Terms of Use

Unless you have a separate agreement with us, this Terms of Use (“TOU”) is a legally binding document that governs your use of the Services.  Please take the time to read and understand our TOU.

References to “SalesCandy”, “us” or “we” will mean Sales Candy International Sdn Bhd, our service providers, contractors, Affiliates (i.e. any entity that has control over us, we have control over, is under our control, or under common control with us), or other business partners.  

References to “Users” or “you” shall include any company or individual who has agreed to use or continues to use our Services, whether as user of a Master Account or a Sub-Account, and where the person is a company, the terms shall include the employees, authorized personnel, independent contractors and agents of such company. 

Unless such terms are specified to apply to users of Master Account or Sub-Account only (collectively, “Users”), every term in this TOU shall apply to all Users.

By using SalesCandy’s Services, Users shall also comply with the Google Play Store Terms of Service, and the terms and conditions of the applications stores and platforms from which the SalesCandy App is obtained.

Our Privacy Notice and End User License Agreement (EULA) will form part and parcel of this TOU, so any reference to the TOU shall be construed to mean the TOU, Privacy Notice and the EULA. 
 

Interpretation

The following terms have the stated meaning: 

Terms Definition
Account A Master Account and/or a Sub-User Account.
Business Day A day (other than a Saturday, Sunday, gazetted national public holiday OR a non-business day as published on SalesCandy’s website).
Defects Means the minimum specifications of a Device for the SalesCandy App or website to run optimally, including the specifications as listed below:
For the Android SalesCandy App: Android 4.1 and onwards, 2GB RAM, Minimum 16GB Storage Space, 2GB available, 4.5-inch screen and
Availability of Google Play Store. For the browser-based SalesCandy App: Compatible internet browser, i.e. latest release of Chrome, Firefox, and Safari.
Device Any electronic device (including desktop computers, laptop computers, smart phones, smart watches, tablets, and any other mobile devices), Windows-based or otherwise, on which the SalesCandy App or website can be accessed, downloaded and/or used.
Features The features on the SalesCandy App or website made available to Users, as set out here.
Fees The fees payable to SalesCandy for the Services, as set out here or as agreed in SalesCandy’s quotation or invoice, whichever is applicable.
GST Goods and Services Tax charged pursuant to the Goods and Services Tax Act 2014 of Malaysia.
Intellectual Property Includes copyright and all worldwide rights conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trademarks and designs, logos, layouts, source codes, work flows and features, data and databases, confidential information, know how, trade secrets and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
Landing Page A landing page that will gather and channel lead data directly from the Leads.
Leads An existing or potential client, lead or prospect of the Users.
Licenses Licenses, permits, approvals and authorizations required to carry out a certain business activity.
Master Account The type of Account that is accessible only by Super Managers, with features described in Clause 4(a) below. For the avoidance of doubt, Master Account users are not prohibited from being users of and access to Sub-Accounts as well.
Minimum Specifications Means the minimum specifications of a Device for the SalesCandy App or website to run optimally, including the specifications as listed below:For the Android SalesCandy App:Android 4.1 and onwards;2GB RAM; Minimum 16GB Storage Space, 2GB available;4.5-inch screen; andAvailability of Google Play Store. For the browser-based SalesCandy App:Compatible internet browser, i.e. latest release of Chrome, Firefox and Safari.
Personal Data Has the meaning ascribed to it in the Personal Data Protection Act 2010 of Malaysia, and includes personal data and sensitive personal data of the Leads.
Project Manager Means the user who is designated as a project manager by a Super Manager and granted access and use of a Sub-Account.
SalesCandy App Includes:- any mobile device based application released by SalesCandy; or- any web-based application released by SalesCandy.
Salesperson Means the user who is designated as a salesperson by a Super Manager and granted access and use of a Sub-Account.
Sub-User Account The type of Account that is allocated by the Super Manager and accessible by Users who are either Salespersons and/or Project Managers or both, with the features described in Clause 4(b) below.
Super Manager The User and holder of a Master Account. For the avoidance of doubt, a Super Manager may be a user of and have access to Sub-Accounts as well.
User-Generated Content Any content, information or data, whether of a textual, visual or aural in nature, posted or generated by the Users or through the SalesCandy App or website, whether publicly accessible or not or when using the Services.
Users The users of either or both of the Master Account and the Sub-User Account.

1. General

a) By using:

  1. the SalesCandy App;
  2. the SalesCandy website “www.salescandy.com” and “app.salescandy.com”; 
  3. any Features; or
  4. your Account, 

(collectively, “Services”)

you are deemed: 

  1. to be over 18 years of age;
  2. to have acknowledged and agreed to adhere to this TOU, which constitutes your agreement to be bound by these TOU that establishes a contractual relationship between you and SalesCandy. 
  3. to be legally capable of entering into a binding agreement;
  4. to not be in breach of any applicable laws by entering into a legal, contractual relationship with us;
  5. to be duly authorized to enter into a legal, contractual relationship with us (if applicable); 
  6. to have read our Privacy Notice and have provided your consent to use your personal information in accordance with the same; 
  7. to have acquired and will maintain appropriate insurance coverage and any Licenses applicable in the areas for which you will use the Services; and
  8. to have expressly agreed to be contacted by phone, email, through the SalesCandy App, text messaging, push notifications by us and applicable third parties.  
     

b) If you do not agree with our TOU, kindly refrain from using the Services.

c) This TOU supersedes all prior agreements or arrangements with you unless we agree otherwise. 

d) The Services may contain links to third-party websites that are not owned or controlled by SalesCandy. We assume no responsibility for any third-party claims, losses, liability, damages and/or cost (including, but not limited to, legal fees) arising from your use of such third-party websites. Please ensure you understand and agree to the terms of use of such third-party websites. 

e) You are responsible for obtaining your own Device, internet connection, data, voice, sms and for bearing the related telecommunication charges for using the Services. 

 

2. Revisions and Changes to the TOU

a) We reserve the right, in our sole discretion, to modify, revise, change, amend, replace, remove, or withdraw the terms under this TOU without advanced notice to you. 

b) Any updates to the TOU will be published on this page. So please check this page regularly to stay informed of the latest changes to the TOU. 

c) The latest published TOU shall replace any older version of the TOU. 

d) Continued use of the Services shall be deemed as acceptance of our latest TOU. 

 

3. Services Use and Prohibitions

a) You shall use the Services in compliance of the TOU, Privacy Notice and the EULA. 

b) You shall not use the Services:

  1. to commit or encourage a criminal offense or the breach of any laws in any jurisdiction;
  2. to engage in activities or submitting User-Generated Content that solicit personal information for unlawful purposes from other Users;  
  3. to transmit or distribute a virus, trojan, worm, logic bomb, keystroke logger, spyware, or any other material which is malicious, technologically harmful, in breach of confidence, in breach of personal data protection laws in any jurisdiction, or in any way offensive or obscene;
  4. in any manner that could damage, disable, overburden or impair any of SalesCandy’s servers, the networks connected to SalesCandy’s servers, or interfere with any other Users’ access and use of the Services; 
  5. to attempt to gain unauthorized access to the Services, other SalesCandy User’s Accounts, computer systems or networks connected to SalesCandy’s server, or information not intentionally made available on or through the Services, through hacking, password mining or any other means;
  6. to interfere with the proper operational integrity of the Services or any other activities conducted on the Services;
  7. to remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services;
  8. to license, sub-license, sell, re-sell, transfer, assign, distribute or otherwise commercially exploit or make available to any unauthorized third-party the Services in any way; 
  9. to link to, mirror, or frame any portion of the Services;
  10. to cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services;
  11. to decompile, reverse engineer, or disassemble the Services; 
  12. to corrupt, mine or steal any data from the Service or the Users;
  13. to cause annoyance to other Users;
  14. to infringe upon the rights of any other person’s proprietary rights; 
  15. to send any unsolicited advertising or promotional material, i.e. spam; 
  16. to send and/or transmit any information or material which, in our opinion, is morally objectionable; 
  17. in contravention of any third-party website terms from which Leads are directed from;
  18. to upload or circulate User-Generated Content which is indecent, obscene, false, menacing, or patently offensive in character with intent to annoy, abuse, threaten or harass any person.

and any of the breaches above are grounds for immediate termination of the Account. 

c) WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE YOU HAVE SUFFERED, CAUSED DIRECTLY OR INDIRECTLY BY YOUR BREACH OF THE TERMS ABOVE OR DUE TO YOUR IMPROPER USE OF THE SERVICES. 

 

4. Types of Accounts  

There are 2 main types of Accounts and users of the Services, as briefly described below. For more details and enquiries on the specific features available for each type of Account, kindly contact us at support@salescandy.com.

a) Master Account – Master Accounts are available to Super Managers only. The administrative and monitoring functions and features of the Services will be available through the Master Account. Super Managers will be able to grant access of Sub-User Accounts to Project Managers and Salespersons. The User of a Master Account will be primarily responsible for regulating and controlling the use of the Sub-User Accounts, and SalesCandy shall not be responsible for any damages, third-party claims, losses, liability, fines, penalties, damages and/or cost (including, but not limited to, legal fees) arising from the acts or omissions of the Sub-Users with regard to the misuse of the Services.

b) Sub-User Account – Sub-User Accounts are available to Super Managers, Salespersons and Project Managers. Project Managers and Salespersons will be allocated and granted access to Sub-User Accounts by the Super Managers by projects undertaken. The User of a Sub-User Account will be given access to basic features and functions such as:

  • Accepting and rejecting incoming Leads;
  • View Leads & Action Logs;
  • Action status update; and
  • Setting and viewing reminders to follow up. 

 

5. Account Creation and Security

a) All information you provide to us during the Account creation and registration process are regarded as representations by you, and must be truthful, up to date and accurate. 

b) If you are in violation of any terms in this section, we reserve the right to:

  • Suspend or terminate your Account immediately; 
  • To restrict, suspend your access or use of the Services; and
  • to forfeit any payment of any Fees or advance payments made in respect of the User or Account that is in violation.

c) You are responsible for keeping your Device secure, and for preventing unauthorized access to your Account. You shall take active steps to secure your Device, including, but not limited to, setting a screen lock and password for your Device. 

d) You will be solely responsible for use of the Account, and any acts or omissions arising from your Account, whether or not such acts or omissions are authorized or done by you. 

e) Your Account may become de-activated or suspended without prior notice to you if, based on our records, we have not received timely payment due on the Account. 

f) We are not liable for any damages, liabilities, losses or any other consequences caused (directly, or indirectly) arising from the use, whether or not authorized, of your Account. 

g) We are not liable for any loss of data arising from your failure to back-up or export your data to a separate location or Device periodically. 

h) We are not liable for any loss or breach of data arising from your failure to set a screen lock and password for your device. 

i) If you: 

  • become aware of any unauthorized use or breaches of your Account, or if your login details are no longer secure and confidential; or
  • lose or misplace your Device, 

immediately notify us by sending an email to support@salescandy.com.

j) You shall update the information contained in your Account promptly or inform us of any changes in the information provided by you when registering the Account.

 

6. Using the SalesCandy App

a) To access and use the features of the SalesCandy App, you must have a Device that meets the Minimum Specifications.

b) You shall secure your Device by setting up a screen lock and password. 

c) We do not warrant that the SalesCandy App will be compatible with your Device. 

d) The Minimum Specifications may change from time to time in our sole discretion without prior notice to you.

e) Subject to your compliance with our EULA, we grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the SalesCandy App for a maximum of one Master Account and/or one Sub-User Account.

f) You shall not be able to access your Account on the Android SalesCandy App on more than one Device at a time. 

g) You acknowledge that complex applications like the 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. 

h) You further acknowledge 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 on the User’s Device, or from the lack of resources, capability or required specifications on the User’s Device. 

i) You shall not:

  • modify, disassemble, decompile or reverse engineer the SalesCandy App;
  • rent, lease, loan, resell, sublicense, distribute or otherwise transfer the SalesCandy App to any third-party or use the SalesCandy App to provide time sharing or similar services for any third-party;
  • make any copies of the SalesCandy App;
  • remove, circumvent, disable, damage or otherwise interfere with security-related features of the SalesCandy App, features that prevent or restrict use or copying of any content accessible through the SalesCandy App, or features that enforce limitations on use of the SalesCandy App; or
  • delete the copyright and other proprietary rights notices on the SalesCandy App.

j) You acknowledge 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 you are using on your Device. You consent to such automatic updating of the SalesCandy App on your Device, and that SalesCandy will not be liable to you for any loss of data or leads, delays or downtime due to such updates.

k) Depending on the update, you may not be able to use SalesCandy’s services until you have downloaded the latest version of the SalesCandy App and accepted any new terms.

l) The foregoing license is not a sale of the SalesCandy App or any copy thereof, and SalesCandy or its third-party licensors or suppliers retain all right, title, and interest in and to the SalesCandy App and any copy of the same.

m) You agree to comply with all Malaysian and foreign laws related to use of the SalesCandy App.

 

7. Third-Party Service Features

a) The SalesCandy App interoperates with and utilizes a range of third-party service features to provide the Services. 

b) Any third-party code or feature that is available in the SalesCandy App may be covered by an open source or third-party end user license agreement authorizing use of such code, and you agree to observe the terms and agreements set by such third parties.

c) If a third-party feature provider ceases to provide that Feature, SalesCandy may opt for another third-party to provide similar Features. 

d) If SalesCandy, after taking reasonable measures to do so, is unable find an alternative third-party provider, or if it is not commercially or technically feasible to engage an alternative third-party provider, SalesCandy shall reserve the right to no longer make available the affected Feature or Services without liability to SalesCandy.    

 

8. User-Generated Content Submission Policy

a) We reserve the right to access, review, monitor all User-Generated Content submitted, stored or uploaded through the SalesCandy App, at any time and for any reasons whatsoever. 

b) You shall be solely responsible for your own posted or submitted User-Generated Content and the consequences of submitting and publishing your User-Generated Content on the SalesCandy App. 

c) You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents and permissions to publish the User-Generated Content. 

d) You agree to grant us a license to use all relevant intellectual property in and to such User-Generated Content submitted through the SalesCandy App. 

e) You agree to not submit User-Generated Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, hateful, dangerous, threatening, misleading, contain nudity or sexual content, or User-Generated Content that be construed as constituting harassment and cyber bullying or that could endanger a person, or User-Generated Content that we, in our sole and absolute discretion, is deemed not suitable for publishing on the SalesCandy App.  

f) You further agree that the User-Generated Content you submit through the SalesCandy App will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have written permission from the rightful owner of the material to do so.  

g) We reserve the right to remove and delete any User-Generated Content , based on our sole and absolute discretion, without notice to you. We shall not be liable to you for any losses or damage suffered by you arising directly or indirectly from any deletion or removal of submitted User-Generated Content. 

 

9. Force Majeure

In no event shall we be responsible or liable for any failure or delay in the performance of our obligations under this TOU arising out of or caused by, directly or indirectly, forces beyond our control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services, it being understood that the we shall use reasonable best efforts which are consistent with accepted practices in the technology and information technology industry to resume performance of our obligations as soon as practicable under this TOU. 

 

10. Notices

Any notice required or permitted to be given under this TOU shall be given in the form of an email to:

  • if to be sent to us, to support@salescandy.com;
  • if to be sent to you, to the email address you used when registering for an Account. 

 

11. Limitation of Liability

THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES. UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCURING SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THE SERVICES, DELAY OR INTERRUPTION IN THE SERVICES, AND ANY MATERIALS POSTED THEREON, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, COMMON LAW OR OTHERWISE. WITHOUT PREJUDICE TO THE FOREGOING, OUR LIABILITY SHALL BE CAPPED AT 3 MONTHS OF FEES PAID IN RESPECT OF THE ACCOUNT GIVING RISE TO THE DAMAGES.

IT MAY BE POSSIBLE FOR USERS TO ACCESS OR USE THE SALESCANDY APP WHILE OFFLINE FOR UP TO 24 HOURS AFTER TERMINATION OF A USER’S ACCOUNT. SALESCANDY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER, ARISING FROM THE OFFLINE ACCESS AND MISUSE BY A USER OF THE SALESCANDY APP AFTER TERMINATION OF THE ACCOUNT.

THIS DISCLAIMER SHALL NOT AFFECT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, NOR FOR FRAUDULENT MISREPRESENTATIONS, MISREPRESENTATION AS TO A FUNDAMENTAL MATTER OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

 

12. Errors and Delays

a) We are not liable to you for any interruptions in the Services, errors, delays or other technical problems. We recommend that you always keep a copy of any data or information that you have uploaded to the SalesCandy App in case of any service interruption or failure. 

b) As service providers, we are committed to ensuring that Users receive to the closest extent possible high-quality Services from us with minimal interruptions subject to the limitation of liability as contained in this TOU.  


13. Use of Your Personal Data

a) By using the SalesCandy App and our Services, you consent to the collection of your Personal Data by us. We will process your Personal Data for the primary purpose of providing the Services to you and for other purposes set out in the Privacy Notice (“Purposes”). We will not disclose your Personal Data to non-affiliated third-parties other than as stated in our Privacy Notice. By using the SalesCandy App and our Services, you acknowledge that we are not liable or responsible for any Personal Data that you disclose intentionally or unintentionally, nor for any loss or damage suffered by you arising from the unauthorized disclosure of Personal Data belonging to third parties. By using the SalesCandy App and our Services, you hereby give your express consent to us to process, store and use of all Personal Data submitted through the SalesCandy App, whether or not the Personal Data belongs to the User or other third parties.

b) In addition to your Personal Data, we will also collect non-personally identifiable data, including, but not limited to, tracking information, usage rate and patterns, statistics, demographics, the number and duration of calls, sms, or messages sent through the instant messenging 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.   

 

14. Intellectual Property & User Generated Content

a) We are the owner (or the licensee, where applicable) of all proprietary and Intellectual Property rights available on the SalesCandy App (including all information, data, texts, graphics, visual interfaces, artworks, photographs, logos, icons, sound recordings, videos, look and feel, software programs, computer code, downloadable files, software applications, interactive features, tools, services) or other information made available on or through the Services. 

b) Ownership of User-Generated Content submitted to the Services shall remain with the party that submitted the User-Generated Content , as further set out below. 

c) We grant you, subject to this TOU, a non-exclusive, non-transferable, non-assignable, personal, limited license to access and use the SalesCandy App for your own personal and non-commercial use. This license is revocable at any time without notice to you or any liability to us. All rights not expressly granted to you are reserved by us.

d) All other trademarks, trade names, service marks, product names and logos contained herein that are not owned by, licensed to or controlled by us are used in an editorial fashion only, and to the benefit of respective owners, with no intention of trademark infringement.

e) You retain all of the ownership rights in the User-Generated Content you submitted. However, by submitting User-Generated Content  to the SalesCandy App, you grant us a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User-Generated Content  in connection with the Services and SalesCandy’s (and its Affiliates') business, including without limitation for promoting part or all of the Services (and derivative works thereof) in any media formats and through any media channels. 

f) The above licenses granted by you in User-Generated Content submitted to the SalesCandy App terminate within a commercially reasonable time after you remove or delete its User-Generated Content from the SalesCandy App. You agree, however, that we may retain, but not display or distribute copies of the User-Generated Content that have been removed or deleted on the SalesCandy App. 

 

15. Your Representations and Warranties

You hereby represent and warrant that:

a) You have all necessary authority, rights and permissions to submit the User-Generated Content  and grant the licenses described in this TOU;

b) Your User-Generated Content  is accurate, current and complete;

c) Your  User-Generated Content  and your use of the SalesCandy App and Services shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other Intellectual Property Rights of any third-party or violate any other rights of third parties, including, without limitation, any rights of privacy or publicity or any contractual rights;

d) Your  User-Generated Content  and your use of the SalesCandy App and Services shall not violate any applicable law or regulation or cause injury to any person; and

e) Your use of the SalesCandy App and the Services shall not violate any agreements between you and a third-party. 

 

16. Indemnity

You agree to indemnify, defend and hold us and our 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 your use of the SalesCandy App and the Services, (whether authorized or unauthorized), your dealings with other Users, your breach of applicable laws and regulations, your breach of third-party rights, or your breach of the TOU.  

 

17. Mandatory Termination & Suspension

a) We reserve the right to terminate or suspend your Account without notice or cause, in our sole discretion, for any reasons including, but not limited to:

  • Your breach of this TOU;
  • Your conduct being detrimental to the business interest or reputation of SalesCandy;
  • Your breach of any applicable laws & regulations; and
  • Your breach of any third-party rights. 

b) Except as otherwise set out in this TOU, upon mandatory termination of your Account by SalesCandy for any of the above reasons, any Fees paid to us shall be forfeited.

 

18. Invalidity

If any terms in this TOU shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

 

19. Independent Contractor

SalesCandy is an independent contractor, and no other relationship (e.g. joint venture, agency, trust or partnership) exists between you and SalesCandy. 

 

20. No Waiver

No failure to exercise or any delay in exercising any right of remedy by us under this TOU shall operate as a waiver thereof.

 

21. No Transfer

You will not transfer any of your rights or obligations under this TOU to anyone else without our consent. 

 

22. Entire Agreement

This TOU shall constitute the entire agreement between you and us and supersede all preceding and contemporaneous agreements between you and us. Any waiver of any provision of the TOU will be effective only if in writing and signed by us.

 

23. Governing Law and Jurisdiction

This TOU, 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. 

 

24. Complaints and Disputes

Prior to commencing any legal action against each other, we shall first attempt to settle a dispute expeditiously and in good faith. Please email us at support@salescandy.com.


SERVICE LEVEL COMMITMENT CHARTER

 

1. Uptime

Except for any scheduled downtimes as announced on support.salescandy.com at least 3 Business Days in advance, SalesCandy will use all reasonable commercial efforts to ensure that the Services are available to you 99.9% of the time in any calendar month.

 

2. Incident Resolution

2.1 Upon receiving any incident report via:

SalesCandy will provide (i) diagnosis of problems or performance deficiencies of the Services and (ii) use all reasonable commercial efforts to cure reported errors in the Services within the response times stated below. 

2.2 SalesCandy, at its sole discretion and determination, generally categorizes reported problems into two (2) severity levels :

 

Priority Issue (“P1”) 

  • This applies to any faults in the Services caused by bugs which cannot be remedied by SalesCandy via an alternative work-around. 
  • For faults falling under Level P1, the fault will be remedied via a patch rollout within 5 working days from when the fault is first reported to and received by SalesCandy in writing.  

 

Priority Issue (“P2”)

  • This applies to any faults in the Services caused by bugs which can be remedied by SalesCandy via an alternative work-around. 
  • For faults falling under Level P2, the fault will be remedied via a patch rollout within 10 working days from when the fault is first reported to and received by SalesCandy in writing. 

2.3 SalesCandy may require you to replicate any reported bugs in the event SalesCandy is unable to replicate the reported bugs. 

2.4 If the reported bugs cannot be replicated by both parties after reasonable attempts have been made to replicate such bugs, SalesCandy may opt to regard the bug as resolved or patched.