This Universal Terms of Service Agreement ("Agreement") sets forth the general terms and conditions of the use of our products, services, software, platform, APIs (collectively "Services") and the use of this website ("Site").
In this Agreement, "You" and "Your" refer to user of our Services, or any agent, employee or person representing You. "We", "Our", "Us", "Lookafter" refer to Lookafter IT Sdn Bhd. This Agreement explains Our obligations to You, and explains Your obligations to Us for using Our Services. These obligations are in addition to - not in lieu of - any specific terms and conditions that apply to the particular Services.
When You access and use Our Services, You signify Your agreement to the terms and conditions contained in this Agreement.
Lookafter may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, from time to time, and such modifications shall be effective immediately upon posting to this Site. Your use of the Site or the Services after such changes or modifications have been made shall constitute Your acceptance to the new version of the Agreement. It is Your responsibility to regularly check for modifications of this Agreement. If You do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. Lookafter reserves the right to terminate Your use of Services for any violation or breach of any of the terms of this Agreement. Lookafter will not be held responsible for any damages resulting from the termination of Services.
LOOKAFTER RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.
Our Site and Services are available only to users who can form legally binding contracts under applicable law. By using the Site and/or the Services, You represent and warrant that You are at least eighteen (18) years of age and not a person barred from purchasing or receiving the Services found under the laws of Malaysia or other applicable juridiction.
If You are entering this Agreement on behalf of an entity, such as the company You work for, You represent and warrant that You have legal authority to bind such entity to the terms and conditions contained in this Agreement, and those additional agreements and policies incorporated by reference. If, after acceptance of this Agreement, We find that You do not have the legal authority to bind said entity, You will be personally responsible for the obligations contained in this Agreement and any/all related agreements that You enter into based on the Services You use, including but not limited to the payment obligations. Lookafter shall not be liable for any loss or damage resulting from Our reliance on any instruction, notice, document or communication reasonably believed by Us to be genuine and originating from an authorized representative of Your entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, We reserve the right (but undertake no duty) to require additional authentication from You. You further agree to be bound by the terms of this Agreement, and any other agreement and/or policies required by the Services purchased, for transactions entered into by You, anyone acting as Your agent and anyone who uses Your account or the Services, whether or not authorized by You.
It is Your responsibility to provide accurate, current, and complete information during registration to use our Services, and it is Your responsibility to ensure that Your contact information is accurate, correct and complete at all times. Providing false contact information of any kind may result in the termination of Services. If You need to verify or change Your contact information, please contact Us.
You agree to be fully responsible for the activity that occurs on Your account, whether authorized by You or not, and You must keep Your account information secure, including without limitation Your user name, password, shopper PIN. You agree to immediately notify Lookafter of any breach of security or unauthorized use of Your password or account. Lookafter will not be liable for any loss You incur due to any unauthorized use of Your account. You, however, may be liable for any loss Lookafter or others incur caused by Your account, whether caused by You, or by an authorized person, or by an unauthorized person.
Lookafter makes every effort to help You move Your website and its content to Us. However, We do not make any guarantees regarding the availability, possibility, or time required to complete the data transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all data. In some cases, We may not be able to assist You in a transfer of data from an old host. Lookafter will not be held responsible should there be any migration failure due to various reasons.
As a condition of accessing and using the Site and the Services, You acknowledge and agree that:
You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails and other content on or through Lookafter Services (collectively, "User Content"). User Content includes any content posted by You or by users of any of Your websites hosted through the Services. You are solely responsible for any and all User Content and any transactions or other activities conducted on or through Your websites ("User Websites"). By posting or distributing User Content on User Websites or through the Services, You represent and warrant to Lookafter that You have all the necessary rights to post or distribute such User Content, and Your posting or distribution of such User Content does not infringe or violate the rights of any third-party.
Solely for purposes of providing the Services, You hereby grant to Lookafter a non-exclusive, royalty-free, worldwide right and license to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Lookafter does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with You.
Lookafter exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Lookafter's computers, servers, network hubs and points of presence or the Internet. We do not monitor User Content. However, You acknowledge and agree that Lookafter may, but is not obligated to, immediately take any corrective action in its sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if You violate the terms of this Agreement. You hereby agree that Lookafter shall have no liability due to any corrective action that We may take.
Except for User Content, all content made available through the Services, including but not limited to designs, templates, text, graphics, images, video, information, audio and other files, and all software used to provide the Services (collectively "Lookafter Content"), are the property of Lookafter or its licensors. No Lookafter Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or trade secrets from any Lookafter Content. Any use of Lookafter Content, other than as specifically authorized herein, is prohibited and will automatically terminate Your rights to use the Services and any Lookafter Content.
You are entirely responsible for ensuring that scripts/programs are properly installed in Your account. Lookafter is not responsible for securing and setting the permissions of directories. You are recommended to set permissions on most directories to as restrictive as possible.
You are entirely responsible for all actions taken under Your account, including the compromise of credentials such as user name and password. You are required to use a secure password. Audits may be done to prevent weak passwords from being used.
The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Lookafter may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, You consent to monitoring for these purposes.
Any account found connecting to a third-party network or system without authorization from the third-party is subject to suspension. Access to networks or systems outside of Your direct control requires the express written consent of the third-party. Lookafter may, at our sole discretion, request documentation to prove that Your access to a third-party network or system is authorized.
Lookafter reserves the right to terminate and/or suspend access to Services of any account that causes us to receive an abuse report. If You do not remove malicious content from Your account after being notified by Lookafter of an issue, We reserve the right to leave access to the Services disabled.
We reserve the right to transfer Your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
Lookafter grants you a non-sub-licensable, non-exclusive and non-transferable license ("License") to use its proprietary software, and only in conjunction with this Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software; use the software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels on the software. As between the parties, you acknowledge that Lookafter retain ownership of all software, any portions or copies thereof, and all rights therein. You further agree that Lookafter will have irrevocable, non-exclusive, worldwide, royalty-free rights with respect to the use of any member developed content posted to public areas of Lookafter, without compensation to You.
This Site and the Services may contain links to third-party websites that are not owned or controlled by Lookafter. Lookafter assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Lookafter does not censor or edit the content of any third-party websites. By using this Site or Our Services, whether provided directly by Us or by a third-party, You expressly release Lookafter from any and all liability arising from Your use of any third-party website and/or services offered by them.
Lookafter may offer certain third-party products and services. Such products and services may be subject to the terms and conditions of the third-party provider. Discounts, promotions and special third-party offers may be subject to additional restrictions and limitations by the third-party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third-party provider with whom You are dealing. Lookafter does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of products or services provided by a third-party provider. You undertake all transactions with these third-party providers at Your own risk. You are solely responsible for any license and other fees required by the third-party providers, for using any third-party software installed on Your account. We do not warrant the accuracy or completeness of any information regarding third-party providers. Lookafter is not an agent, representative, trustee or fiduciary of You or the third-party provider in any transaction.
You agree to pay all fees due for the Services at the time you order them. The fees will automatically be charged annually or according to subscription, in advance. Lookafter may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Lookafter within thirty (30) days after the mailing date of the invoice, or the Services may be suspended. Your account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it or cheque returned for any reason and that amount remains unpaid at the beginning of the next accounting cycle. Access to the Services will not be restored until payment has been received. Unpaid invoices are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, plus all expenses of collection, including reasonable attorney's fees. Further, Lookafter may impose a charge to reactivate suspended Services and/or to restore archived data from delinquent account. Under no circumstances shall Lookafter be responsible for any loss or damages caused by disabled Services due to late payment or payment failure.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, electronic funds transfers, cheques, or any other payment method. Payment by fraudulent means will result in immediate and permanent termination of the account, and possible criminal penalties.
Any discrepancy or dispute in invoice or payment made must be reported to Lookafter within thirty (30) days after payment is made. Lookafter will not accept any dispute in payment made after 30 days.
Lookafter reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you.
Your agreement with Lookafter shall begin when you order the Services, and shall automatically renew for successive terms unless terminated or cancelled by either party as provided in this section.
You may terminate or cancel the Services by giving Lookafter written notice thirty (30) days in advance of the expiry date shown on current renewal invoice. In such event, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. Refunds do not apply to Services unless otherwise specified.
Lookafter may, in its sole judgement, terminate the Services at any time, without prior notice, if You are in violation of any terms or conditions herein, or Your use of the Services places or is likely to place unreasonable demands upon Lookafter or could disrupt Lookafter's business operations, or Your use of the Services may compromise or have an adverse effect on Our systems or networks, or Your use of the Services may be in breach of any law.
In the event of termination of this Agreement caused by Your default hereunder, You shall bear all costs of termination, including reasonable costs Lookafter incurs in closing Your account. You agree to pay any and all costs incurred by Lookafter in enforcing Your compliance with this section. Upon termination, You shall cease to use all Services and destroy any copy of the materials provided to You hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, Lookafter may delete all content related to You on the Services.
Lookafter provides customer support on best-effort basis relating to Your Services. Lookafter will not be held responsible for any other issues that resulted directly or indirectly due to the support provided. If You request for support for Services that are not part of Your subscription, Lookafter reserves the rights to charge a support fee for any website/server troubleshooting and extra services. Lookafter, at its sole discretion, reserves the right to deny providing support requested by You with or without reasons.
You must provide Lookafter with all information and/or access to facilities that Lookafter may reasonably require to provide the requested support. You are solely responsible for performing and storing a backup of Your data, files, account and any other content prior to requesting customer support and agreeing to any interference or operation, provided by Lookafter. In the event You are not satisfied with the outcome of any action, You shall be solely responsible for restoring the backup of Your data. Lookafter is not responsible for any problems or data loss due to misunderstanding, miscommunication or mistakes, and shall not be held liable for any compensation.
You should not abuse the helpdesk system. Abuse of the helpdesk system includes without limitation excessive number of emails sent or tickets opened by a single customer, aggressive and/or harassing behavior, etc. Any abuse of the helpdesk system may result in warning, helpdesk access restrictions, account suspension or possible account termination with no refund. Lookafter has the sole right to decide what constitutes abuse of the helpdesk system.
You are required to read Lookafter's Acceptable Use Policy ("AUP"). You agree to adhere to the AUP and will not allow Our Services or equipment to be used for activities prohibited by such policies. We may revise the AUP from time to time by posting a new version thereof on the Our Site, and you are responsible for awareness of such revisions. In the event of any conflict between the AUP and Terms and Conditions, the Terms and Conditions will govern. Lookafter may impose penalty fees to the customer if the AUP is violated.
You understand that in no event shall Lookafter, its officers, directors, employees, agents, and all third-party service providers, be liable to You or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from the accuracy, completeness, or content of this Site; the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this Site; the Services found at this Site or any sites linked (through hyperlinks, banner advertising or otherwise) to this Site; personal injury or property damage of any nature whatsoever; third-party conduct of any nature whatsoever; any unauthorized access to or use of Our servers and/or any and all content, personal information, financial information or other information and data stored therein; any interruption or cessation of Services to or from this Site or any sites linked (through hyperlinks, banner advertising or otherwise) to this Site; any viruses, worms, bugs, trojan horses, or deleterious programs, which may be transmitted to or from this Site or any sites linked (through hyperlinks, banner advertising or otherwise) to this Site; any User Content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, obscene or otherwise objectionable; and/or any loss or damage of any kind incurred as a result of Your use of this Site or the Services found at this site, whether based on warranty, contract or any other legal or equitable theory, and whether or not Lookafter is advised of the possibility of such damages.
You agree that Lookafter will not be liable for any suspension or loss of the Services; interruption of business; access delays or access interruptions to the User Websites provided through or by the Services; loss or liability resulting from natural disasters; data non-delivery, mis-delivery, corruption, destruction or other modification; events beyond the control of Lookafter; the processing of Your application for Services; or loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.
In addition, You specifically acknowledge and agree that in no event shall Lookafter’s total aggregate liability exceed the total amount paid by you for the particular Services that are the subject of the cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this Agreement or Your use of this Site or the Services found at this Site. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Lookafter.
You agree to protect, defend, indemnify and hold harmless Lookafter and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Lookafter directly or indirectly arising from Your use of and access to this Site or the Services found at this Site; Your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; Your infringement of any intellectual property or other right of any person or entity through this Site or the Services; and/or Your violation of any third-party right, including but not limited to any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
You expressly agree that use of the Services is at Your sole risk. The Services is provided "as is" without warranty of any kind, and Lookafter disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and noninfringement.
Lookafter makes no warranty that the Services will meet Your requirements, or that the Services will be uninterrupted, timely, secure, virus free, or error free. Any material and/or data downloaded or otherwise obtained through this Site or the use of the Services is at Your own discretion and risk. You will be solely responsible for any damage to You resulting from the use of the Services. Lookafter will not be liable for any indirect, incidental, special or consequential damages of any kind resulting from the use of or the inability to use the Services, resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Services, resulting from loss of, unauthorized access to or alteration of user's transmissions or data or for the cost of procurement of substitute goods and services, including but not limited to damages for loss of profits, use, data or other intangibles, even if Lookafter has been advised of the possibility of such damages.
Lookafter makes no representation or warranty that the content available on this Site or the Services are appropriate in every country or jurisdiction, and access to this Site or the Services from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services are responsible for compliance with all local laws, rules and regulations.
Lookafter will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to such authorities any suspect activity it becomes aware of, and may disclose Your information to law enforcement agencies without further consent or notification to You upon lawful request from such agencies.
Lookafter shall not be responsible for any damages your business may suffer. Lookafter makes no warranties of any kind, expressed or implied for the Services. Lookafter disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Lookafter or our employees.
If you have any questions or concerns regarding this Agreement, please contact us through the following contact points: