This website is operated by DETIK IDEAL SDN BHD (DISB). Throughout the site, the terms “We”, “Us” and “Our” refer to DISB.
DISB offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting and using our website and/or purchasing our applications (herein referred to as the"Platform"), you engage in our“Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Certain functionalities, features or services on the website will only be accessible on a subscription basis or purchase to own, and you may need to execute an official quotation. The terms and conditions of this agreement shall be incorporated into the quotation. In case of any inconsistency, discrepancy or omission between the terms and conditions of this agreement and any terms and conditions of the quotation, the terms and conditions of the quotation shall prevail.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
IF YOU ARE ENTERING INTO THIS AGREEMENTON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THEAUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND USERS TO THESE TERMS ANDCONDITIONS, IN WHICH CASE THE TERM “CUSTOMER" SHALL REFER TO SUCH ENTITY,ITS AFFILIATES AND ANY OF ITS USERS OR ANY PERSON ON THEIR BEHALF. IF YOU DONOT HAVE SUCH AUTHORITY OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS,YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE
Irrespective of the country from which you access or use the Platform, the Terms of Service shall be governed by and construed in accordance with the laws of Malaysia without regard to choice or conflicts of law principles, and that you agree to submit to the exclusive jurisdiction of the courts of Malaysia to resolve any claims or disputes which may arise in connection with the terms and conditions.
Any new features or tools which are added to the Platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms ofService by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
DISB currently provides users with access to a collection of on-line applications (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the Terms of Service. You understand and agree that the Service is provided“AS-IS” and that DISB assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalisation settings. To use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
In the event where you subscribe to our on-premise software, install antivirus or other mobile security software to protect against any security or other vulnerabilities which may arise in connection with the use of such on-premise software.
In consideration of your use of the Service, you agree to:
provide true, accurate, currentand complete information about yourself (such information being the“Registration Data”); and,
maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or DISB has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DISB has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Subject always to your continuing compliance with the terms of this Agreement and payment of the relevant fees for the Platform, DISB agrees to grant you and your authorised users anon-exclusive, non-sublicensable and non-transferable licence to use thePlatform insofar as owned by or licensed through us on any compatible device owned by you during the term of this Agreement, and only for your internal business purposes, on and subject to the terms of this Agreement. All other rights not expressly granted to you are reserved by DISB.
Use of the Platform is subject to the usage limits as set out in the relevant quotation. If you exceed the usage limit, you shall promptly notify DISB and work with DISB to promptly change your usage to comply with the limit. You agree and acknowledge that DISB is entitled to invoice you for any usage exceeding the usage limit.
Access to some software components used in our Platform may be offered under third party licences as we may notify you of, in which case your use of those components is governed by such terms to the extent only of any inconsistency between this Agreement and those terms.
You undertake not to (and shall not, knowingly or otherwise, authorise, allow or assist any third party to):
reproduce, transfer, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the website, use of the website, or access to the website;
modify or adapt the whole or any part of the Platform, or permit the Platform or any part of it to be combined with, or become incorporated in, any other application, programs or other platforms created by you;
decompile, reverse engineer or otherwise attempt to discover the source code of our Platform or any components thereof, except under any specific circumstances expressly permitted by law or by us in writing;
communicate, republish, upload, post, transmit, edit, re-use, rent, lease, loan, sell, assign, transfer, distribute, make available, license, sublicense or create derivative works or adaptations based on the whole or any part of the Platform;
use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or in contravention of any applicable law, including infringement of our intellectual property rights or those of any third party in relation to the Platform;
use the Platform in a way that could damage, disable, impair or compromise the Platform (or the systems or security of the Platform or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of DISB;
use any automated process or service to access and/or use the Platform;
provide, distribute or share, or enable the provision, distribution or sharing of, thePlatform (or any data associated therewith) with any third party;
reproduce, adapt, republish, translate, publish, display, communicate, hyperlink, post, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit the whole or any part of the Platform in any manner or by any means or stored in an information retrieval system except to the extent permitted and with our prior written permission and/or that of the relevant rights owner;
reproduce, display or otherwise provide access to the Platform on another website or server, for example through framing mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without our prior written permission; and
transmit or introduce any viruses, corrupted files, harmful elements, or any materials during the course of your use of the website that: (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitates illegal activity; (iii) promotes unlawful violence; or (iv) is otherwise illegal or causes damage or injury to any person or property, and we reserve the right, without liability to or prejudice to our other rights against you, to disable your access to any material that breaches the provisions of this sub-Clause (k), or to terminate or suspend your access to the Platform.
You acknowledge and agree that:
when using our services, you shall be subjected to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. DISB also may offer other services from time to time, which are governed by different terms and conditions;
the intellectual property rights in all materials published on the Platform(including, but not limited to documents or data in any format, news articles, photographs, images, illustrations, audio clips and video clips) are owned by DISB or the party credited as the provider of such materials. You shall at all times abide by all additional copyright notices, information, or restrictions contained in any materials accessed through the Platform;
the licences granted herein do not confer on you any rights to use any other intellectual property rights of DISB, including the DISB logo and any other logos, service marks, slogans, product names and designations and other proprietary indicia used as part of the Platform, all of which are and remain the property of DISB;
We shall have the right to at any time and from time to time:
switch to another data centre hosting any of the underlying infrastructure, middleware, application software, and application data as determined by DISB inits sole and absolute discretion, without ascribing any reasons whatsoever;
automatically update the Platform and its components, add or remove functionalities, features or services and;
deny or restrict access to the Platform or any Platform Functions whether to any user or generally, or to block access from or to any resources, at any time, including in the event of a violation or alleged violation of this Agreement, your act or omission that causes harm to DISB or its affiliates' brand, reputation or business as determined by DISBin its sole and absolute discretion, without ascribing any reasons whatsoever,
and in any such event, you agree that no claims shall lie against Us or our affiliates, employees, agents or our service providers in connection therewith.
In the event where you subscribe for our subscription or maintenance services asset out in the quotation, such subscription or maintenance services shall include:
the hosting of data and attachments, regular backup and disaster recovery at AWS data centre;
software updates in connection with government legislative changes, software patches and software enhancements; and
telephone support from 9 a.m. to 5 p.m. (local time), Monday to Friday, excluding public holidays in Malaysia. Any and all software or technical enquiry shall be raised through ticketing system via the email address provided to you,
unless otherwise agreed in writing between the parties.
Certain services, functionalities or features on the Platform are subject to your due and timely payment of fees prescribed by us from time to time ("Fees").Unless otherwise stated in the quotation, all Fees shall be paid in advance, are non-refundable (even in the event of early termination or non-availability of any account or the Platform). You shall bear all taxes and other duties payable in connection with all payment of Fees to DISB under this Agreement.
You shall pay any good and services tax or any other tax levies or charges now or hereafter imposed by law.
All payments hereunder shall be made by way of electronic payment to an account designated by DISB within seven (7) days from the date of DISB's invoice as detailed therein except where specified otherwise.
For the purpose of calculating the Fees asper quotation per month for the current month, the total number of users shall be based on the total number of active users on the last day of the previous month, or the number of users stated in the Agreement during the contract period, whichever is higher.
Billing will start from the date as set out in the quotation regardless of whether you have started using the Platform or not.
If you fail to make payment when due, DISB may charge you interest at one and a half percent (1.5%) per month on the amounts outstanding, from the date such payment is due until the date payment is made in full. DISB has the right to suspend the Platform until the late payment is made in full.
You expressly understand and agree that DISB, our affiliates, officers, employees, directors, owners, partners, agents, service providers, information providers, licensors and licensees, successors, contractors, subcontractors, suppliers and assigns to (collectively herein referred as "IndemnifiedParties") 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 ifDISB has been advised of the possibility of such damages), resulting from:
the use or the inability to use the service;
the breach of this Agreement and any terms relating to your use of the Platform;
the cost of procurement of substitute products and services resulting from any products, data, information or services purchased or obtained or message received or transactions entered into through or from the service;
unauthorised access to or alteration of your transmission or data;
statements or conduct of the any third party on the service; or
any other matter relating to the service.
You expressly acknowledge and agree that, to the maximum extent permitted by applicable law, use of the Platform is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
You agree to indemnify, defend and hold harmless the Indemnified Parties, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents.
You acknowledge that your use of the Service is at your sole risk. The Service is provided on an “As Is” basis, and DISB does not make any warranty, express or implied, with respect to the Service, including without limitation any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third party rights.
Without prejudice to any provision herein, either party may terminate this Service Agreement by giving the other thirty (30) days’ prior written notice to that effect.
In the event of termination by you before the expiry of the MinimumContract Period, you agree to pay DISB a sum equal to the total subscription fees for the Minimum Contract Period (based on the number of users stated in the Order Form) minus all subscriptions fees that have already been paid to DISB prior to such termination.
DISB may, without prejudice to any other rights or remedies of DISB and notwithstanding any waiver of any previous breach, suspend the Service in the event that any monies payable by you for the Service are in arrears or any amount shown in DISB’s bill is not settled in full for more than thirty (30) days from the invoice due date. You shall be liable for all charges and fees incurred up to and including the date of such suspension and where such suspension occurs before the end of the Minimum Contract Period, you shall be liable for the total subscription fees up to the end of the Minimum Contract Period. Notwithstanding the aforesaid, upon payment by you of all monies due and owing to DISB, DISB may at its sole discretion and subject to such terms as it deems proper, reconnect the Service.
You shall pay DISB in full all fees, costs and expenses accrued and owing to DISB prior to termination by or upon termination of this Service Agreement. The termination of this ServiceAgreement shall be without prejudice to your obligations which have accrued prior to such termination, including, without limitation, your obligation to pay all monies due and owing to DISB hereunder. DISB may summarily terminate this Service Agreement without any liability to you, directly or indirectly, in damages or otherwise if:
in the reasonable opinion ofDISB, You have breached any of the terms and conditions herein contained; or
you make any voluntary arrangement with your creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction ); or
an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of Yours.
Save as is otherwise specifically provided in the Agreement, we shall not be liable for failures or delays in performing our obligations hereunder arising from any cause beyond DISB reasonable control, including without limitation, any breakdown or malfunction of hardware, software, networks or systems used in connection with the Platform, acts of God, outbreak of hostilities, civil disturbance, acts of civil or military authority, fires, strikes, lockouts or labour disputes or industrial action of any kind, epidemics, governmental restrictions, wars, terrorist acts, riots, explosions, fire, earthquakes, storms, typhoons, floods and breakdowns in electronic and computer information and communications systems, and in the event of any such delay, the time for our performance shall be extended for a period equal to the time lost by reason of the delay and any additional recovery time required by us.
You shall not assign, transfer, sub-contract or in any other manner make over to any third party the rights, benefit and/or obligations under this ServiceAgreement without the prior written consent of DISB.
You hereby grant to DISB a non-exclusive, perpetual, sublicensable, royalty-free licence to DISB to use, display and reproduce your trade name(s), corporate mark(s) and logo(s) to identify you as a customer of DISB in connection with corporate publicity or marketing purposes.
Each of the terms and conditions in this Agreement is severable and distinct from one another and if at any time, anyone or more of this Agreement and conditions or any part thereof is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions will not thereby be affected or impaired in any way and will remain in force.
The rights and remedies provided in this Agreement are cumulative and not exclusive of any other right or remedies (whether provided by law or otherwise).
No failure on our part to exercise and no delay on our part in exercising any right or remedy under this Agreement will operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of such right or remedy or the exercise of any other right of remedy. Any waiver by us of our rights or remedies in respect of any terms under this Agreement or any breach of this Agreement on your part must be in writing and may be given subject to such terms and conditions as we may deem fit and is effective only in the instance and for the purpose for which it is given.
Unless the context otherwise requires, words importing the singular shall also include the plural and vice versa. Words denoting the masculine gender include the feminine gender and both shall include the neuter gender.
The headings in this Agreement are inserted for ease of references only and shall not affect the construction of this Agreement.
This Agreement, and the documents in it, constitutes the entire agreement between you and us with respect to your use of the Platform and you have not entered into this Agreement in reliance upon any representation, warranty or undertaking of DISB which is not set out in this Agreement. Nothing in this Clause 12 shall however operate to limit or exclude liability for fraud.
The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
The failure of DISB to exercise and/or enforce, and no delay on its part in exercising and/or enforcing, any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
The parties hereto are independent contractors and neither party is a partner or joint venturer or employee or agent of the other nor is either party entitled to act as the other party's agent nor shall the latter be liable in respect of any representation act or omission of the former of whatever nature. For the avoidance of doubt, each party shall have no authority, express or implied, to assume or create any obligation or liability on behalf of the other party, and shall have no authority to represent the latter in any other capacity except as expressly provided in this Agreement.
Except for the Indemnified Parties referred to in Clause 6, a person who is not a party to this Agreement shall have no right to enforce or enjoy the benefit of any term of this Agreement. Notwithstanding any term of this Agreement, the consent of any person who is not a party to this Agreement is not required to rescind or vary this Agreement at any time.
Notices to you may be made via either email or regular mail. The Platform may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service.
This Agreement shall be governed by and construed in accordance with laws of Malaysia. You hereby submit to the non-exclusive jurisdiction of the Malaysian courts.
To ask any questions about this Terms of Service, the practices of this website, or our Services, or make any suggestions or tell us about any other ideas concerning our Platform, please contact:
Address : Detik Ideal Sdn Bhd, F-3-3 StrandGarden OfficeJalan PJU 5/1 Kota Damansara 47810, PetalingJaya, Selangor Darul Ehsan, Malaysia