1. Introduction
These Terms of Use (“Terms”) govern your access to and use of the services provided by Wezmart Techlab Sdn Bhd (“Wezmart,” “we,” “us,” or “our”). By accessing or using our website at bposa360.com (the “Site”) and any associated services, you agree to comply with these Terms. If you do not agree, do not access or use our services.
2. Definitions
- “Services” refers to the software and any other services offered by Wezmart.
- “User” refers to any individual or entity accessing the Services.
3. Subscription Term & Fee
3.1 Initial Term: The minimum subscription period for the Services is one (1) year, commencing on the date of payment of the subscription fee as specified in Annexure A.
3.2 Renewal Term: Upon expiration of the Initial Term, the subscription will automatically renew for successive one (1) year terms unless either party provides written notice of its intention not to renew at least thirty (30) days prior to the end of the current term. Renewal subscription fees will be communicated via electronic mail or other means.
3.3 Payment Obligations: You are responsible for all subscription fees incurred up to the termination date, including any outstanding amounts.
4. Data Protection Policy
4.1 By using the Services, you consent to Wezmart collecting, using, and disclosing your personal data in accordance with our data protection policy, available at bposa360.com (“Policy”).
4.2 If you provide personal data of third parties, you represent that you have obtained consent for their data collection and use as per the Policy.
4.3 You warrant that all personal data submitted is complete, accurate, and true.
4.4 Wezmart will adhere to all applicable data protection laws in processing personal data.
5. Indemnity
5.1 You agree to indemnify and hold harmless Wezmart and its affiliates from any claims, damages, losses, costs, and expenses (including reasonable attorney’s fees) arising out of:
(a) any breach of these Terms by you;
(b) any negligent or willful misconduct by you;
(c) any claims made by third parties related to your use of the Services;
(d) any violation of applicable laws by you.
5.2 Wezmart will provide you with written notice of any claim for which indemnification is sought, and you will have the right to appoint a lawyer to defend the claim.
6. Confidentiality
6.1 “Confidential Information” includes any proprietary information disclosed by either party, including but not limited to product plans, marketing strategies, and customer information.
6.2 Both parties must keep Confidential Information secret and only disclose it to employees or advisors on a need-to-know basis.
6.3 The confidentiality obligations survive termination of these Terms.
7. Warranties & Exclusion of Liability
7.1 Each party warrants that it has the authority to enter into these Terms.
7.2 The Services are provided “as is” without warranties of any kind. Wezmart disclaims all implied warranties, including merchantability and fitness for a particular purpose.
7.3 Wezmart will not be liable for any indirect, incidental, or consequential damages arising from your use of the Services.
7.4 In no event shall Wezmart’s liability exceed the total fees paid by you in the six (6) months preceding the claim.
8. Termination
8.1 Either party may terminate these Terms with three (3) months’ written notice. All fees paid are non-refundable.
8.2 Wezmart may suspend or terminate your access if you breach these Terms or if you become bankrupt.
8.3 Upon termination, you must cease all use of the Services, and any rights granted will terminate.
9. Force Majeure
Wezmart will not be liable for any delays or failures to perform due to events beyond its control, including acts of God, war, or government actions.
10. Assignment
You may not assign your rights or obligations under these Terms without Wezmart’s prior written consent.
11. Notice
All notices under these Terms shall be delivered via email or regular mail to the address specified by each party.
12. Governing Law & Jurisdiction
These Terms are governed by Malaysian law. You submit to the non-exclusive jurisdiction of Malaysian courts.
13. Changes to Terms
Wezmart reserves the right to modify these Terms at any time. Your continued use of the Services after any changes constitutes acceptance of the new Terms.
