Products And Services you request, the same which may, under certain circumstances, affect our business relationship with you.
Impact Resulting From Failure To Supply Data
All provision of personal data is on a voluntary basis. However, failure to supply personal data may affect our ability to deliver optimised user experience service to our registered users. In addition, failure to provide certain essential personal data may result in us being unable to provide you with the services and/or products that you have opted for.
Disclosure of Personal Data:
Personal data provided to us will generally be kept confidential but you hereby consent and authorize us to provide or disclose your personal data to the following categories of parties:
• any person or authority to whom we are compelled or required to do so under law, court order or in response to a competent or government agency;
• our business partners and online affiliates that provide the services that you have opted for or related services or products in connection with our website;
• members of our group companies and their affiliates;
• government agencies and industry regulators;
• our auditors, consultants, accountants, lawyers or other financial or professional advisers; and
• such sub-contractors or third-party service or product providers as we may determine to be necessary or appropriate.
Retention Of Personal Data
Collected information is retained for the period taken to fulfil the many different purposes outlined in this Privacy Policy unless a longer retention period is permitted or required by law. During this period, DotDash is committed to all reasonable efforts and practical steps to ensure that collected data is protected against any loss, misuse, modification, unauthorized or accidental access or disclosure, alteration or destruction. We undertake to protect the confidentiality of your data to the purposes set out in this policy, and therefore to ensure your data privacy. We will ensure that your personal data is permanently deleted once it is no longer required to fulfil its original purpose and any other ancillary purpose as you have consented to in this policy, or as is required by the law.
Accessing Data And Ensuring Accuracy
DotDash takes all reasonable steps to ensure that your information is accurate, complete, not misleading and kept up-to-date, consistent with the purposes for which the information was collected.
Please contact us via the contact details provided in this privacy policy if you would like to access or correct personal information that is inaccurate, incomplete, misleading or not up-to-date. We will use reasonable efforts to accommodate requests for access and information changes. Similarly, please contact us should you wish to withdraw consent for the use of your personal information.
Keeping You Informed
You agree that we shall be entitled to advise you via email, post, telephone or by text of products, services and other offers we think may interest you.
Whenever you provide us with personal information, we will give you an opportunity to tell us you do not consent to us and others using and sharing your information for marketing purposes. Unless you tell us otherwise, you are deemed to consent to such uses.
Any electronic marketing communications we send you will include clear and concise instructions to follow should you wish to unsubscribe at any time.
Should you:
• no longer wish to be contacted by us;
• wish to obtain further information on how to limit the processing of your personal data;
• wish to access or correct your personal data;
• have any further query; or
• wish to make a complaint in respect of your personal data,
you can advise us at any time by contacting DotDash data privacy officer.
You can also ask us at any time to stop passing your information to third parties for marketing purposes, which we will do.
Third Party Providers And Data Privacy
If you decide to enter into a contract with a third party provider through DotDash Products And Services our website or applications, the information you have provided to us together with any further information requested by, and supplied by you or us to the third party provider will be held by the provider for the purposes set out in that provider’s privacy policy. Therefore, you are strongly advised to read your chosen provider’s privacy policy and satisfy yourself as to the purposes for which the provider will use your personal information before entering into the contract. We shall bear no responsibility or liability for the uses to which a provider puts your personal information.
Third Party Information
In respect of personal data of third parties such as your spouse and/or any of your family members and/or the directors and/or shareholders of your company that you have provided to us, you warrant that you have obtained their consent allowing us to process their personal data and you will advise them to consult our personal data protection policy.
Data Transfer And Sharing
Where we consider it necessary or appropriate for the purposes of data storage or processing or providing any service or product on our behalf to you, we may transfer your personal data to another member of our group companies or third party service or product providers within or outside the country in which we are established, under conditions of confidentiality and similar levels of security safeguards.
Collection Of Computer Data Not Necessarily Personal Data:
When you visit DotDash website or applications, our servers will automatically record information that your browser sends whenever you visit a website or applications. This information may include:
• Your device’s IP address
• Browser type
• Cookies
• GTM Event Tag
• Webpage you were visiting before you came to our website
• The pages within DotDash Website that you visit
• The time spent on those pages, products and information searched for on our site, access times and dates, and other statistics
This information is collected for analysis and evaluation in order to help us improve our website and products we provide. Said information may be used in association with any other personal data.
Website Browsing And Cookies
A cookie is a very small text file placed on your computer. Cookies help us to:
• understand browsing habits on DotDash website or applications;
• understand the number of visitors to this website or applications and the pages visited; and
• remember you when you return to this website or applications so we can provide you with a better browsing experience.
In order for DotDash to customise user experience, we may track user behaviour on its websites by using “Cookies”.
Website or applications visitors who have yet to register as our user or have yet to log in as a user will be tracked anonymously. The data collected from such tracking will be generic and aggregated in nature and no individual data will be collected therefrom. In respect of registered users, DotDash will use cookies to gather data on our user’s preferences provided that such cookies are secure in nature and based on HTTP only.
If you have set your web browser to warn you before accepting cookies, you should receive a notice message with each cookie. You may decline the use of cookies by opting to turn them off in your web browser.
Visiting Our Website From Outside Malaysia
This Privacy Policy is intended to cover collection of information on DotDash Products And Services, from residents of Malaysia in Malaysia. If you are accessing DotDash Products And Services from outside Malaysia, please be aware that your information may be transferred to, stored and processed where our servers are located. The data protection and other laws of Malaysia might not be as comprehensive as those in your country.
SECTION B
TERMS OF USE
General
By accessing DotDash Products And Services and using its content, you acknowledge and agree that you have read and understood the following terms of use and you agree irrevocably to be bound by them. You are not to use DotDash Products And Services if you do not agree with these terms of use.
Use of Content
For avoidance of doubt, any usage or reliance by you of DotDash Products And Services shall strictly be at your own risk.
No Offer
No information on DotDash Products And Services is or should be interpreted as an offer or a solicitation for an offer, as investment, legal, tax, other advice or engagement in any transaction whatsoever. Where such is needed, an independent professional should be consulted.
No Duty To Update
All description of DotDash Products And Services is published as of the date indicated on the products and services only.
Copyright
All content of DotDash Products And Services is protected by intellectual property rights and copyright. All rights related to all of DotDash Products And Services, website or applications content are owned by DotDash and/or the respective owners. Therefore, you are prohibited from copying, modifying, displaying, distributing, transmitting, redelivering through the use of “framing” technology, publishing, selling, licensing, creating derivative works or using any site content for any purpose without the prior written approval of DotDash and/or the respective owners.
Trademarks, Service Marks and Logos
The trade mark, service mark, trade name, design, and/or any other marks appearing on the DotDash Products And Services are the property of DotDash and/or the owners.
You agree that you will not do any act which would or might damage or be inconsistent with the industrial and intellectual property rights, including, without limitation, any patent, know-how, trade mark, service mark, trade name, design, copyright in drawings, plans, specifications, designs and computer software contained in DotDash Products And Services.
No Warranty
All content on the DotDash Products And Services, including but not limited to graphics, text and hyperlinks or references to other sites, is provided on an “as is” basis without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement and freedom from computer viruses or other harmful components.
We do not warrant the adequacy, suitability, timeliness, accuracy, reliability or completeness of any information on DotDash Products And Services and expressly disclaim any liability for errors or omissions therein.
We do not warrant that the functions of the DotDash Products And Services will be uninterrupted and/or error-free, that defects will be corrected or that the DotDash Products And Services or the server that makes it available are free from computer viruses or other harmful components.
We take no responsibility for, and will not be liable for, our services being temporarily unavailable due to technical issues or any other reasons whatsoever.
Limitation of Liability
In no event shall DotDash’s liability, whether in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, punitive or special damages/losses arising out of or in any way connected with your access or use or inability to access or use the DotDash Products And Services or reliance on its content, or use of its material, or any failure of performance, interruption, defect, delay in transmission, computer viruses or other harmful components, or line or system failure associated with the DotDash Products And Services, regardless of our knowledge thereof shall exceed the amount that you have paid us for such affected DotDash Products and Services (“Capped Amount”). For the avoidance of doubt, we shall not be liable to you in any manner for any amount in excess of the Capped Amount.
Hyperlinked and Referenced Websites
Certain hyperlinks or referenced websites related to DotDash Products And Services may for your convenience forward you to third parties’ websites, which generally are recognized by their top level domain name. Their content has not been investigated or analysed by us, and we do not warrant the adequacy, suitability, accuracy, reliability or completeness of any information on hyperlinked or referenced websites. We further do not represent, warrant or guarantee that the hyperlinks or referenced websites are free from viruses and expressly disclaim any liability for any and all of their content and damages resulting from its use.
DotDash shall not be in any way responsible or liable for the content of any site owned by a third party that may be linked to its internet sites by hyperlink, whether such hyperlink is provided by DotDash or by a third party.
DotDash makes no representations whatsoever about any other internet site or products which you may access through DotDash Products And Services. Therefore please understand that it is independent, and that DotDash has no control over the content on that internet site. In addition, a link to a non-DotDash DotDash Products And Services does not imply that DotDash endorses or otherwise accepts any responsibility for the content, or the use, of the linked internet site.
By accessing DotDash Products And Services or website and applications, you also agree to abide by the proprietary guidelines set forth at any website accessed or hyperlinked to through the sites.
Local Legal Restrictions
The DotDash Products And Services are not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the DotDash Products And Services is prohibited. Persons in respect of whom such prohibitions apply must not access DotDash Products And Services.
Reservations Of Rights
We reserve the right to replace, change, modify, add to, or remove portions of these terms of use at any time. We shall have no obligation to notify or update you on the specifics of any amended terms, and it shall be your own obligation to study the amended terms upon each access.
Jurisdiction, Severability
Malaysian law shall govern all transactions and be applied to construe for all purposes to which these terms apply and you shall submit to the jurisdiction of the court in Malaysia.
Any action arising out of these terms or DotDash Products And Services shall be litigated in, and only in, courts located in Malaysia, and you agree to submit to the exclusive jurisdiction of those courts and further agree that they are the convenient forum for you.
In the event you have any dispute, controversy or claim against us arising out of the provision of our services, you shall notify us in writing and the parties shall attempt to negotiate in good faith to resolve the matter. The provision of the said notice and subsequent negotiations shall be a condition precedent to any right of action against us in Court or otherwise.
In the event that any of these terms is held to be unenforceable, illegal or invalid, the remaining terms shall remain in effect and shall not be affected or impaired thereby.
No Confidential Information
DotDash does not wish to receive confidential or proprietary information through DotDash Products And Services. Please note that any information or material sent to DotDash will be considered not confidential. By sending DotDash any information or material, you grant to DotDash an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information. You also agree that DotDash is free to use any ideas, concepts, know-how or techniques that you send DotDash for any purpose.
Disclaimers
There are no implied or express warranties on DotDash Products And Services. You assume the entire cost of all necessary servicing, repairs, or correction of any device damaged due to your accessing DotDash Products And Services. This disclaimer applies even if DotDash or its partners have been advised of the possibility of such damages.
No Reliance
While DotDash uses reasonable efforts to obtain information from sources which it believes to be reliable, DotDash makes no representation that the information or opinions in respect of DotDash Products And Services are accurate, reliable or complete. The information and opinions are provided by DotDash for personal use/reference and information only and are subject to change without notice. Nothing is provided by DotDash in relation to DotDash Products And Services shall constitutes investment, legal, tax or other advice nor is it to be relied on in making an investment or other decision. You should obtain relevant and specific independent professional advice before making any investment decision.
General Indemnification
You shall save harmless indemnify and keep us indemnified against any liabilities claims demands actions proceedings penalties prosecution fines loss damage costs and expenses whatsoever that may be made against and/or sustained suffered or otherwise incurred whether directly or indirectly or however arising by any party whatsoever by reason of or arising out of or in connection with your usage of DotDash Products And Services.
Terms of Service
Each of the Services shall be for an Initial Term of twelve (12) months, to commence on the Effective Date and shall be automatically renewed and extended on a monthly basis until terminated by either Party.
Terms of Termination
After the Initial Term, either party shall be entitled to terminate the services at any time by giving a thirty (30) days prior written notice to the other party. In the event the CUSTOMER cancels the Services prior to its Commencement Date, the CUSTOMER shall be liable to pay DotDash for Call usage Charges and/or any cost associated with the provisioning and subscription of the Services.
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A-10-12, Block A, Tropicana Avenue, No. 12, Persiaran Tropicana, 47410 Petaling Jaya, Selangor