Terms and Conditions

 

PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THIS TREEZSOFT TERMS AND CONDITIONS ("AGREEMENT") CAREFULLY. BY CLICKING A BOX ON TREEZSOFT WEBSITE INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU CANNOT BECOME A REGISTERED TREEZSOFT USER.

 

 

Definitions

"TreezSoft"

Means TreezSoft.com, which is headquartered in Malaysia.

 

"Agreement"

Means this Terms of Use.

 

"Services"

Means any usage of registered accounts or subscribed services related to TreezSoft, as a company or as services.

 

"Trial Period"

Means a period of usage where no Access Fees will be charged to the Users/You.

 

"Access Fees"

Means the monthly fee (excluding any taxes and duties) payable by You in accordance with the fee schedule set out on the Website (which TreezSoft may change from time to time on notice to You).

 

"Organisation"

Means a profit/non-profit party which registers itself/themselves to the services provided by TreezSoft.

 

"Third-Party"

Means any other services provider whom has no direct relationship with TreezSoft.

 

"Users/You", "Invited User"

Means the person whom registered or subscribed to the Services, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.

 

REGISTERED TREEZSOFT USER TERMS AND AGREEMENT

 

1.    Terms of Use: By becoming a Registered TreezSoft User. TreezSoft grants You the right to access and use the Service via the Website. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between You and Your Invited Users, or any other applicable laws:

1.1. You determine who is an Invited User and what level of user role access to the relevant organisation and Service that Invited User has;

 

1.2. You are responsible for all Invited Users' use of the Service;

 

1.3. You control each Invited User's level of access to the relevant organisation and Service at all times and can revoke or change an Invited User's access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;

 

1.4. If there is any dispute between You and an Invited User regarding access to any organisation or Service, You shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.

 

2.    Your Obligations

2.1.  Payment obligations:

2.1.1.   An invoice for the Access Fee will be issued on the 5th calendar day of every month.

 

2.1.2.   You will be invoiced the Access Fee for the preceding one month for all the subscribed organisation. Any subscribed organisation that started subscribing within the preceding month will have its monthly Access Fee prorated beginning from the date it started till the end of the month.

 

2.1.3.   TreezSoft will continue to invoice You monthly until this Agreement is terminated in accordance with clause 3. All TreezSoft invoice will be sent to You, or to a Billing Contact whose details are provided by You, by email. You must pay or arrange payment of all amounts specified in any invoice by the due date for payment and are payable within 10 days of the invoice date. You are responsible for payment of all taxes and duties in addition to the Access Fee.

 

2.2. Protecting your username and password

2.2.1.   User ID and Password: You must ensure that all user IDs and passwords required to access the Service are kept secure and confidential. You must immediately notify TreezSoft of any unauthorised use of Your passwords or any other breach of security and TreezSoft will reset Your password and You must take all other actions that TreezSoft deems necessary to maintain or enhance the security of TreezSoft's computing systems and networks and Your access to the Services.

 

2.3. General

2.3.1.   As a condition of these Terms, when accessing and using the Services, You must:

 

2.3.1.1.       not attempt to undermine the security or integrity of TreezSoft's computing systems or networks or, where the Services are hosted by third party, that third party's computing systems and networks;

 

2.3.1.2.       not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;

 

2.3.1.3.       not attempt to gain unauthorized access to any material other those to which You have been given express permission to access or to the computer system on which the Services are hosted;

 

2.3.1.4.       not transmit, or input into the Website, any files that may damage any other person's computing devices or software, content that may be offensive , or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and

 

2.3.1.5.       not attempt to modify, copy, adapt , reproduce , disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary of use either of them for normal operation.

 

3.    Termination:

3.1.   TreezSoft may terminate this Agreement or suspend the Services provided to you based on the condition or circumstances below: Condition/circumstance

3.1.1.   if you fail to comply with the terms or if you no longer agree to the terms.

 

3.1.2.   Upon termination you will have limited access to the Account. Any outstanding payments will become due.

 

3.1.3.   Any termination of this Agreement shall not affect TreezSoft's rights to any payment due to it.

 

3.1.4.   Other requirements regarding termination or cancellation of the Services may apply based on the specific ordering terms for the Services provided to you.

 

4.    Notification:

4.1. Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to TreezSoft must be sent to support@TreezSoft.com or to any other email address notified by email to You by TreezSoft. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.

 

5.    Intellectual property

5.1. General:

5.1.1.   Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of TreezSoft.

 

5.2. Ownership of Data:

5.2.1.   Title to, and all Intellectual Property Rights in the Data remain Your property. However, Your access to the Data is contingent on full payment of the TreezSoft Access Fee when due. You grant TreezSoft an access to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.

 

5.3. Backup of Data:

5.3.1.   You must maintain copies of all Data inputted into the Service. TreezSoft adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. TreezSoft expressly excludes liability for any loss of Data no matter how caused. (Refer to Clause 6.)

 

5.4. Third-party applications and your Data.

5.4.1.   If You enable third-party applications for use in conjunction with the Services, You acknowledge that TreezSoft may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. TreezSoft shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.

 

6.    Liability, warranties, and indemnity

6.1. Liability

6.1.1.   TreezSoft shall under no circumstances be liable for any of the following: (a) special, indirect, incidental, or consequential damages, including without limitation, damages resulting from delay of delivery or from loss of profits, data, business or goodwill, on any theory of liability, whether arising under tort (including negligence), contract or otherwise; (b) damages relating to failure of telecommunications, the interent, electronic communications, corruption, security, loss or theft of data, viruses, spyware, or use of software or hardware that does not meet TreezSoft system requirements, whether or not TreezSoft has been advised or is aware of the possibility of such damages. TreezSoft's entire liability for direct damages under this agreement is limited to fifty Ringgit Malaysia (MYR50.00).

 

6.2. No warranties:

6.2.1.   TreezSoft gives no warranty about the Services. Without limiting the foregoing, TreezSoft does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties.

 

6.3. Indemnity

6.3.1.   You will indemnify TreezSoft against all claims, charges, costs, damages or losses arising from Your breach of any of these Terms or any Obligations You may have to TreezSoft, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not paid by You.

6.3.2.   You will indemnify TreezSoft against all claims, charges, costs, damages or losses arising from issues which might be due to Technical Constraints.

 

7.    Change of terms

7.1. TreezSoft reserves the rights to change this Agreement without prior notices to You .

 

8.    General

8.1. Entire agreement

8.1.1.  These Terms, together with the TreezSoft Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and TreezSoft relating to the Services and the other matters dealt with in these Terms.

 

8.2. Waiver

8.2.1.  If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

 

8.3. Delays

8.3.1.  Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

 

8.4. No Assignment

8.4.1.  You may not assign or transfer any rights to any other person without TreezSoft's prior written consent.

 

8.5. Governing law and jurisdiction

8.5.1.  In all other situations this Agreement is governed by the laws of Malaysia and You hereby submit to the exclusive jurisdiction of the courts of Malaysia for all disputes arising out of or in connection with this Agreement.

 

8.6. Severability

8.6.1.  If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

 

8.7. Notices

8.7.1.  Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to TreezSoft must be sent to support@TreezSoft.com or to any other email address notified by email to You by TreezSoft. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.

 

8.8. Rights of Third Parties

8.8.1.  A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.

 

Last updated 7th March 2012

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