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Terms Of Service (Customer)

Introduction
1. For the purposes of this Terms of Service (Customer) (“Terms of Service”), the operator of https://www.myadvansoft.com, its subsidiaries and/or affiliates shall collectively be referred to as “Advansoft”, “we”, “us” or “our”.
2. This Terms of Service shall be read together with the General Terms and Conditions and all references made in the General Terms and Conditions shall apply to this Terms of Service.
3. The Services provided or made available by Advansoft, namely the Advansoft Platform (collectively referred to as “Services”) include: (a) the platform known as https://www.myadvansoft.com (“Platform”); (b) the services provided by the Platform and by the software or functions made available through the Platform. Any new features added to or augmenting the Services are also subject to these Terms of Service.
4. Before becoming a Customer of the Platform, you must read and accept all of the terms and conditions in, and linked to, the General Terms and Conditions and this Terms of Service and you must consent to the processing of your personal data as described in the Privacy Notice linked hereto.
5. Advansoft reserves the right to change, modify, suspend or discontinue all or any part of this Platform and/or the Services at any time or upon notice as required by local laws. Advansoft may release certain Services or new features in a beta version, which may not work correctly or in the same way the final version may work, and Advansoft shall not be held liable in such instances. Advansoft may also impose limits on certain features or restrict your access to parts of, or the entire, Platform and/or Services in its sole discretion and without notice or liability.
6. Advansoft reserves the right to refuse to provide you access to the Platform and/or Services or to allow you to open an Account for any reason.
7. BY USING THE PLATFORM, THE SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THIS TERMS OF SERVICE, INCLUDING ANY ADDITIONAL AND/OR UPDATED TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
8. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE PLATFORM. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (“LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THIS TERMS OF SERVICE. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THIS TERMS OF SERVICE ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR THE SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
Privacy
1. Your privacy is very important to us at Platform. We have provided the Privacy Notice in the Platform to explain our privacy practices in detail. Please review the Privacy Notice to understand how Advansoft collects and uses the information associated with your Account and/or your use of the Services. By using the Services or providing information on the Platform, you expressly consent to Advansoft’s collection, use, disclosure and/or processing of your personal data as described in the Privacy Notice.
Accounts and Security
1. Some functions of our Services require registration for an Account by selecting a unique user identification (“User ID“) and password, and by providing certain personal information. If you select a User ID that Advansoft, in its sole discretion, finds offensive or inappropriate, Advansoft has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, Platform, or services to which we have enabled access or with which we have tied up or collaborated. Advansoft has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, platforms, apps or services. If you do so, the terms of service for those products, platforms, apps or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Notice, may also apply to your use of those products, platforms, apps or services.
2. You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Platform, (c) immediately notify Advansoft of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Advansoft will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
3. You agree that Advansoft may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Platform any Content associated with your Account and User ID, withdraw any bonuses, points and/or such other rewards in any like form offered to you, cancel any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any credits or refunds, and/or take any other actions that Advansoft deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying products/services on the Platform for the purpose of commercial re-sale, (f) voucher/reward abuse (including, but not limited to, selling of vouchers/rewards to third parties, selling of vouchers/rewards or other credits at a significant markup above face value and/or abnormal or excessive use of vouchers/rewards on the Platform), or (g) behaviour that is harmful to other users, third parties, or the business interests of the Platform. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Platform and/or Services for any reason whatsoever and howsoever, Advansoft may terminate your Account immediately with or without notice.
4. You may terminate your Account if you notify Advansoft in writing (including via email at support) of your desire to do so. Notwithstanding any such termination, you remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), payment for the service, or the like, and you must contact Advansoft after you have promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Advansoft shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. You waive any and all claims based on any such action taken by Advansoft.
5. You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.
Term of Use
1. The license for use of this Platform and/or the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service and/or the General Terms and Conditions. In any such event, Advansoft may affect such termination with or without notice to you.
2. You acknowledge, consent to and agree that Advansoft may access, preserve and disclose your Account information, personal data, content to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over the Platform or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Platform, its users, other sellers/service providers and/or the public.
3. Advansoft grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Platform are the property of Advansoft and where applicable, third party proprietors identified in the Platform. No right or licence is granted directly or indirectly to any party accessing the Platform to use or reproduce any Intellectual Property, and no party accessing the Platform shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Platform and its content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Platform and/or its content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Platform).
Violation of Our Terms of Service
1. Violations of this Terms of Service may result in a range of actions, including, without limitation, any or all of the following:-
  1. Processing your application for products and/or services, effecting transactions, payments and completing instructions or requests;
  2. Communicating with you including but not limiting to your enquiries;
  3. Providing products and/or services to you;
  4. Managing and maintaining your account with our Platform;
  5. Operational purposes;
  6. Conducting customer due diligence checks as required by law and regulations, if any;
  7. Marketing and promotional purposes provided by us and/or our merchants;
  8. Statistical purposes;
  9. Establishment, continuation and management of your account with us; and
  10. Handling and investigating complaints and/or resolving disputes.
2. If you believe a User or Seller/Service Provider on our Platform is violating these Terms of Service, please contact help @ +603 89941188.
To whom we may disclose personal data
1. Any member of Advansoft, including our employees, agents, service providers and advisers, may disclose your Personal Data to any of the following parties for any of the purposes specified below:
  1. Limits placed on Account privileges;
  2. Account suspension and subsequent termination;
  3. Criminal charges;;
  4. Civil actions, including without limitation a claim for damages and/or interim or injunctive relief.
2. Personal data collected may be transferred, stored and processed in any country in which Advansoft operates. You are deemed to have agreed to, consented to and authorized us to disclose and/or transfer your Personal Data under the circumstances stated above, without further notification to you.
Purchase and Payment
1. Advansoft supports one or more of the following payment methods in each country it operates in:-
  1. Credit Card
    Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
  2. Bank Transfer
    You may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our designated Advansoft’s Account as follows:-
    
    Bank : Public Bank Berhad
    
    Account Holder : Advansoft Sdn Bhd
    
    Account Number : 3144005802
    
    If applicable, you must provide Advansoft with the transfer receipt or payment transaction reference for verification purposes through the ‘Upload Receipt’ function found in the Platform as payment confirmation. If payment confirmation is not received by Advansoft within three (3) days, your order will be cancelled.
  3. Such other payment method as may be determined by Advansoft from time to time.
2. You may change your preferred mode of payment for your purchase prior to making payment.
3. Advansoft takes no responsibility and assume no liability for any loss or damages to you arising from payment information entered by you or wrong remittance by you in connection with the payment for the items purchased. We reserve the right to check whether you are duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
Delivery
1. After Advansoft has received your payment, Advansoft will then make the necessary arrangements to have the goods/services delivered directly to you.
2. Delivery of the goods/services shall be made to the address specified by the Customer in its order.
3. Advansoft has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the goods/services to any other party as it may from time to time decide without giving notice of the same to the Customer.
4. Any dates quoted for delivery of the goods/services are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and Advansoft shall not be liable for any delay in delivery or performance howsoever caused.
5. If Advansoft has failed to deliver the goods/services in accordance with the Contract or within a reasonable time, the Customer shall, by serving a written notice to Advansoft, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If Advansoft fails to do so within the specified time, the Customer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered goods/services.
Cancellation and Refund
1. Subject to Section 8.2 below, you may cancel your order any time prior to the delivery of goods/services.
2. You may only apply for the cancellation of the goods/services in the following circumstances:-
  1. The goods/service has not been received by you within the period of time as agreed not attributable to your fault and/or default;
  2. The goods/services delivered to you is grossly unsatisfactory;
  3. The goods/service delivered to you is materially different from the description as provided;
3. Your application must be submitted to Advansoft through the designated email/phone number as determined by Advansoft within 3 business days from the order received date and Advansoft will review your application on a case-by-case basis and in its sole discretion, determine whether your application is successful.
4. If your application is approved by Advansoft, subject to the terms and conditions as stated herein, Advansoft will arrange for the refund of such monies paid (excluding the non-refundable deposit paid and the transaction fees charged, if any, which shall be deemed as agreed administrative charges to Advansoft) to your designated account within twenty-eight (28) days of the cancellation and refund request being approved.
5. Advansoft reserves the right to cancel any transaction on the Platform without the need to assign any reason whatsoever and you hereby agree that your sole remedy will be to receive a refund of monies paid to Advansoft.
Disputes
1. In the event a problem arises in a transaction, Advansoft and you agree to communicate with each other first to attempt to resolve such dispute by mutual discussions. If the matter cannot be resolved by mutual discussions, you may approach the claims tribunal of your local jurisdiction to resolve any dispute arising from a transaction.
Feedback
1. Advansoft welcomes information and feedback from our users which will enable Advansoft to improve the quality of service provided. Please refer to our feedback procedure below for further information:-
  1. Feedback may be made in writing through email to or using the feedback form found on the Platform;
  2. Anonymous feedback will not be accepted.
  3. Customers affected by the feedback will be fully informed of all facts and given the opportunity to put forward their case.
  4. Vague, offensive, abusive and defamatory feedback will not be entertained.
Disclaimers
1. THE PLATFORM ARE PROVIDED STRICYLY ON “AS-IS” BASIS AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY ADVANSOFT OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE PLATFORM, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADVANSOFT DOES NOT WARRANT THAT THE PLATFORM OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS PLATFORM AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
2. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PLATFORM REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
3. ADVANSOFT HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF THE PLATFORM. IF THERE IS A DISPUTE INVOLVING ONE OR MORE CUSTOMERS AND/OR SELLERS/SERVICE PROVIDERS, SUCH CUSTOMERS AND/OR SELLERS/SERVICE PROVIDERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE ADVANSOFT, ITS PARENT COMPANY, AFFILIATES AND ASSOCIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
Exclusions and Limitation of Liability
1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADVANSOFT BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE [WHETHER ACTIVE, PASSIVE OR IMPUTED], PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
  1. LOSS OF USE;
  2. LOSS OF PROFITS;
  3. LOSS OF REVENUES;
  4. LOSS OF DATA;
  5. LOSS OF GOOD WILL;
  6. FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
  7. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS PLATFORM AND/OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF ADVANSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. SUBJECT TO THE TERMS AND CONDITIONS HEREINMENTIONED, YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE PLATFORM IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE PLATFORM.
3. IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, ADVANSOFT IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS NOT EXCEEDING TRANSACTION FEES PAID TO ADVANSOFT; OR (B) RM100.00 (RINGGIT MALAYSIA ONE HUNDRED) ONLY, WHICHEVER SHALL BE THE LOWER.
4. NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ADVANSOFT’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF ADVANSOFT THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
Your Representations and Warranties
1. You represent and warrant that:-
  1. you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and
  2. you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.
Fraudulent or Suspicious Activity
1. If Advansoft, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect Advansoft, other users or service providers, other third parties or you from claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
  1. We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;
  2. We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Malaysia or elsewhere and directed to Advansoft;
  3. We may refuse to provide the goods/services to you now and in the future;
  4. We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Advansoft or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
Indemnity
1. You agree to indemnify, defend and hold harmless Advansoft, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties“) from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Platform, or any dispute in relation to such transaction, (b) the hosting, operation, management and/or administration of the Services by or on behalf of Advansoft, (c) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (d) your misuse of the goods/services, (e) your breach of any law or any rights of a third party, or (f) any content uploaded by you.
Severability
1. If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
Governing Law
1. These Terms of Service will be governed by and construed under the laws of the Malaysia. Each party accessing this Platform hereby submits to the exclusive jurisdiction of the courts of Malaysia and waives any jurisdictional, venue or inconvenient forum objections to such courts.
General Provisions
1. Advansoft reserves all rights not expressly granted herein.
2. Advansoft may modify these Terms of Service at any time by posting the revised Terms of Service on this Platform. Your continued use of this Platform after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
3. You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
4. Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Advansoft, nor does it authorise you to incur any costs or liabilities on Advansoft’s behalf.
5. The failure of Advansoft at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
6. These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Advansoft’s parent, affiliates and subsidiaries (and each of Advansoft’s and its affiliates’ and subsidiaries’ respective successors and assigns).
7. The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Platform and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
8. You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
9. If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Platform, please contacts us at: +603-89941188.

Last updated: 26-11-2022

Terms Of Service (Customer)

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Bank	: Public Bank Berhad
Account Holder	: Advansoft Sdn Bhd
Account Number	: 3144005802