EasiTouch Terms of Use

Terms of Use

Please read through these conditions of use carefully before using the Software.

These terms and conditions ('Terms of Use') are a binding legal agreement among you ('You' or ‘Your’), Acson Malaysia Sales & Service Sdn. Bhd. (129688-D), a company having its registered office at Lot 4, Lorong 19/1A, Seksyen 19, 46300 Petaling Jaya, Selangor, Malaysia. (collectively 'Acson') concerning the use of the mobile application known as Easi Touch ('Software') and constitutes the complete agreement among Acson and You. These Terms of Use shall supersede any other provisions, terms and conditions set forth by You, and the rights of the parties shall therefore be governed exclusively by the provisions, terms and conditions set forth herein.

By using the Software, You agree to be bound by the terms and conditions of these Terms of Use. If You do not agree with these Terms of Use, You may not use the Software in any manner.

1. Use of the Software

a) Subject to the terms and conditions of these Terms of Use, Acson grants You a free, non-exclusive and non-transferable license to use the Software on devices with suitable OS as designated by Acson for the purpose to remotely monitor and control Your Acson equipment.

b) These Terms of Use do not grant any right of use in any manner other than the above. In particular You are advised that the re-distribution, sale, lease, rental, sublicense or export of the Software in any form without written authority from Acson is explicitly prohibited. Unless as explicitly permitted under these Terms of Use, You shall not copy, reproduce, modify, transmit or distribute the Software or any portion thereof, or facilitate a third party to do so. You will not submit any information on the Software that is unlawful.

c) In case the Software is downloaded, installed and/or used by You as an Apple application, at all times, You will comply with the terms and conditions of Apple as applicable from time to time and available on http://www.apple.com/legal/terms/ and/or any terms and conditions of third parties applicable with respect to the use of the Software.

d) In case the Software is downloaded, installed and/or used by You as a Google Play Store application, at all times, You will comply with the terms and conditions of Google Play Store as applicable from time to time and available on http://www.google.com/mobile/android/market-tos.html and/or any terms and conditions of third parties applicable with respect to the use of the Software.

e) The Software is to be downloaded, installed and used on Your costs and expenses on Your own device in accordance with these Terms of Use.

f) Through the Software Acson may distribute advertisements on our own or on third parties’ behalf.

2. Account registration

a) You may need a prior registration of an account for certain functions of the Software.

b) Acson will consider any use of the Software as usage by the user who performed the registration. Acson shall in no circumstances be liable for any damages arising out of any abuse or misuse of registered accounts by third parties due to Your inappropriate management of Your registered account.

3. Copyright

a) Acson owns or is licensee of all (intellectual) property rights in the Software and its content and You acknowledge that You do not acquire any rights in respect of such intellectual property rights, except as otherwise explicitly provided in these Terms of Use.

4. Trade Name / Trade Marks

a) All Trade Names and Trade Marks displayed through the Software (if any) that belong to Acson now or hereafter is/shall be the sole property of or are licensed to Acson or its affiliate(s). Your use of the Software should not be construed as granting, by implication or otherwise, any license or right to use any Trade Names and Trade Marks displayed through the Software (if any).

5. Disclaimer of warranty

a) Acson has compiled the content of the Software (including translations) to the best of its knowledge. The present Software (and its content) is however drawn up by way of information only and does not constitute an offer binding upon Acson. Acson does not warrant that the Software will be error-free. The Software and its content is provided on an 'AS IS' basis, without warranty of any kind - either express or implied, including but not limited to warranty of title and against infringement or implied warranties of merchantability or fitness for a particular purpose - being made in relation to the completeness, availability, accuracy, reliability of the Software or its content and the products and services presented therein.

b) The Software has inherent limitations including but not limited to possible design faults and programming bugs. The entire risk to the quality and performance of the Software is borne by You, and it is Your responsibility to ensure that it does what You require it to do prior to using it for any purpose (other than testing it).

6. Limited liability

a) When You use the Software You acknowledge and accept that You do so at Your sole risk. To the maximum extent permitted by applicable law, Acson shall not be liable to You or any other party for any direct, indirect, general, special, incidental, punitive and/or consequential damages arising out of the use or inability to use the Software and/or the interpretation of its content. You agree that under no circumstances You shall have any claim against Acson or associated companies whether as employee, subcontractor, agent, representative, consultant, installer or otherwise for loss, damages, harm, injury, expense, work stoppage, loss of business information, business interruption, computer failure or malfunction which may be suffered by You or any other party from any cause whatsoever, howsoever arising in connection with the use of the Software and its content even where Acson were aware or ought to have been aware of the potential of such loss.

7. Indemnity

a) You indemnify Acson and affiliated companies and hold them harmless against any claims which may arise from any loss, damages, harm, injury, expense, work stoppage, loss of business information, business interruption, computer failure or malfunction which may be suffered by You or any other party whatsoever as a consequence of any act or omission of Acson or affiliated companies, whether negligent or not, arising out of Your use of the Software and its content or from any cause whatsoever, howsoever arising in connection with the Software.

8. Amendments

a) Acson reserves the rights to terminate the Software, to release new versions of the Software (including changes in functionality or interface) that could replace earlier released versions of the Software or to update the Software's content, in whole or part, at any time at Acson's own discretion and without prior announcement.

b) Acson reserves the right to modify from time to time these Terms of Use at Acson's own discretion and without prior announcement. You are responsible for informing Yourself of these Terms of Use in force at the time of access and use of the Software.

9. Data protection

a) Acson will collect (i) before You being able to use the Software, the IP address on the adapter of Your Acson equipment to enable communication between the server and the adapter, (ii) in the course of use of the Software, operating status of Your Acson equipment, (iii) in the course of use of the Software, the name of Your Acson equipment and (iv) in the course of use of the Software, the IP address of Your own device to be designated and registered with the Software by You (collectively “Your Data”).

b) Acson only collects Your Data as You have chosen to download and use the Software, You have thus demonstrated an interest in its content and, accordingly, Your Data could be made available to the members of our marketing department or the marketing responsibles of our subsidiaries and/or independent distributors and allocated by them to keep You informed about the Software or its content, and/or to use Your Data for anonymous analysis for marketing and sales purposes, such as to measure the use of the Software by country/geographical location. Acson will not use Your Data for other purposes.

c) Acson may (i) control, process and store Your Data on a server located inside or outside the country where You live, and (ii) have Your Data controlled, processed and stored by a third-party server provider as designated by Acson on a server located inside or outside the country where You live for the purpose of outsourcing any portion of the service to be provided through the Software; provided, however, that Acson shall cause such third-party service provider to take appropriate measures to protect Your Data. For the avoidance of doubt, Acson may process or arrange the processing of Your Data on a server located in Singapore.

d) Except as expressly provided herein, Acson shall not disclose Your Data to third parties without Your prior consent. Notwithstanding the foregoing, Acson may disclose Your Data to meet any applicable law, regulation, legal process or enforceable governmental request.

10. Miscellaneous

a) The provisions of these Terms of Use shall also apply to and bind Your legal successors, administrators, legal representatives, and Your permitted assignees.

b) Except where explicitly stated otherwise herein, if any provision of these Terms of Use is found to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms of Use, and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. In such cases You agree to attempt to substitute for each invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the objectives and intention of the invalid or unenforceable provision.

c) The validity and interpretation of these Terms of Use will be governed by the laws of Malaysia and any claim arising out of these Terms of Use shall exclusively be brought to the Malaysia courts.