Terms & Condition
Introduction
- Niagawan Plus Sdn Bhd and its affiliates ( “we”, “our” or “us”) owns and manages websites, services, products and applications (collectively, “Niagawan” or the “Services”).
- We operate the Niagawan Plus, NiagaPos, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
- These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Niagawan Plus Sdn Bhd, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these legal terms, then you are expressly prohibited from using the services and you must discontinue use immediately.
- We may revise these terms of use at any time by amending this page. You are advised to frequently check our website to make sure you are aware of any changes we make. We aim to update our website and service regularly, and may change the content at any time.
User Registration
You are required to register to use the Services and provide certain information including but not limited to, your name, company name, phone number, email, etc. You agree to keep your password confidential and will be responsible for all use of your account and password. We will not be liable for any losses resulting from unauthorized use of your account information and/or account, and you agree to indemnify and hold harmless Niagawan, its subsidiaries, agents, affiliates, licensor and/or all of our respective officers, partners, and employees, as applicable, for any improper, unauthorized, or illegal uses of the same.
Purchases And Payment
We accept the following forms of payment: Toyyibpay
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, name and phone number, so that we can complete your transactions and contact you as needed in the event you wish to cancel your account and/or subscription. Service tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Malaysia Ringgit.
If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable purchase. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We may suspend the provision of the Services if any amount due to be paid to the Services is overdue.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, name and phone number, so that we can complete your transactions and contact you as needed in the event you wish to cancel your account and/or subscription. Service tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Malaysia Ringgit.
If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable purchase. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We may suspend the provision of the Services if any amount due to be paid to the Services is overdue.
Refund Policy
All purchases are non-refundable. You assume the responsibility for your purchase, and no refunds will be issued. To ensure you are satisfied with your purchase, please read through all the content and material published on our website such as video tutorial, demo, request for consultation and speak to our sales team before making your purchase decision. Your cancellation (if any) will take effect at the end of the current paid term. If you are unsatisfied with our Services, please email us at sales@niagawan.com.
Bluetooth Printer Replacement
Replacement Process
- Returning the defective printer: Customers experiencing issues with their bluetooth printer are required to send the defective printer back to Niagawan for a replacement. The shipping costs for returning the printer will be borne by the customer.
- Shipping the replacement printer: Upon receiving and inspecting the returned printer, Niagawan will send a replacement unit to the customer. The shipping costs for the replacement unit will be borne by Niagawan.
Warranty and Replacement Conditions
- The Bluetooth printer comes with a 3-month warranty from the date of purchase.
- The returned printer must be in good condition and include all original accessories.
- Any damage caused by misuse or improper use will disqualify the printer from being eligible for replacement.
- Niagawan reserves the right to reject any replacement request if the conditions outlined are not met.
Mobile Application License
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (5) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (5) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
Hosted Services Management
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
The Services create an account for you and provide login details for that account. The Services hereby grants a license to use the Hosted Services during the Term.
You shall use reasonable security measures relating to account access details, to ensure that no unauthorized person may gain access to the Hosted Services. The Services shall use all reasonable endeavors to maintain the availability of the Hosted Services, but does not guarantee 100% availability.
For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of this Agreement: a Force Majeure Event; a fault or failure of the internet or any public telecommunication networks; a fault or failure of your computer systems or networks; any breach by you; or scheduled maintenance carried out in accordance with this Agreement.
The Services create an account for you and provide login details for that account. The Services hereby grants a license to use the Hosted Services during the Term.
You shall use reasonable security measures relating to account access details, to ensure that no unauthorized person may gain access to the Hosted Services. The Services shall use all reasonable endeavors to maintain the availability of the Hosted Services, but does not guarantee 100% availability.
For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of this Agreement: a Force Majeure Event; a fault or failure of the internet or any public telecommunication networks; a fault or failure of your computer systems or networks; any breach by you; or scheduled maintenance carried out in accordance with this Agreement.
User Data
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Data Privacy
We care about data privacy and security. Please review our Privacy Policy: https://niagawan.com/my/privacy/ . By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Malaysia. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Malaysia, then through your continued use of the Services, you are transferring your data to Malaysia, and you expressly consent to have your data transferred to and processed in Malaysia.
Modifications And Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
Termination & Suspension
These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these legal terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these legal terms or of any applicable law or regulation. We may terminate your use or participation in the services or delete your account and any content or information that you posted at any time, without warning, at our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Scope Of Support
We shall create a back-up copy of Customer Data at least daily, shall ensure that each such copy is sufficient to enable the Services to restore the Hosted Services to the state they were in at the time the back-up was taken. In the event that the data needs to be restored, you acknowledge that this process will overwrite the Customer Data on the Platform.
The Services will keep the Customer Confidential Information strictly confidential; not disclose the Customer Confidential Information to any person without the prior written consent, and then only under conditions of confidentially; use the same degree of care to protect the confidentiality of the Customer Confidential Information as the Services uses to protect its own confidential information of a similar nature, being at least a reasonable degree of care.
The Services will keep the Customer Confidential Information strictly confidential; not disclose the Customer Confidential Information to any person without the prior written consent, and then only under conditions of confidentially; use the same degree of care to protect the confidentiality of the Customer Confidential Information as the Services uses to protect its own confidential information of a similar nature, being at least a reasonable degree of care.
Software Indemnity
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Disclaimer
The information provided in the Services regarding tax and zakat is intended solely for estimation purposes. We do not guarantee the accuracy or completeness of this information. Users are advised to refer to the official entity for precise information.
We do not represent or warrant that the information provided on the Services represents the views or opinions of any governmental authority, including but not limited to the Inland Revenue Board of Malaysia (LHDN), Lembaga Zakat, financial advisors, or any other professional entity.
The information provided on the Services, including but not limited to articles, and any other content, is for educational purposes only. It is not intended to constitute professional advice or replace consultation with qualified professionals. Users are encouraged to seek independent professional advice regarding their specific financial or tax situation.
By using the Services, you acknowledge and agree to the above disclaimers regarding tax, zakat, representation, and educational purposes.
We do not represent or warrant that the information provided on the Services represents the views or opinions of any governmental authority, including but not limited to the Inland Revenue Board of Malaysia (LHDN), Lembaga Zakat, financial advisors, or any other professional entity.
The information provided on the Services, including but not limited to articles, and any other content, is for educational purposes only. It is not intended to constitute professional advice or replace consultation with qualified professionals. Users are encouraged to seek independent professional advice regarding their specific financial or tax situation.
By using the Services, you acknowledge and agree to the above disclaimers regarding tax, zakat, representation, and educational purposes.
Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Niagawan Plus Sdn Bhd
110-2-21, Summerton Avenue, Persiaran Bayan Indah
Bayan Lepas, Penang 11900
Malaysia
sales@niagawan.com
Niagawan Plus Sdn Bhd
110-2-21, Summerton Avenue, Persiaran Bayan Indah
Bayan Lepas, Penang 11900
Malaysia
sales@niagawan.com
Terms & Condition
Introduction
- Niagawan Plus Sdn Bhd and its affiliates ( “we”, “our” or “us”) owns and manages websites, services, products and applications (collectively, “Niagawan” or the “Services”).
- We operate the Niagawan Plus, NiagaPos, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
- These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Niagawan Plus Sdn Bhd, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these legal terms, then you are expressly prohibited from using the services and you must discontinue use immediately.
- We may revise these terms of use at any time by amending this page. You are advised to frequently check our website to make sure you are aware of any changes we make. We aim to update our website and service regularly, and may change the content at any time.
User Registration
You are required to register to use the Services and provide certain information including but not limited to, your name, company name, phone number, email, etc. You agree to keep your password confidential and will be responsible for all use of your account and password. We will not be liable for any losses resulting from unauthorized use of your account information and/or account, and you agree to indemnify and hold harmless Niagawan, its subsidiaries, agents, affiliates, licensor and/or all of our respective officers, partners, and employees, as applicable, for any improper, unauthorized, or illegal uses of the same.
Purchases And Payment
We accept the following forms of payment: Toyyibpay
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, name and phone number, so that we can complete your transactions and contact you as needed in the event you wish to cancel your account and/or subscription. Service tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Malaysia Ringgit.
If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable purchase. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We may suspend the provision of the Services if any amount due to be paid to the Services is overdue.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, name and phone number, so that we can complete your transactions and contact you as needed in the event you wish to cancel your account and/or subscription. Service tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Malaysia Ringgit.
If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable purchase. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We may suspend the provision of the Services if any amount due to be paid to the Services is overdue.
Refund Policy
All purchases are non-refundable. You assume the responsibility for your purchase, and no refunds will be issued. To ensure you are satisfied with your purchase, please read through all the content and material published on our website such as video tutorial, demo, request for consultation and speak to our sales team before making your purchase decision. Your cancellation (if any) will take effect at the end of the current paid term. If you are unsatisfied with our Services, please email us at sales@niagawan.com.
Bluetooth Printer Replacement
Replacement Process
- Returning the defective printer: Customers experiencing issues with their bluetooth printer are required to send the defective printer back to Niagawan for a replacement. The shipping costs for returning the printer will be borne by the customer.
- Shipping the replacement printer: Upon receiving and inspecting the returned printer, Niagawan will send a replacement unit to the customer. The shipping costs for the replacement unit will be borne by Niagawan.
Warranty and Replacement Conditions
- The Bluetooth printer comes with a 3-month warranty from the date of purchase.
- The returned printer must be in good condition and include all original accessories.
- Any damage caused by misuse or improper use will disqualify the printer from being eligible for replacement.
- Niagawan reserves the right to reject any replacement request if the conditions outlined are not met.
Mobile Application License
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (5) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (5) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
Hosted Services Management
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
The Services create an account for you and provide login details for that account. The Services hereby grants a license to use the Hosted Services during the Term.
You shall use reasonable security measures relating to account access details, to ensure that no unauthorized person may gain access to the Hosted Services. The Services shall use all reasonable endeavors to maintain the availability of the Hosted Services, but does not guarantee 100% availability.
For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of this Agreement: a Force Majeure Event; a fault or failure of the internet or any public telecommunication networks; a fault or failure of your computer systems or networks; any breach by you; or scheduled maintenance carried out in accordance with this Agreement.
The Services create an account for you and provide login details for that account. The Services hereby grants a license to use the Hosted Services during the Term.
You shall use reasonable security measures relating to account access details, to ensure that no unauthorized person may gain access to the Hosted Services. The Services shall use all reasonable endeavors to maintain the availability of the Hosted Services, but does not guarantee 100% availability.
For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of this Agreement: a Force Majeure Event; a fault or failure of the internet or any public telecommunication networks; a fault or failure of your computer systems or networks; any breach by you; or scheduled maintenance carried out in accordance with this Agreement.
User Data
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Data Privacy
We care about data privacy and security. Please review our Privacy Policy: https://niagawan.com/my/privacy/ . By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Malaysia. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Malaysia, then through your continued use of the Services, you are transferring your data to Malaysia, and you expressly consent to have your data transferred to and processed in Malaysia.
Modifications And Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
Termination & Suspension
These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these legal terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these legal terms or of any applicable law or regulation. We may terminate your use or participation in the services or delete your account and any content or information that you posted at any time, without warning, at our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Scope Of Support
We shall create a back-up copy of Customer Data at least daily, shall ensure that each such copy is sufficient to enable the Services to restore the Hosted Services to the state they were in at the time the back-up was taken. In the event that the data needs to be restored, you acknowledge that this process will overwrite the Customer Data on the Platform.
The Services will keep the Customer Confidential Information strictly confidential; not disclose the Customer Confidential Information to any person without the prior written consent, and then only under conditions of confidentially; use the same degree of care to protect the confidentiality of the Customer Confidential Information as the Services uses to protect its own confidential information of a similar nature, being at least a reasonable degree of care.
The Services will keep the Customer Confidential Information strictly confidential; not disclose the Customer Confidential Information to any person without the prior written consent, and then only under conditions of confidentially; use the same degree of care to protect the confidentiality of the Customer Confidential Information as the Services uses to protect its own confidential information of a similar nature, being at least a reasonable degree of care.
Software Indemnity
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Disclaimer
The information provided in the Services regarding tax and zakat is intended solely for estimation purposes. We do not guarantee the accuracy or completeness of this information. Users are advised to refer to the official entity for precise information.
We do not represent or warrant that the information provided on the Services represents the views or opinions of any governmental authority, including but not limited to the Inland Revenue Board of Malaysia (LHDN), Lembaga Zakat, financial advisors, or any other professional entity.
The information provided on the Services, including but not limited to articles, and any other content, is for educational purposes only. It is not intended to constitute professional advice or replace consultation with qualified professionals. Users are encouraged to seek independent professional advice regarding their specific financial or tax situation.
By using the Services, you acknowledge and agree to the above disclaimers regarding tax, zakat, representation, and educational purposes.
We do not represent or warrant that the information provided on the Services represents the views or opinions of any governmental authority, including but not limited to the Inland Revenue Board of Malaysia (LHDN), Lembaga Zakat, financial advisors, or any other professional entity.
The information provided on the Services, including but not limited to articles, and any other content, is for educational purposes only. It is not intended to constitute professional advice or replace consultation with qualified professionals. Users are encouraged to seek independent professional advice regarding their specific financial or tax situation.
By using the Services, you acknowledge and agree to the above disclaimers regarding tax, zakat, representation, and educational purposes.
Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Niagawan Plus Sdn Bhd
110-2-21, Summerton Avenue, Persiaran Bayan Indah
Bayan Lepas, Penang 11900
Malaysia
sales@niagawan.com
Niagawan Plus Sdn Bhd
110-2-21, Summerton Avenue, Persiaran Bayan Indah
Bayan Lepas, Penang 11900
Malaysia
sales@niagawan.com