End User License Agreement (EULA)
Updated as at December 21, 2017
This End User License Agreement (“EULA”) is a legal agreement between the End User and SalesCandy granting the End User the license to download, install and use the SalesCandy App, whether through the End User’s desktop computer, or any other mobile devices.
We license the use of the SalesCandy App to the End User on the basis of this EULA and subject to the End User’s compliance of the TOU, the Google Play Store Terms of Service, and the terms and conditions of the applications stores and platform from which the SalesCandy App is obtained.
We remain the owners of the SalesCandy App at all times and we agree to grant the End User a licence to use the SalesCandy App subject to the restrictions and limitations set out in both the EULA and TOU.
By downloading, installing or using the SalesCandy App, the End User agree to the terms of this EULA. If the End User does not agree to the terms of this EULA, the End User must not proceed to download, install or use the SalesCandy App.
Unless otherwise specified below, the capitalized words in this EULA shall have the same definition as the TOU. The following terms shall have the stated meaning:
|Effective Date||Means the date which the SalesCandy App is downloaded.|
|End User||Means the person to whom the SalesCandy grants a revocable right or license to use the SalesCandy App under this EULA.|
|Force Majeure Event||An event that is not within the reasonable control of SalesCandy, including failure of public or private telecommunications networks, acts of God, wars, insurrections, hostilities, riots, floods, fires, storm warnings, landslides, lightning, earthquakes, washouts, industrial disturbances, acts of a public enemy, acts of terror, sabotage, blockades, epidemics, arrests and restraints of rulers and peoples etc.|
2. Revisions and Changes to this EULA
- This EULA may be modified, revised, changed, amended, replaced, removed, or withdrawn without advanced notice to the End User.
- The End User shall check the SalesCandy App from time to time for any updates or changes to this EULA.
- The latest published EULA shall replace any older version of this EULA.
- Continued use of the SalesCandy App shall be deemed as acceptance of the latest EULA.
- This EULA shall start on the Effective Date.
- This EULA shall continue indefinitely, until terminated in accordance with the TOU and/or clause 13 of this EULA.
- This EULA applies to the SalesCandy App, including any updates or supplements to the SalesCandy App, unless expressly overridden by separate terms.
- The End User has or is deemed to have permission and consent from the owners of the Device that are controlled, but not owned, by the End User to download the SalesCandy App onto the Device.
- The End User shall be responsible and liable for the use of the SalesCandy App on any Device, whether or not it is owned by the End User.
- By using the SalesCandy App, the End User consents to SalesCandy collecting and using technical information and data about the Device and its related software and hardware, that SalesCandy regards as necessary to provide and improve SalesCandy’s products and services.
- The End User acknowledges that SalesCandy will collect the technical information and non-personally identifiable data including but not limited to, hardware versions, software versions, location or GPS tracking information, usage rate and patterns, statistics, demographics, the number and duration of calls, sms, or messages sent through the instant messaging function of the SalesCandy App made by the User to the Leads only. We will collect and process such data primarily for the improvement of the Services and the SalesCandy App, and SalesCandy shall fully own all of such data.
1. Subject to the compliance of the TOU, SalesCandy grants to the End User a non-exclusive, non-transferable, revocable license to install and use a compiled code copy of the SalesCandy App, subject to the limitations and prohibitions set out and referred to in this clause.
2. Except as expressly set out in this EULA, the End User agrees:
a) Not to copy the SalesCandy App except where such copying is incidental to normal use of the SalesCandy App;
b) Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the SalesCandy App;
c) Not to make alterations to, or modifications of, the whole or any part of the SalesCandy App, or permit the SalesCandy App or any part of it to be combined with, or become incorporated in, any other programs;
d) Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the SalesCandy App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the SalesCandy App with another software program or mobile application;
e) To comply with all applicable laws and regulations that apply to the technology used or supported by the SalesCandy App;
f) Not to use the SalesCandy App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the SalesCandy App;
g) Not to infringe SalesCandy’s intellectual property rights or those of any third party in relation to the End User’s use of the SalesCandy App;
h) Not to transmit any material that is defamatory, offensive, or otherwise objectionable in relation to the End User’s use of the SalesCandy App;
i) Not to use the SalesCandy App in a way that could damage, disable, overburden, impair or compromise SalesCandy’s systems or security or interfere with other users and/or End Users; and
j) Not collect or harvest any information or data from any SalesCandy’s systems or services, or attempt to decipher any transmissions to or from the servers running any SalesCandy’s systems or services.
3. The End User may not sub-license and must not purport to sub-license any rights granted under this EULA.
6. Source Code
Nothing in this EULA shall give to the End User or any other person any right to access or use the source code or constitute any license of the source code.
The End User acknowledges that SalesCandy may from time to time release new versions of the SalesCandy App, and may automatically update the version of the SalesCandy App that the End User is using on the End User’s Device. The End User consents to such automatic updating of the SalesCandy App on the End User’s Device, and that SalesCandy will not be liable to the End User for any loss of data or leads, delays or downtime due to such updates.
If the automatic update of the SalesCandy App does not work, either due to disabling by the End User or for any other technical reasons, the End User shall be responsible for updating the SalesCandy App manually to the latest versions.
Depending on the update, the End User may not be able to use SalesCandy’s Services until the End User has downloaded the latest version of the SalesCandy App and accepted any new terms.
8. Intellectual Property
Nothing in this EULA shall operate to assign or transfer any intellectual property from SalesCandy to the End User, or from the End User to SalesCandy.
1. SalesCandy warrants to the End User that:
a) It has the legal right and authority to enter into this EULA and to perform its obligations under this EULA;
b) The SalesCandy App including its updates, will be free from viruses, worms, Trojan Horses, ransomware, adware and other malicious software programs, however, SalesCandy will not be responsible or liable for the occurrence of the aforesaid, unless directly attributable to the wilful default or gross negligence of SalesCandy; and
c) The SalesCandy App will incorporate security features reflecting the requirements of reasonable industry standards.
2. SalesCandy warrants to the End User that the SalesCandy App, when used by the End User in accordance with this EULA and the TOU, will not breach any laws, statutes, or regulations applicable under Malaysian law.
3. To the maximum extent permitted by Malaysian law, no other warranties or representations concerning the subject matter of this EULA will be implied into this EULA or any related contract.
10. Warranties Limitations
- The End User shall be responsible for obtaining its own internet connection, a compatible Device, data, voice, sms and for bearing the related telecommunication and data charges for using the Services.
- The End User acknowledges that the SalesCandy App requires access to the internet and mobile data to be fully functional. SalesCandy shall not be responsible for reduced or non-functionality of the SalesCandy App resulting from poor or lack of internet connection and mobile data.
- The End User acknowledges that complex mobile applications like SalesCandy App is never wholly free from security vulnerabilities and may contain Defects. Therefore, SalesCandy gives no warranty or representation that the SalesCandy App will be wholly secure and/or free from Defects, and shall not be responsible or liable for any Defects, unless directly attributable to the wilful default or gross negligence of SalesCandy.
- The End User acknowledges and agrees that use of the SalesCandy App provided is at the End User’s sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort lies with the End User.
The End User agrees to indemnify, defend and hold SalesCandy and SalesCandy’s directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives harmless against third-party claims, losses, liability, fines, penalties, damages and/or cost (including, but not limited to, legal fees) arising from
a) the End User’s use of the SalesCandy App (whether authorized or unauthorized);
b) the End User’s dealings with other Users;
c) the End User’s breach of applicable laws and regulations;
d) the End User’s breach of third-party rights; or
e) the End User’s breach of the TOU.
12. Exclusions of Liability
SalesCandy shall not be liable to the End User in respect of any:
a) Losses arising out of a Force Majeure Event;
b) Losses arising from Defects, failure of performance, delay or interruptions;
c) Loss of profits or anticipated savings;
d) Loss of anticipated commissions, revenue or income;
e) Loss of business, contracts; opportunities or goodwill;
f) Loss or corruption of any data, database or software;
g) Breach of data arising from the failure of the End User to:
- report a lost or misplaced device; or
- set a screen lock for the Device;
- set a password for the Device;
h) Any special, indirect or consequential loss or damage.
i) It may be possible for End Users to access or use the SalesCandy App while offline for up to 24 hours after termination of the End User’s Account. SalesCandy shall not be responsible for any damages whatsoever, arising from the offline access and misuse by the End User of the SalesCandy App after termination of the Account.
- SalesCandy may terminate this EULA immediately by written notice to the End User if the End User commits a material or persistent breach of this EULA which the End User fails to remedy (if remediable) any time after the service of written notice requiring the End User to do so;
- The End User may terminate this EULA by uninstalling the SalesCandy App.
- On termination for any reason:
- All rights granted to the End User under this EULA shall cease;
- The End User shall immediately cease all activities and uses authorised by this EULA;
- The End User shall immediately stop using the SalesCandy App;
- The End User shall immediately uninstall the SalesCandy App from all Devices, and immediately destroy all copies of the SalesCandy App in the End User’s possession, custody or control. SalesCandy shall not be responsible for retaining any data or backup data arising out of the End User’s use of the SalesCandy App prior to termination.
Any notice in writing under this EULA to SalesCandy shall be sent to SalesCandy by email at firstname.lastname@example.org.
15. Force Majeure Events
1. SalesCandy shall not be liable or responsible for any failure to perform, or delay in performance of any of SalesCandy’s obligations under this EULA that is caused by a Force Majeure Event.
2. If a Force Majeure Event occurs that affects the performance of SalesCandy’s obligations under this EULA:
a) SalesCandy’s obligations under this EULA will be suspended and the time for performance of SalesCandy’s obligations will be extended for the duration of the Force Majeure Event; and
b) SalesCandy will use reasonable endeavours to find a solution by which SalesCandy’s obligations under this EULA may be performed despite the Force Majeure Event.
- The End User shall immediately notify the Super Managers in the event of lost or misplacing of Device or any unauthorized access to the SalesCandy App or the Device.
- If any terms in this EULA shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
- No failure to exercise or any delay in exercising any right of remedy by SalesCandy under this EULA shall operate as a waiver thereof.
- This EULA, including both contractual and non-contractual disputes or claims, is governed by, and shall be construed in accordance with the laws of Malaysia and be subject to the exclusive jurisdiction of the courts of Malaysia.
- Prior to commencing any legal action against each other, the parties shall first attempt to settle a dispute expeditiously and in good faith.