askAILA Terms & Conditions
Welcome to askAILA’s Terms and Conditions. We are truly excited to have you abroad. Thank you for choosing to use our services.
Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone.
This agreement, together with such additional terms which specifically apply to our services as presented on askAILA’s Website (collectively referred to as the askAILA Terms), all set forth the entire terms and conditions applicable to each user (“you”) of the askAILA’s website and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise. The askAILA Terms constitute a binding and enforceable legal contract between Shangco Tech Sdn Bhd (t/a askAILA) and its affiliated companies and subsidiaries (“us” or “we”) and you in relation to the use of any askAILA Services - so please read them carefully.
You may visit and/or use the askAILA services only if you fully agree to the askAILA Terms - and by using and/or registering to any of the askAILA Services, you signify and affirm your informed consent to these terms and conditions and any other askAILA Terms applicable to your use of any of the Services. If you do not read, fully understand and agree to the askAILA Terms, you must immediately leave the Website and avoid or discontinue all use of the Services.
1.1. The definitions and rules of interpretation in this clause apply in this Agreement.
Documentation : the documentation made available to you on the askAILA website as sets out from the Services, more particularly as defined below
Effective Date: the date of this Agreement or upon payment made by you, whichever earlier
Subscription Term : 12 months upon payment made by the Member, or any renewal period
Member Data : the data inputted by you or us on your behalf for the purpose of using the Services or facilitating your use of the Services
Membership : the user subscriptions purchased by you which entitle you to access and use the Services and the Documentation in accordance with this Agreement
Services : all services made available to you as which is listed in the packages shown on the Website including to chat with our askAILA
Software : the online software application provided by us on the Website as part of the Services
Subscription Fees : the subscription fees payable by you to us in accordance with the Subscription Plans as set out in the Plans information pages, or any other fee which may be amended or revised by us from time to time with or without prior notice
Subscription Plans : the types of subscription plan made available to you on the Website
User Account : your account registered with askAILA
Virus : any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices
Website : website at https://www.askaila.online/login
1.2. Clause and paragraph headings shall not affect the interpretation of this Agreement.
1.3. A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality).
1.4. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.5. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.6. A reference to a statute or statutory provision is a reference to it as it is in force as at the date of this Agreement.
2. MEMBER’S SUBSCRIPTIONS
2.1. Subject to you subscribing to the Membership and complying with askAILA Terms and Conditions, we hereby grant you a non-exclusive, non-transferable right to use the Services and the Documentation during the Subscription Term.
2.2. In order to access and use the Services and/or Documentation, you must first log in to your account with askAILA by activating the account with askAILA. If anyone other than yourself accesses your User Account, they may perform any actions available to you on the Website, make changes to your User Account and accept any legal terms available therein, if applicable, make various representations and warranties and more, and all such activities will be deemed to have occurred on your behalf.
2.3. As you will be solely and fully responsible for all activities that occur under your account (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities, we strongly encourage you to keep your log-in credentials of your User Account confidential and only allow such access to people you trust.
2.4. You may, during the Subscription Term, access or enjoy the Services included under the Subscription Plans by submitting a request via email to us at the email directed in the Website, or any other communicated way which shall be determined by us from time to time. subject to the availability of the Services.
2.5. You may, during any Initial Subscription Term, upgrade the existing Subscription Plans to the next package or add on any further services by notifying us and paying the additional Subscription Fees or any other fees incurred on the additional services.
3. YOUR OBLIGATIONS
3.1. You shall not:
a) except as may be allowed by any applicable law:
i. and except to the extent expressly permitted under this Agreement, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Documentation (as applicable) in any form or media or by any means; or
ii. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
b) access all or any part of the Services and Documentation in order to build a product or service which competes with the Services and/or the Documentation; or
c) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services and/or Documentation available to any third party; or
d) attempt to obtain, or assist third parties in obtaining, access to the Services and/or Documentation; or
e) use any illegal action to collect login data and/or passwords for other websites, third parties, software or services; or
f) publish and/or make any use of the Services on any website, media, network or system other than the Website, except as expressly permitted by us, in advance and in writing;
g) act in a manner which might be perceived as damaging to askAILA’s reputation and goodwill or which may bring us into disrepute or harm;
h) impersonate any person or entity or provide false information on the Services, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to us;
i) violate, attempt to violate or otherwise fail to comply with any of the askAILA Terms or any laws or requirements applicable to your use of the Services.
3.2. You undertake and agree to:
a) fully comply with all applicable laws and any other contractual terms which govern your use of the Services (and any related interaction or transaction), including those specific laws applicable to you;
b) be solely responsible and liable with respect to any of the uses of the Services which occur under your User Account;
c) receive from time to time promotional messages and materials from us or our partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
d) our right to offer the Services in alternative price plans and impose different restrictions on the use of the Services in each price plan.
3.3. You shall use best endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify us.
3.4. You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you, with or without further notice to you, and without any refund of the Subscription Fees.
4. OUR OBLIGATIONS
4.1. We shall use reasonable endeavours to make the Services available 24 hours and to be performed substantially with reasonable skill and care.
a) do not warrant that your use of the Services will be uninterrupted or error-free; or that the Services, Documentation and/or the information obtained by you through the Services or Website will meet your requirements; and
b) are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
5. SUBSCRIPTION FEES AND INVOICES
5.1. The use of the Service shall be subjected to payment of Subscription Fees as shown in the Website, or any other particular fee, as determined by us, in our sole discretion. In each case, the Subscription Fees is payable in advance. The Subscription Fees shall be made with PayPal or any other payment form and manner deemed acceptable by us.
5.2. All amounts and fees stated or referred to in this Agreement are non-cancellable and non-refundable in anyway whatsoever and are exclusive of any applicable taxes, including but not limited to Services Tax.
5.3. Any renewal fees shall be made known to you at least 60 days prior to the expiry of the Initial Subscription Term.
5.4. All payments made by you pursuant to this Agreement shall be in Ringgit Malaysia.
5.5. We and/or our authorised partners will issue an invoice for any payment of Subscription Fees made to us. Each invoice will be issued in electronic form and based on the information inputted by you in the PayPal account upon your purchase of any of the Subscription Plans. It will be made available to you via your User Account or by email.
6. PROPRIETARY RIGHTS
6.1. You acknowledge and agree that we and/or our licensors own all intellectual property rights in the Services and the Documentation. Except as expressly stated herein, this Agreement does not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Documentation.
7. TERM AND TERMINATION
7.1. This Agreement is effective as of the Effective Date and expires on the date of expiration unless otherwise terminated as provided in Clause 7.2 below.
7.2. We reserve the right to change, suspend or terminate any of the Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Services for any reason and/or change of any of askAILA’s Terms with or without any prior notice at any time and in any manner.
7.3. Failure to comply with any of the askAILA Terms shall entitle us to suspend or cancel your User Account, as well as the provision of any related Services.
7.4. In the event there is any dispute on your User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgement, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we deemed in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request any documentation (as we deemed necessary) that may assist us in determining ownership.
8. DISCLAIMER OF WARRANTIES
8.1. We provide the Services and/or Documentation on an “As Is” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of fitness for a particular purpose, non-infringement, or any other warranty, all to the fullest extent permitted by law. We specifically do not represent or warrant that the Services and/or Documentation are suitable for or compatible with any of your contemplated devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Therefore please be sure to verify those before using or otherwise engaging them.
8.2. We may, at our sole discretion, screen, amend, modify and/or edit any content or feature in the Website, at any time and for any reason, with or without any notice.
9. LIMITATION OF LIABILITY
9.1. askAILA, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, special, incidental, reliance or consequential damages of any kind, including any damages resulting from:-
a) errors, mistakes, or inaccuracies of or in any content or Documentation;
b) any personal injury or property damage related to your use of the Service or Documentation;
c) any unauthorised access to or use of the Website and/or any personal information and/or other information stored therein;
d) any interruption or cessation of transmission to or from the Services;
e) events beyond our reasonable control, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties, occurrence of epidemic or pandemic, and/or outbreak of any infectious disease action or inaction of governmental which shall include lockdown or partial lockdown ordered by the government; and/or
f) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of the Services and/or Documentation.
10.1. You agree to defend, indemnify and hold harmless askAILA, its officers, directors, shareholders, employees, affiliates and agents against any and all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation to court costs and legal fees) arising out of or in connection with your use of the Services and/or Documentation or your violation of any of askAILA Terms and/or this Agreement.
11. OUR RIGHTS
11.1. We reserve the rights to amend, vary, suspend and/or terminate any of the Service, Documentation, Subscription Plans, features in the Website or anything applicable thereto at any time (including during the Subscription Term) with or without any prior notice to you, whereby such decision shall be determined by us at our sole discretion.
12. ENTIRE AGREEMENT
12.1. This Agreement together with askAILA Terms and any documents referred to in it shall constitute the whole agreement between you and askAILA and supersede any previous arrangement, understanding, promises, negotiations, covenants or representations made between you and askAILA, including our respective representatives relating to the subject matter or the Service herein.
13.1. You may not at any time assign, transfer or deal in any other manner whatsoever with all or any of your rights or obligations under this agreement. However, we may assign our rights and/or obligations hereunder and/or transfer ownership rights and titles in the Website, Service and/or Documentations to a third party as we deemed fit without your consent or any prior notice to you.
14. NO PARTNERSHIP OR AGENCY
14.1. Nothing in this Agreement is intended to or shall operate to create a partnership, joint venture, employer-employee, agency relationship between us, or any authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
15. GOVERNING LAW
15.1. This Agreement, askAILA Terms and any dispute or claim arising out of or in connection with the Services, its interpretation or the breach, termination or validity thereof shall be governed by and construed in accordance with the law of Malaysia.
15.2. Each party irrevocably agrees that the courts of Malaysia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation.
16.1. We may provide you with notices in any of the following methods:-
a) via the Services including by a banner or any pop-up within the Website;
b) by email to the email address provided by you upon subscription; and/or
c) through any other means or methods including call or drop any instant communication through any phone number you provided to us.
16.2. Such notice shall be deemed received and effective immediately after it was published or sent through any of the foregoing methods, unless otherwise stipulated in the notice.
17.1. If any of the provision of this Agreement or askAILA Terms is held to be illegal, invalid or unenforceable in whole or in part in any jurisdiction, this Agreement shall, as to such jurisdiction, continue to be valid as to its other provisions and the remainder of the affected provision and the legality, validity and enforceability of such provision in any other jurisdiction shall be unaffected.
18. PERSONAL DATA
18.1. askAILA, its officers, directors, shareholders, employees, affiliates and/or agents will collect your personal data to provide you the Services. We collect your personal data from your subscription to the Services and any other sources related to the Website.
18.2. We shall use your personal data for the following purposes:-
a) to provide the Services or any additional services which may be personally required by you from time to time;
b) to provide you with our customer assistance and technical support, if any;
c) to further develop, expand and improve our Services;
d) to enable us to contact you;
e) to help us to update, expand and analyse our records to identify new members;
f) to facilitate, sponsor, and offer certain events and promotions;
g) to analyse our performance and marketing activities;
h) to create aggregated statistical data and other aggregated and/or inferred information, which we or our business partners may use to provide and improve our respective service;
i) to comply with any applicable laws and regulations, and
j) to disclose it pursuant to a legal request such as subpoena, legal proceedings or court order, if we have good faith believe that the law requires us to do so.