This document sets forth the Wiseyes Solutions Sdn. Bhd.’s and its subsidiaries’ and associates’ (“Wiseyes”) End User License Agreement (this “Agreement”) for CommAlerts App, a mobile application (the “Application”), any of our related online services and any content owned or maintained by Wiseyes (collectively, the “Wiseyes Services”).
This Agreement does not govern privacy practices associated with offline activities or other Wiseyes’ applications or websites and is provided to you to help you make an informed decision about whether and how to use the Wiseyes Services.
As a visitor, user or subscriber to the Wiseyes Services, you can engage in many activities in Malaysia.
Any use of the Wiseyes Services by a visitor, user or subscriber from outside of Malaysia shall be deemed a violation of this Agreement.
IMPORTANT – YOUR USE OF THE APPLICATION IS CONDITIONAL UPON YOUR COMPLIANCE WITH THE FOLLOWING AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING THE APPLICATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF USE, ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THE APPLICATION AND THAT YOU ARE RESPONSIBLE FOR COMPLIANCE WITH THE SAME.
THE APPLICATION IS PROVIDED BY WISEYESS AND AVAILABLE ONLY TO ENTITIES AND PERSONS OVER THE AGE OF LEGAL MAJORITY WHO CAN FORM LEGALLY BINDING AGREEMENT(S) UNDER APPLICABLE LAW.
YOUR USE OF THE APPLICATION MEANS THAT YOU EXPRESSLY ACKNOWLEDGE AND AGREE WITH WISEYES THAT:
(a) USE OF THE APPLICATION IS AT YOUR SOLE RISK;
(b) THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW;
(c) PROVISION OF SERVICES OR INFORMATION IS NOT GUARANTEED AND MAY NOT BE THE LATEST OR UPDATED VERSION;
(d) WISEYES IS NOT RESPONSIBLE FOR CHECKING FOR QUALITY, ACCURACY, RELIANCE OF THE SERVICES PROVIDED,
THE APPLICATION AND THE SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WISEYES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
WISEYES DOES NOT CHECK FOR QUALITY, ACCURACY OR RELIANCE AND GIVES NO WARRANTY OF WHATSOEVER NATURE.
WISEYES DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WISEYES OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
NO INFORMATION OBTAINED BY YOU FROM THE APPLICATION SHALL CREATE ANY WARRANTY.
1. Limitation of Liability
The Application is offered for free until further amendment.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WISEYES, ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANY PARTY ACTING ON ITS BEHALF BE LIABLE FOR PERSONAL INJURY, DEATH, LOSS, DAMAGES, COSTS , EXPENSES OR ANY INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF REPUTATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR USE BY ANY PARTY AUTHORISED BY YOU OR ACTING ON YOUR BEHALF USE OR INABILITY TO USE THE APPLICATION OR THE SERVICES HOWEVER CAUSED WHETHER IN CONTRACT, TORT OR OTHERWISE AND EVEN IF WISEYES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDY STATED FOR YOU IN THIS AGREEMENT IS EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
In no event shall Wiseyes’ total liability to you for all damages exceed the amount of Ringgit Malaysia ONE (RM1.00) only. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
2. License & Ownership
Any and all intellectual property rights associated with the Application and its contents (the "Content") are the sole property of Wiseyes, its affiliates or third parties and Wiseyes does not grant to You any express or implied rights to any intellectual property. The Content is protected by the laws in both Malaysia and other countries. The Application is also protected by trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part and Wiseyes does not convey any interest in or to the Application.
The Application is licensed, not sold, to You for use only under the terms of this Agreement, unless a product is accompanied by a separate License Agreement, in which case the terms of that separate License Agreement will govern, subject to Your prior acceptance of that separate License Agreement.
3. Scope of License
The license granted under this Agreement is limited to a personal, non-transferable, non-sub-licensable, revocable - license to use or access the Application on any mobile device that You own or control and as permitted by the Usage Rules, terms and conditions set forth herein and/or the App Store or Google Play Store from which you downloaded the Application. (the “Usage Rules”).
You shall not:-
(i) redistribute, reproduce, republish, translate it into any language or computer language, re-transmitted in any form or by any means or make the Application available over a network where it could be used by multiple devices at the same time;
(ii) use or access any service, information, application or software available via the Application in a manner not expressly permitted by the terms in this Agreement;
(iii) input or upload to the Application any information which contains viruses, Trojan horses, worms, time bombs or other programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Application that infringes the intellectual property rights;
(iV) rent, lease, lend, sell, redistribute or sublicense the Application;
(V) copy (except as expressly permitted by this Agreement and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with THE APPLICATION). Any attempt to do so is a violation of the rights of Wiseyes,
If You breach this restriction, You may be subject to prosecution and damages. The terms of this Agreement will govern any upgrades provided by Wiseyes that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
4. Consent to Use of Data:
You agree that Wiseyes may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Application.
The license granted under this Agreement is effective until terminated by You or Wiseyes. Your rights under this Agreement will terminate automatically without notice from Wiseyes at Wiseyes’ sole discretion or no reason in its sole discretion even if access and use continues to be allowed to others, if You fail to comply with any term(s) of this Agreement. Upon termination of the license under this Agreement, You shall cease all use of the Application, and destroy all copies, full or partial, of the Application.
Accessing the Application after such termination shall constitute an act of trespass. Further, You agree that Wiseyes shall not be liable to You or any third party for any termination of Your usage or access to the Application.
6. Services; Third Party Materials
7. You understand that by using any of the Wiseyes Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that Wiseyes shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that Wiseyes is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Wiseyes does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Location data provided by any Wiseyes Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Wiseyes, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Wiseyes Services.
You agree that any Wiseyes Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Wiseyes Services. No portion of the Wiseyes Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Wiseyes Services, in any manner, and You shall not exploit the Wiseyes Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Wiseyes Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Wiseyes is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Wiseyes Services.
In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from Your device are only available in Malaysia. Wiseyes makes no representation that such services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Wiseyes, and its licensors, reserve the right to change, suspend, remove, or disable access to any services at any time without notice. In no event will Wiseyes be liable for the removal of or disabling of access to any such services. Wiseyes may also impose limits on the use of or access to certain services, in any case and without notice or liability.
8. You may not use or otherwise export or re-export the Application. By using the Application, you represent and warrant that you are not located in any country other than Malaysia. You also agree that you will not use these products for any purposes prohibited by Malaysian or international law.
9. The Application may utilize other products under license by Wiseyes such as software license, copyright or intellectual property, (whether registered or unregistered or pending registration of third parties.) You acknowledge such third party license(s) and/or rights and agree that you will not in any way interfere or breach such license(s) and/or rights.
10. The laws of Malaysia, excluding its conflicts of law rules, govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
11. Except as expressly provided in the provisions of this Agreement, a separate license or other written agreement between You and Wiseyes, this Agreement constitute the entire agreement between You and Wiseyes with respect to the use of the Application and any Wiseyes Services, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
12. You may preserve this Agreement in written form by printing them for Your records, and You waive any other requirement that this Agreement be evidenced by a written document.
13. Wiseyes may revise and update this Agreement at any time. Your continued usage of the Application after any changes to this Agreement will mean You accept those changes. Any aspect of the Application may be changed, supplemented, deleted or updated without notice at the sole discretion of Wiseyes. Wiseyes may also change or impose fees for products and services provided through the Application at any time in its sole discretion. Wiseyes may establish or change, at any time, general practices and limits concerning other Wiseyes Services in its sole discretion.
14. Wiseyes does not accept ideas, concepts, or techniques for new services or products through the Application. If such information are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) Wiseyes, its affiliates and its employees are under no obligation to keep such information confidential, and (c) Wiseyes will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such information in any manner it chooses.
15. You may not assign this Agreement or any of Your interests, rights or obligations under this Agreement. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any of the provisions in this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition
Privacy Related Inquiries and Complaints
Should you have any related inquiries or concerns regarding this Agreement, you may contact Wiseyes by mail/email to the address below:
Suite 12-03, Level 12, Menara MSC Cyberport,
No. 5, Jalan Bukit Meldrum,
80300 Johor Bahru, Johor, Malaysia.
Tel No.: +607 – 352 4168
This Agreement was last updated on 25.01.2018.