Android/iPhone App Services

Terms and Conditions

Introduction

By using the App Content Management System and App Hosting and Support services of VCLOUD SERVICES SDN. BHD. (“The Supplier“), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

The Supplier reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at our website.

Violation of any of the terms below will result in the termination of your Account. While The Supplier prohibits such conduct and Content on the Service, you understand and agree that The Supplier cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

 

Account Terms

  • You must be 13 years or older to use this Service.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • You are responsible for maintaining the security of your account and password. The Supplier cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

Payments and Refund Terms

There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

The Supplier will use commercially reasonable efforts to have the application approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your application is denied by the appropriate mobile platform provider you may cancel your account, however there are no refunds under any circumstances.

 

Payment Default Terms

If the Client in default has any information or files on The Supplier host space, The Supplier can, at its discretion, remove all such material from its host space. The Supplier is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.

Cheques returned for insufficient funds, or electronic payments returned unpaid will be assessed a return charge of RM 300.00 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay The Supplier reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by The Supplier in enforcing these Terms and Conditions.

 

Cancellation and Termination

You are solely responsible for properly cancelling your account. Account cancellation requests must be submitted in writing or email. Cancellations by phone will not be considered valid.

All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

The Supplier, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other The Supplier service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. The Supplier reserves the right to refuse service to anyone for any reason at any time.

 

Modifications to the Service and Prices

The Supplier reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

The Supplier shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

From time to time, The Supplier may issue an update to the The Supplier systems that may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although The Supplier will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.

 

Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. The Supplier does not pre-screen Content, but The Supplier and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is provided.

 

General Conditions

Your use of the Content Management System is at your sole risk. The service is provided on an “as is” and “as available” basis.

You authorise the Company to use, reuse, and to grant others the right to use and reuse, your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service.

You understand that The Supplier uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other The Supplier service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by The Supplier.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any The Supplier customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature.

The Supplier does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that The Supplier shall not be liable for any 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 The Supplier has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

The failure of The Supplier to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and The Supplier and govern your use of the Service, superseding any prior agreements between you and The Supplier (including, but not limited to, any prior versions of the Terms of Service).

In no event shall The Supplier’s liability to you exceed the amount actually paid to The Supplier by you during the preceding 12 months.