Please find our Terms and Conditions as follows.
By using AssetCentral, you agree with the following terms and conditions:
These Terms and Conditions of Use were last modified on July 19, 2022.
Welcome to Authentic Venture Sdn Bhd's ("AVSB" or "Company" or "us" or "we" or
"our") websites; AssetCentral.com.my, AssetCentral.asia. These Terms and Conditions of Use ("Terms") outline the terms of our relationship, as supplemented by the AVSB Privacy Policy, which outlines our data security practices. By using the Site, you agree to be bound by the following terms and all applicable laws and regulations.
Your use or access of the Site in any way signifies your constructive and actual notice and knowledge of, and your agreement to be bound by, the most current version of the Terms as posted on the Site and the Privacy Policy located at Terms. It is solely your
responsibility to ensure that your use of any and all third-party websites or content is in compliance with any and all third-party requirements.
Access to portions of the Site may require that you agree to additional terms ("Specific Terms") that, together with these Terms will govern your use of the relevant Site portions. Any relevant Specific Terms will be provided to you before you will be granted first access. Your continued access shall constitute your continued acceptance of any relevant Specific Terms.
IMPORTANT! THESE TERMS AND ANY RELEVANT SPECIFIC TERMS GOVERN YOUR USE
OF THE SITE AND OUR INTERNET-BASED SUBSCRIPTION MANAGEMENT AND SOFTWARE SERVICES ("Services"). THESE TERMS AND ANY RELEVANT SPECIFIC TERMS ARE SUBJECT TO CHANGE AT ANY TIME AT THE COMPANY'S DISCRETION AND YOU ARE ENCOURAGED TO REVIEW THE MOST CURRENT TERMS AND ANY RELEVANT SPECIFIC TERMS EACH TIME YOU VISIT. YOUR USE OF THE SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT USE OR ACCESS THE SITE OR USE OUR SERVICES.
For so long as you are our customer and paying the Service Fees required by these Terms, AVSB grants to you a non-exclusive right to use the Site and our Services, subject to the restrictions set forth in these Terms and any other restrictions communicated by us in writing. Nothing in these Terms shall prohibit AVSB from furnishing our Services to others, including your competitors.
Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to the Site and our Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without our express written consent. The look and feel of the Site and our Services is copyright © 2009-2014 Authentic Venture Sdn Bhd. All rights reserved. You may not duplicate, copy or reuse any portion of the visual design elements without our express written consent.
You may use the Site only for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any other commercial purpose, without Company's express prior written consent. For example, you may not (and may not authorize any other party to) co-brand the Site or frame the Site without the express prior written permission of an authorized representative of Company.
To obtain full access to the Site and our Services, you will be required to complete registration. You will be asked to (i) provide certain registration details or other information; (ii) to establish an account specific to you ("Your Account" or "Account") by choosing the Service plan to be provided by us under the terms and pricing set at our Sites; and (iii) to pay a registration fee. By signing up for Your Account, you agree to pay the fees ("Service Fees") designated for the Service plan(s) you selected.
To create Your Account, Log-In and/or to participate in any services offered by the Site, you must qualify and agree to the conditions set forth below. Failure to qualify and continuously abide by any of the following conditions constitutes a breach of these Terms. Specifically, you agree that:
Your Account must be registered under your current full legal name, your e-mail address, and your current business address. It is your responsibility to keep your e-mail address current. If you need to update your e-mail address, you can modify it inside your AssetCentral account.
To access all or some of the Sites, you must have previously established a valid Account as provided herein. Further, you must meet all the conditions described throughout these Terms. You agree and understand that we collect data relating to your Log-In, your use of the Site, and Your Account activity and that some of this information may be used for statistical purposes.
We reserve the right (but do not undertake the obligation) to conduct a review, at any time, to validate Your Account information, and to ensure that your participation in the Site does not breach these Terms and/or any applicable law. You authorize us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate this information. To facilitate the foregoing validation, you agree to provide sufficient information or documentation as we, in our discretion, may request. If you do not provide such information within thirty (30) days of our request, your responses are incomplete or otherwise insufficient, or we cannot verify the information applicable to Your Account, Your Account may be terminated.
The subscription is based on license credit(s). You are required to purchase license credit(s) at the beginning of your subscription duration. The purchased license credit(s) will be deducted at the beginning of each month for each user created under your account. One license credit is valid for one user per month. There is also an expiration date for the license credit(s). Unused license credit(s) is rollover to the next month until the expiration date. Once expired, any unused license credit(s) will be lost.
All payments to Company for Service Fees for Your Account must be made using means of payment that we may approve from time to time. We currently accept payments by cheque payable to “AUTHENTIC VENTURE SDN BHD”, cash bank-in funds transfer, and also via online payment through our authorized third-party online payment providers. All payments are not refundable, for any reason.
Our standard subscription method is prepaid and you will need to purchase the license credit(s) in order to use our service. Your license credit(s) will be credited into your account once your payment is cleared.
If you have requested advance license credit(s), you will receive an invoice for the purchase and you are required to settle the invoice by the due date stated in the invoice.
If you choose any of the post-paid plans, you will be charged in arrears for the Services at the end of each month cycle ("Billing Date").
You agree to pay us all reasonable attorney's fees and costs incurred by us to collect any past due amounts. Your account will be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within 30 days of cancellation or termination of the Services. We may change our fee structure at any time with thirty (30) day’s notice.
You agree that we will not be liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party in connection with the Site. You waive your right to dispute any payment made into Your Account and you will bear all costs.
Any attempt to defraud the Site through the use of credit cards or other methods of payment or any failure by you to honor charges or requests for payment will result in immediate termination of Your Account and civil and/or criminal prosecution.
In the case of suspected or fraudulent payment, including the use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block Your Account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments.
Unless otherwise stated, Our fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including but not limited to value-added, sales, use, or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes associated with Your purchases hereunder. If We have the legal obligation to pay or collect Taxes for which You are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by You, unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, We are solely responsible for taxes assessable against it based on Our income, property, and employees.
Under the prepaid plan(s), your account will not be automatically renewed. You will need to extend the duration of your subscription by purchasing license credits before your expiry date to ensure no service interruption.
To ensure no service interruption, under the post-paid plan(s), your account is automatically renewed monthly at the end of the post-paid contract period. You will need to submit a cancellation request before the end of your contract period to cancel this service.
You may cancel your account at any time and you will not be charged further. However, you will not receive a refund when you cancel.
Directions for cancelling is as follows:
1) Prepare a letter with your company’s letterhead indicating the request for cancellation and signed by an authorized person of the company.
2) Scan and email the letter to [email protected].
Your account will be deactivated within 5 business days of receiving your written request (or if you request, at the end of your monthly billing cycle) and you may no longer have access to your account once your account has been deactivated.
We do not return your data in database or .csv format. To get your data in reports format, please download all the reports generated from within the Service before your account is deactivated. After your account is deactivated, We shall have no obligation to maintain or provide any of Your Data and shall thereafter, unless legally prohibited, delete all of Your Data in Our systems or otherwise in Our possession or under Our control.
We may modify these Terms from time to time. When we do, we will post the updated Terms and will note the date it was last revised. When you use the Site after those updates are posted, you are deemed to accept and agree to be bound by those changes. These Terms will continue to apply until terminated by either you or AVSB as described below. If you choose to terminate your legal agreement with AVSB, you may do so by canceling Your Account on the Site.
We may terminate these Terms, terminate your access to all or part of the Site or our Services, or suspend any user's access to all or part of the Site or our Services, at any time, without notice to you, if we believe, in our sole judgment, that you have breached or may breach any term or condition of these Terms, if we believe it is required by law, or otherwise. If we terminate your service, or you terminate the service, you will not be entitled to any refund of any sum you have paid us, and we may delete any User Material or other materials relating to your use of the Site and/or our Services on Company’s servers or otherwise in its possession. You acknowledge that Company shall not be liable to you or any third party for any termination of your access to the Site and/or our Services.
You agree that termination will not relieve you of any obligation to pay any accrued charges. You shall be charged the full amount of the fee for the month in which our Services were terminated. All sections which by their nature should survive the expiration or termination of these Terms shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this agreement.
We shall: (i) provide to You basic support for the Purchased Services at no additional charge, and/or upgraded support if purchased separately, (ii) use commercially reasonable efforts to make the Purchased Services available 24 hours a day, 7 days a week, except for: (a) planned downtime, or (b) any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Our employees), or Internet service provider failures or delays, and (iii) provide the Purchased Services only in accordance with applicable laws and government regulations.
You shall (i) be responsible for Users’ compliance with this Agreement, (ii) be solely responsible for the accuracy, quality, integrity, and legality of Your Data and of the means by which You acquired Your Data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Us promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with the User Guide and applicable laws and government regulations. You shall not (a) make the
Services available to anyone other than Users, (b) sell, resell, rent or lease the Services, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use the Services to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, or (f) attempt to gain unauthorized access to the Services or their related
systems or networks.
Usage Limitations. Limitations. Services may be subject to other limitations, such as, for example,
limits on disk storage space, on the number of calls You are permitted to make against
Our application programming interface, and, for Services that enable You to provide
public websites, on the number of page views by visitors to those websites. Any such
limitations are specified in the User Guide. The Services provide real-time information
to enable You to monitor Your compliance with such limitations.
Definition of Confidential Information. As used herein, "Confidential Information"
means all confidential information disclosed by a party ("Disclosing Party") to the
other party ("Receiving Party"), whether orally or in writing, that is designated as
confidential or that reasonably should be understood to be confidential given the
nature of the information and the circumstances of disclosure. Your Confidential
Information shall include Your Data; Our Confidential Information shall include the
Services; and Confidential Information of each party shall include the terms and
conditions of this Agreement and all Order Forms, as well as business and marketing
plans, technology and technical information, product plans and designs, and business
processes disclosed by such party. However, Confidential Information (other than Your
Data) shall not include any information that (i) is or becomes generally known to the
public without breach of any obligation owed to the Disclosing Party, (ii) was known to
the Receiving Party prior to its disclosure by the Disclosing Party without breach of any
obligation owed to the Disclosing Party, (iii) is received from a third party without
breach of any obligation owed to the Disclosing Party, or (iv) was independently
developed by the Receiving Party.
Protection of Confidential Information. Except as otherwise permitted in writing by
the Disclosing Party, (i) the Receiving Party shall use the same degree of care that it
uses to protect the confidentiality of its own confidential information of like kind (but
in no event less than reasonable care) not to disclose or use any Confidential
Information of the Disclosing Party for any purpose outside the scope of this
Agreement, and (ii) the Receiving Party shall limit access to Confidential Information of
the Disclosing Party to those of its employees, contractors and agents who need such
access for purposes consistent with this Agreement and who have signed
confidentiality agreements with the Receiving Party containing protections no less
stringent than those herein.
Protection of Your Data.Without limiting the above, We shall maintain appropriate
administrative, physical, and technical safeguards for the protection of the security,
confidentiality, and integrity of Your Data. We shall not (a) modify Your Data, (b)
disclose Your Data except as compelled by law in accordance (Compelled Disclosure
Section 8.4) or as expressly permitted in writing by You, or (c) access Your Data except
to provide the Services or prevent or address service or technical problems, or at Your
request in connection with customer support matters.
Compelled Disclosure. The Receiving Party may disclose Confidential Information of
the Disclosing Party if it is compelled by law to do so, provided the Receiving Party
gives the Disclosing Party prior notice of such compelled disclosure (to the extent
legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the
Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by
law to disclose the Disclosing Party’s Confidential Information as part of a civil
proceeding to which the Disclosing Party is a party, and the Disclosing Party is not
contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its
reasonable cost of compiling and providing secure access to such Confidential
Information.
We have no obligation to check whether users are using the Site in accordance with these Terms or any other agreement.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet.
OUR SERVICES AND ALL MATERIALS ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THE SITE, OR ON ANY WEBSITE OR WEBSITES "LINKED" TO THE SITE. THE COMPANY MAKES NO WARRANTY THAT THE SITE AND OUR SERVICES WILL BE AVAILABLE, UNINTERRUPTED, ERROR- FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES HAVE ANY LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR OUR SERVICES OR YOUR INABILITY TO USE THE SITE, OUR SERVICES, SITE CONTENT, OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE, OUR SERVICES, OR ANY WEBSITE OPERATED BY ANY THIRD PARTY.
IF YOU ARE DISSATISFIED WITH US, THE SITE, OUR SERVICES, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE AND OUR SERVICES.
You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Site or our Services. You hereby release Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our Site or our Services.
You agree to defend, indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") from and against any and all liability, loss or damage, cost or expense, including but not limited to court costs, attorneys'fees, and any awards or damages caused by, relating to or incident to: (a) your use of our Services; (b) the Site; or (c) the products and/or services offered through the Site.
We may provide links and pointers to Internet sites maintained by others who are independent of Company ("hird Party Sites"). We have not reviewed all of the Third- Party Sites linked to the Site and are not responsible for the content of or any products or services offered on such Third-Party Sites. The Company makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such website. Your linking to any other website is at your own risk.
From time to time, Company may display or otherwise make available promotions, advertisements, and/or offers provided by third parties ("Third Party Promotions"). You understand and agree to hold the Company harmless and agree that Company shall have no liability whatsoever for such Third-Party Promotions. If you participate in, click on, or otherwise link to such Third-Party Promotions you do so solely at your own risk. Your sole remedy in connection with such Third-Party Promotions will be with the third party.
We may offer Third-Party Applications for sale under Order Forms. Any other acquisition by You of third-party products or services, including but not limited to Third-Party Applications and implementation, customization and other consulting services, and any exchange of data between You and any third-party provider, is solely between You and the applicable third-party provider. We do not warrant or support third-party products or services, whether or not they are designated by Us as “certified” or otherwise, except as specified in an Order Form. No purchase of third-party products or services is required to use the Services.
Third-Party Applications and Your Data. If You install or enable Third-Party Applications for use with Services, You acknowledge that We may allow providers of those Third-Party Applications to access Your Data as required for the interoperation of such Third-Party Applications with the Services. We shall not be responsible for any disclosure, modification, or deletion of Your Data resulting from any such access by Third-Party Application providers. The Services shall allow You to restrict such access by restricting Users from installing or enabling such Third-Party Applications for use with the Services.
All materials on the Site are provided solely for the purpose of promoting our operations and products in Malaysia and its territories. We make no representation that the products and services on the Site are appropriate or available for use in other locations. If, despite these conditions, you use the Site or our Services from outside Malaysia, you are solely responsible for compliance with any applicable local laws.
The governing law is: Malaysia
The courts having exclusive jurisdiction are: Malaysia
Manner of Giving Notice. Except as otherwise specified in this Agreement, all notices,
permissions and approvals hereunder shall be in writing and shall be deemed to have
been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the
second business day after sending by confirmed facsimile, or (iv) the first business day
after sending by email (provided email shall not be sufficient for notices of termination
or an indemnifiable claim). Notices to You shall be addressed to the system
administrator designated by You for Your relevant Services account, and in the case of
billing-related notices, to the relevant billing contact designated by You.
Agreement to Governing Law and Jurisdiction. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.
Waiver of Jury Trial. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.
Unless otherwise indicated, all logos, names, package designs, and marks on the Site are trademarks or service marks owned or used under license by us or our business partners. The use or misuse of any of these marks or other information is strictly prohibited.
We grant you permission to print individual pages from the Site, unless otherwise expressly noted, for your non-commercial use in learning about and evaluating the services or products offered on the Site. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter, modify, or create derivative works of these materials.
This grant of permission is not a transfer of title, and under this permission, you may not: use the materials for any commercial purpose, or for any public display (commercial or non-commercial); remove any copyright, trademark, or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server, except as permitted by law.
We make no warranties or representations to you that your use of any materials displayed on the Site will not infringe the rights of third parties. In addition, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Modification or use of this content except as expressly provided in these Terms violates Company''s intellectual property rights. Neither title nor intellectual property rights are transferred to you by your access to the Site.
The Company understands the value and importance of intellectual property rights and makes every effort to respect the legitimate intellectual property rights of others. The Company does not review all of the material posted on or submitted through the Site and has no responsibility for any content that you may find or access when using Company's Site, products, or services.
The Company takes all concerns related to intellectual property seriously and it is our policy, at our discretion and in appropriate circumstances, to cancel, disable or terminate any user's Account who infringes or appears to infringe the intellectual property rights of others.
If you believe that any material on this website infringes a copyright, or any valid intellectual property right, please provide the following information to our Chief Executive Officer.
Please provide this information to Company's Chief Operating Officer, who can be reached as follows:
By Mail:
Chief Executive Officer
Authentic Venture Sdn Bhd (470336-H)
906B Level 2 Block D,
Kompleks Diamond, Bangi Business Park,
43650 Bandar Baru Bangi
Selangor Darul Ehsan.
By E-Mail: [email protected]
Due to IT concerns, attachments cannot be accepted on notices sent via e-mail. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
Except for Personal Information and Anonymous Information (as defined in our Privacy Policy), if you submit any other information to us, including any data, variables, comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other information, you are giving that information, and all your rights in it, to us free of charge, and that information will be treated as non-confidential and non-proprietary and may be used by us for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to us by e-mail, through a form on the Site, on a bulletin board, or in any other manner. We may from time to time monitor, review, and, in our sole discretion, modify or delete any postings you make on the Site, however, we are not obligated to do so. You agree not to submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law, regulation, or rule. You are solely responsible for any material you submit to the Site. You further agree not to upload, e-mail, post or transmit to, or distribute or otherwise publish through the Site any material which disrupts the normal operation of the Site, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using the Site. Through your usage of the Site, you may submit, and/or we may gather certain limited information about you and your website usage. We are free to use such information for any purpose we deem appropriate. We will not be required to treat any such submission as confidential, and may use any submission (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result.
Our failure to strictly enforce any right against you shall not constitute a waiver thereof. If any provision of these Terms is deemed invalid, illegal, or unenforceable, such provision will be deemed amended to conform to applicable laws, and the remainder of the Terms shall remain in full force and effect to the fullest extent permitted by law. Your use of the Site and our Services is subject to our Privacy Policy. These Terms and the Privacy Policy represent the full understanding and agreement of the parties with respect to the subject matter hereof and supersede all prior or contemporaneous oral or written communications with respect to the subject matter. Our relationship shall be that of independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created between us by these Terms. Neither party shall have the power to obligate or bind the other party.
