March 10, 2023

Terms of Use

This website is operated and owned by Sage 42 Apps Sdn Bhd (Company No. 1038863-K) having its place of business at B-13-07, Tower B, Vertical Business Suites, Bangsar South, No. 8, Jalan Kerinchi, 59200 Kuala Lumpur, Malaysia (“Sage42“). Access to, and use of, our websites at www.sage42.net or www.ventana.my (“Sage Site”) and/or subscription to Sage Services as specified in the Sage Site are subject to the terms of use listed below (“Terms of Use”). Please read this information carefully. Your use of this website, including the services provided on this website, signifies your agreement to follow and be bound by these Terms of Use including any and all amendments as may be made from time to time.

The Sage Site and Sage Services

1.1 Use of Sage Site and Sage Services

These Terms of Use apply to the Sage Site and any Sage Services located or specified therein. This Sage Site is owned by Sage42 and its licensors.

By visiting and using the Sage Site and/or the Sage Services in any manner including but not limited to visiting or browsing the Sage Site and/or subscribing to the Sage Services, you agree to these Terms of Use including those additional terms and conditions, and policies referred to in this Terms of Use and/or available by hyperlink which you acknowledge represent a legally binding agreement between you and Sage42. These Terms of Use apply to all users of the Sage Site and the Sage Services.

If you are agreeing to these Terms of Use on behalf of or as a representative of a company or other organisation, you represent that you have the authority to bind that company or organisation to these Terms of Use, and the terms “you” and “your” will refer to that company or organisation.

By using the Sage Site, you understand that any information you send to the Sage Site may be intercepted or read by third parties even where there is notification that the transmission is encrypted. The said third parties shall include, but not be limited to, cross-communication platforms providers (such as WhatsApp, Telegram) and social networking platforms or service providers (such as Facebook).

In the event that there are additional terms and conditions applicable to the subscription of Sage Services and to specific portions or features of the Sage Site including promotions, contents or any additional or variable features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions including where applicable, representing that you are of a sufficient legal age to use or participate.

You may not use the Sage Site and/or the Sage Services or any Content for any purpose that is unlawful or prohibited by the Terms of Use or to solicit the performance of any illegal activity or other activity which infringes Sage42’s rights or rights of third parties.

All rights not expressly granted to you in these Terms of Use are reserved and retained by Sage42. Any rights including any licence granted to you in these Terms of Use will be terminated if you do not comply with these Terms of Use.

Sage42 may at its sole discretion refuse to offer access to or use this Sage Site and/or the Sage Services to any person or entity and may change the eligibility criteria at any time without notice to you.

1.2 Definitions

These definitions apply in these Terms of Use unless the context requires a different interpretation:

“Affiliates” means any corporation, company, partnership, joint venture and/or firm which controls, is controlled by, or is under common control with a member of the Sage42. For the purpose of this definition, “control” means the power, directly or indirectly, to appoint a majority of the directors or trustees of the other member, or to otherwise direct or cause the direction of the management, policies or power of the other member, whether through the ownership of voting shares, by appointment of directors, by contract or otherwise.

“Content” includes but is not limited to text, photographs, trademarks, music, artwork, computer code, visual interfaces, graphics, user interfaces, logos and music, including but not limited to the design, selection, expression, “look and feel”, structure and arrangement of the Content on the Sage Site and as provided via the Sage Services.

“Intellectual Property” means all intellectual property rights including without limitation copyright, patents, rights in circuit playouts, service marks, registered designs, trademarks, trade names, copyrights, database rights, logos, graphics, photographs, animations, videos and text, rights of privacy and publicity and other forms of intellectual or industry property, know how, inventions, formulae, confidential or secret processes, trade secrets, any other protected rights or assets, the right to have confidential information kept confidential, right to intellectual property granted pursuant to a licence agreement, and any application or right to apply for registration of any of those rights including all rights to have any of the foregoing registered or granted upon application, in each and any part of the world and whether or not registered or registerable and for the full period thereof, and all extensions and renewals thereof and all applications for registrations in connection with the foregoing.

“User” includes the end user organization or a named individual authorised by you to use the Sage Site or Sage Services.

“Service” or “Services” means the products and services ordered by you and made available online by Sage42. The Services include any modifications, enhancements, updates, revisions and derivative works thereof.

1.3 Changes to Terms of Use

Sage42 reserves the right, at its sole discretion and without further notice, to change, modify, vary, supplement, add or delete portions of or all portions of these Terms of Use or to make changes to the Sage Site at any time or upon notice by local laws. You acknowledge that it is your responsibility to check the Sage Site for these Terms of Use from time to time. Your continued use of or access to the Sage Site and/or Sage Services following the posting of any changes constitutes your acceptance of those amendments to the Terms of Use.

2. Applicable Policies

These Terms of Use shall be read together with any other policies determined by Sage42 including the policies which are listed in Sage42’s website(s).

3. Intellectual Property

The Sage Site and Sage Services including its Content (including any configurations, customisations, modifications, enhancements, updates and revisions therein) are owned, controlled or licensed by or to Sage42 and protected by the laws on Intellectual Property rights, the common law and laws relating to unfair trade practices, unfair competition and other applicable laws.

Your access to and/or use of the Sage Site and/or Sage Services does not in any manner whatsoever grant you any right in relation to our and/or or other third parties’ (where applicable) Intellectual Property.

You may not, except with our express written permission, copy, reproduce, upload, reverse engineer, post, republish, publicly display, encode, transmit, distribute, translate, store or commercially exploit in any way including “mirroring” any part of the Sage Site, Sage Services and/or the Content to any other website or other form of electronic or mechanical methods or medium (“Prohibited Activities”). You may not carry out the Prohibited Activities in respect of any of the content and/or information supplied to, accessed by and/ or disclosed to you in connection of your access and/ or use of the Sage Site and/or Sage Services and you shall not and are not permitted to use such content and/or information in connection with any business or commercial purposes in any manner whatsoever.

You may use information on the Sage Site (such as standard terms and conditions, policies and similar documents) made available by Sage42 for downloading from the Sage Site provided that:

• you use such information only for your personal and non-commercial purpose;

• you do not make any changes to such information;

• you do not make any representations or warranties relating to such information; and

• you do not remove any proprietary notice language in all copies of the documents downloaded.

To the extent permitted by law, any material, information or idea that you submit to the Sage Site or through the Sage Services and/or provide to us (with the exception of data covered under our Privacy Policy) shall be taken to mean that you have granted us a nonexclusive license to use, copy, disclose, distribute, incorporate and/or otherwise use them for any purposes whatsoever, including but not limited to, broadcast, publication, reproduction, transmission, developing, manufacturing and marketing products.

All of Sage42’s graphics, logos, designs, page headers, button icons, scripts, service names and words referenced herein are either trademarks or registered trademarks of Sage42 and its Affiliates. Sage Site’s copyright, trademarks, service marks, logos, business name, domain name and rights in trademarks and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

If you believe that any content appearing on the Sage Site may constitute the infringement of your or any other party’s Intellectual Property, you shall immediately inform Sage42. Upon receiving notification of a claim, Sage42 shall make reasonable endeavours to investigate and/or remove the Content or material within a reasonable time. Such steps are taken without any admission as to liability and without prejudice to Sage42’s rights, remedies and defences, all of which are expressly reserved. You shall indemnify Sage42 for all claims brought by a third party against Sage42 and its Affiliates arising out of or in connection with such claim.

4. Use of and Restrictions on the Sage Site and the Platform

4.1 Non-Commercial Use and Downloading of Information

Please refer to Section 3 of these Terms of Use for further information on Intellectual Property rights.

Sage42 authorises you to view and download the information and materials at the Sage Site and through the Sage Services only for your own personal and non-commercial use provided that you ensure all copyright and other proprietary notices contained in the original materials on any copies of the materials are maintained and preserved.

You acknowledge that any use of these materials and information are copyrighted and any unauthorised use by you of any materials and information at the Sage Site and/or the Sage Services may violate copyright, trademark and other laws. If you are suspected of breaching or breach any of these Terms of Use, your authorisation to use the Sage Site or the Sage Services automatically terminates and you must immediately destroy any downloaded or printed information or materials.

All materials downloaded or otherwise obtained through the Sage Site and/or the Sage Services are done at your sole discretion and risk, and you shall be solely responsible for any damage to Sage42’s computer system or loss of data that may result from the download of any such material. No advice or information whether oral or written obtained by you from Sage42 or through or from the Sage Site and/or the Sage Services shall create any warranty not expressly stated herein.

4.2 No Unlawful or Prohibited Use and Suspicious Activities

You warrant to Sage42 that as a condition of your use of the Sage Site and/or the Sage Services, you will not use the Sage Site and/or the Sage Services for any purpose that is unlawful or prohibited by these Terms of Use, conditions and notices, and the relevant and applicable laws or to solicit the performance of any illegal activity or other activity which infringes the rights of Sage42 or other parties, or encourage or abet in any unlawful activities.

In addition to all other prohibitions as may be contained in these Terms of Use, you warrant that you, either by yourself or in concert with another, will not use the Sage Site or the Sage Services for any and all of the following activities:

• act in any manner or take any action which could damage, disable, impair or overload the Sage Site and/or the Sage Services, our infrastructure or interfere with any other party’s use and enjoyment of the Sage Site and/or the Sage Services;

• probe, scan or test the vulnerability of the Sage Site or any network connected to the Sage Site and/or the Sage Services, nor breach the authentication or security measures on the Sage Site and/or the Sage Services, or any network connected to the Sage Site or the Sage Services, and shall not reverse look-up, trace or seek to trace any information on any other user or visitor to the Sage Site, or any other customer of Sage42, including any Sage42 account not owned by you, to its source or exploit the Sage Site or any service or information made available or offered by or through the Sage Site and/or the Sage Services, with the purpose of retransmitting to or from, or posting on the Sage Site and/or the Sage Services any unlawful, threatening, defamatory, libellous, obscene, pornographic, or other material that would violate any law;

• use an anonymising proxy, any robot, spider, other automatic device, program, algorithm or methodology, or any similar or equivalent manual, semi-automated or automated-process to monitor, access, acquire or copy any portion of the Sage Site, Sage Services and/or Content, or in any way reproduce or circumvent the navigational structure of the presentation of the Sage Site, Sage Services, and/or Content without our prior written permission;

• use any device, software or routine to interfere or attempt to interfere, attempt to interfere with the proper working of the Sage Site or Sage Services or any transaction conducted on the Sage Site or via Sage Services, or involve any scheme to undermine the integrity of the data, systems or networks used by Sage42 or any user of the Sage Site or the Sage Services or gain unauthorised access to any portion or feature of the Sage Site or the Sage Services, or any other systems or networks connected to the Sage Site or the Sage Services or to any Sage42 server by hacking or any other illegitimate means;

• obtain or attempt to obtain any information or materials through any means not intentionally made available or provided for through the Sage Site and/or the Sage Services;

• forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Sage42 on or through the Sage Site and/or the Sage Services and shall not represent or pretend that you are someone else, or impersonate any other individual or entity, or use another individual’s account without the express written consent of the said individual;

• facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate the Sage Site and the Sage Service, any system, data or information;

• act in a manner that is defamatory, trade libellous, threatening or harassing;

• engage in activities that violate any law, statute, ordinance or regulation;

• list, market, advertise, promote, negotiate, sell, distribute or complete transactions involving criminal activities as determined by local laws;

• engage any act that infringes Sage42’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

• provide false, inaccurate or misleading information and/or engage in potentially fraudulent or suspicious activity and/or transactions;

• disclose or distribute another user’s information to a third party, or use the information for marketing or promotional purposes unless you receive the user’s express written consent to do so; or

• use the Sage Site and/or the Sage Services in a manner that results in or may result in complaints, disputes, claims, fees, fines, penalties and other liability to Sage42, you, other users or third parties; or engage in an activity that would otherwise create any liability.

We reserve the right to immediately terminate or suspend or take such other action deemed suitable, in our sole discretion, if we have a reasonable suspicion or belief that you are using Sage Site and/or Sage Services for any purpose that is improper, unlawful or prohibited by these Terms of Use, conditions and notices, and/or under the relevant and applicable laws or to solicit the performance of any illegal activity or other activity which infringes the rights of Sage42 or other parties, or encourage or abet in any improper or unlawful activities or any activities listed above (“Suspicious Activities”). For clarity, we can exercise such rights where we have reasonable suspicion or belief of the Suspicious Activities taking place, prior to the determination that your account has been used in a manner that is improper and/or unlawful and/or prohibited by these Terms of Use, conditions, notices and the applicable laws.

4.3 Protecting Your Password

You will be required to provide a username and password as part of our security measures in registering you on the Sage Site and/or the Sage Services. You are solely responsible for the security and secrecy of your username and password and should not provide this information under any circumstances to anyone not expressly authorised by you to use your account. You accept sole responsibility for any act, omission or negligence in relation to the use of your account. You must immediately change your password if you have any reason to believe that your password has been compromised. Sage42 shall not be liable for any loss or damaged suffered by you in relation to the use of your account.

5. Cooperation and Investigations

You agree to provide all necessary information, materials and approvals, and render all reasonable assistance and cooperation necessary and required to assist in inter alia any investigation by us or governmental authorities, our authorised agents or persons or any such persons appointed, affiliated to us or otherwise engaged by us to evaluate whether you have breached the Terms of Use and/or in handling any complaint against you.

Where you fail to do so and such failure results in delay in, suspension or termination of your account, or access to the Sage Site and/or the Sage Services and the related services or any portion thereof, Sage42 shall not be obliged to extend the period for access to your account, the Sage Site and/or the Sage Services nor shall be liable for any loss or damages arising from such delay, suspension or termination.

Sage42 reserves the right to cooperate fully with governmental authorities, investigators and third parties in the investigation of any suspected civil or criminal wrongdoing. In this respect and subject to any policies determined and published by us on our websites, Sage42 may disclose your identity and contact information where requested by a government authority or law enforcement body, an injured third party or as a result of a subpoena or other legal action. Sage42 shall not be liable for breach of any confidential information or privacy rights and shall not be liable for any damages or losses arising from such disclosure, and you agree not to bring any action or claim against Sage42 for such disclosure.

6. Disclaimer and Release

6.1 Disclaimer

The Sage Site, the Sage Services and its Content are provided on an “As Is”, “With all faults” and “As available” basis. Sage42 and our Affiliates, our directors, officers, agents, joint ventures and employees disclaims all warranties (express, implied or statutory) in so far as permitted by law including but not limited to any warranties on the accuracy, merchantability, suitability or fitness for a particular purpose, or non-infringement of intellectual property and completeness, accuracy, reliability or validity of the Sage Services, information, Content and materials at the Sage Site and/or the Sage Services. Sage42 does not promise that the Sage Site, the Sage Services or any Content, information, material or feature of the Sage Site and/or the Sage Services will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Sage Site and/or the Sage Services will provide specific results.

Sage42 does not control and is not liable to or responsible for the validity, accuracy, suitability, quality, safety, correctness, reliability, stability, lawfulness or availability of the Services offered on the Sage Site. Sage42 does not represent or warrant that the offer, display, purchase, subscription and/or use of the Services offered or displayed on the Sage Site does not violate any third party rights or relevant laws and Sage42 does not make any representation or warranties of any kind concerning any Services offered or displayed on the Sage Site.

Sage42 does not guarantee continuous, uninterrupted or secure access to any part of the Sage Site and/or the Sage Services, and operation of Sage Site or the Sage Services may be temporarily suspended or interrupted for maintenance (whether routine or non-routine), error correction, upgrade or other changes, or interfered with by numerous factors outside of our control. Sage42 does not ensure that any files or other data downloaded from the Sage Site and/or the Sage Services will be free of contamination, virus or destructive features. Sage42 will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Sage42 makes no representations or warranties regarding the amount of time needed to complete processing because these are dependent upon many factors outside of our control, such as delays in the banking system, communications or mail service.

Sage42 does not warrant or guarantee that the Sage Site and/or the Sage Services will be free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojanhorses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

Sage42 may make changes to the information, content, materials or feature at the Sage Site and/or the Sage Services, or to the products and prices described in them, at any time without notice. The information, content or materials at the Sage Site and/or the Sage Services may be out of date, and Sage42 makes no commitment to update the information, content or materials at the Sage Site and/or the Sage Services. Content, materials or information published at the Sage Site and/or the Sage Services may refer to products, programs or services that are intended for use only in Malaysia and may not be used or relied upon in any other country save where otherwise provided.

Your remedy against Sage42 for dissatisfaction with the Sage Site, Sage Services, information or material is to stop using the Sage Site, Sage Services or any such Content, information or material.

6.2 Release

Sage42 shall not be responsible and/or liable for disputes between one or more users, or an outside party in circumstances where the said dispute does not involve, be attributed to and/or arise from any admitted act or omission of Sage42. Consequently, if you have a dispute with another user, you agree to release Sage42, Sage Site or Sage Services, our Affiliates, officers, directors, agents and employees from any and all claims, demands including indemnity and damages of any kind and nature, known and unknown, arising out of or in any way connected to the said dispute.

6.3 Force Majeure

Where applicable, Sage42 shall not be liable or be deemed to be in breach of these Terms of Use by reason of any breach, hindrance, or delay in performing or any failure to perform any obligations if the delay or failure was due to any cause beyond the party’s reasonable control, including the following:

(i) act of God, explosion, flood, tempest, fire or accident;

(ii) war or threat of war, sabotage, insurrection, civil disturbance or requisition;

(iii) acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

(iv) import or export regulations or embargoes;

(v) interruption of traffic, strike, lockouts or other industrial actions or trade disputes (whether involving employees of either party or of a third party); or

(vi) any epidemic, pandemic, or quarantines and/or any resulting regulatory or administrative rulings or laws to contain or manage such crisis.

Upon the happening of any one of these events, Sage42 may at its discretion fully or partially suspend delivery/performance while such event or circumstances continues or terminate any order request so affected with immediate effect by written notice to you, and Sage42 shall not be liable for any loss or damage suffered by you as a result thereof.

7. Liabilities and Indemnities

7.1 Limitation of Liability

In no event will Sage42, our Affiliates, and our officers, directors, agents, joint ventures or employees mentioned at the Sage Site and/or the Sage Services be liable for any special, direct, indirect, incidental, punitive, aggravated, exemplary or consequential damages or any damages whatsoever including without limitation, those resulting from injury, medical condition, illness, loss of profits, damages, data or interruption which cannot be directly attributable to Sage42 and/or its Affiliates, is too remote and/or unforeseeable to the fullest extent that the applicable laws permit arising or resulting from any of the following:

• the use, the results of use or inability to use the Sage Site and/or Sage Services, or any websites linked to the Sage Site and/or Sage Services, or the information or materials contained at any or all such websites, howsoever arising including negligence, whether based on warranty, tort, contract or any other legal theory or whether or not advised of the possibility of such damages;

• any defect in data, information or services purchased or obtained from or through the Sage Site and/or the Sage Services;

• the use, the results of use or inability to use, consumption, redemption, delivery and/or fulfilment of any Sage Services;

• violation of third party rights under the relevant and applicable laws, claims or demands that the listing, offer, advertising, promotion, display, purchase, sale and/or use of the products offered or displayed on the Sage Site may violate or may be asserted to violate third party rights or claims by any party that they are entitled to defence or indemnification in relation to assertion of rights, demands or claims by third party rights claimants;

• statements, acts or conduct by any user of the Sage Site and/or Sage Services;

• unauthorised access by third parties to data or private information of any user; or

• any matters relating to the Sage Site, and Sage Services (including calculation of taxes and issuance of tax invoices) however arising including negligence.

Notwithstanding any of the foregoing provisions, our liability and that of our Affiliates, our directors, officers, agents, joint ventures and employees to you or any third parties in any circumstances is limited up to the value of one (1) month of your subscribed plan to Sage Services, save for personal injury, property damage or death resulting directly from Sage42’s or its Affiliates gross negligence or otherwise imposed by legislation.

7.2 Indemnification

You agree to release, defend, protect, indemnify and hold Sage42, our Affiliates, and our officers, directors, agents, joint ventures, employees and suppliers harmless from any and all claims, losses, demands, fines or other liabilities which may arise from your use of the Sage Site, Sage Services or related services or from your breach of any of these Terms of Use or your breach of any representations and warranties made by you.

In addition, you agree to release, defend, protect, indemnify and hold Sage42, our Affiliates, and our officers, directors, contractors, agents, joint ventures and employees harmless from any and all claims, costs, losses, demands, penalties, damages, expenses, fines or other liabilities of any nature, arising in any manner out of your acts, omissions or negligence, or those of your employees, agents or contractors, whether in tort, contract or otherwise, including:

• any claim made by any customer on the basis of any agreement entered into with you;

• any claims asserted or incurred by any third party claimants or other third parties relating to the Services offered and displayed on the Sage Site and/or Sage Service;

• any wilful, negligent act, omission or default on your part or your agent, employee, licensee;

• arising out of or resulting in any way from any alleged defects in workings of the Sage Services;

• any other alleged act, omission, or misrepresentation by you;

• any claim that a Service violates a person’s right to privacy or contains obscene or defamatory material; or

• failure by you to comply with any applicable laws, regulations and requirements.

You hereby agree that Sage42 shall not be responsible and shall have no liability to you, for any material posted by others, including defamatory, seditious, vexatious, offensive or illicit material and the risk of damages from such material rests entirely with each user. Sage42 reserves the right at our own expense to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Sage42 in asserting any available defences.

8. Breach and Infringement

8.1 Breach by User

Sage42 reserves the right in its sole discretion to immediately suspend or terminate your account and/or access to the Sage Site and/or Sage Services and the related services or any portion thereof without prior notification if you are in breach of these Terms of Use or where Sage42 has reasonable grounds to believe that you are in breach of any of these Terms of Use, including anticipatory breach which in the reasonable belief of Sage42 will be committed by you. Sage42 also has the right to restrict, refuse or ban any and all current or future use of the Sage Site and/or the Sage Service and the related services or any portion thereof that may be provided by Sage42.

Notwithstanding anything to the contrary in these Terms of Use, you would be considered as being in breach of these Terms of Use in any of the following circumstances:

• Sage42 has reasonable grounds to suspect that you have used a stolen credit card or utilised a cloned credit card or other false or misleading information in any transaction with a us;

• Sage42 has reasonable grounds to suspect that any information provided by you is not complete, outdated, untrue, false, inaccurate or misleading;

• Sage42 has reasonable grounds to believe that your act or omission may cause financial loss or legal liability to Sage42, Sage Site and/or Sage Services or our Affiliates, other users or third parties;

• Sage42 determines that you are using the Sage Site and/or the Sage Services for any purpose that is improper, unlawful or prohibited;

• Sage42 has reasonable suspicion or belief that you are using Sage Site and/or Sage Services to conduct Suspicious Activities; or

• upon receipt of a complaint or claim from any third party and where Sage has reasonable grounds to believe that you have breached these Terms of Use.

8.2 Infringement

Sage42 reserves the right to take appropriate action where necessary and without notice at any time including but not limited to remove all or any information, content or material from the Sage Site and/or Sage Services, to disallow the use of the Sage Site and/or Sage Services in connection with the information, content or material that is claimed to be infringing, to modify or change the Sage Site and/or Sage Services or any portion of the Sage Site and/or the Sage Services, and any terms or policies, to modify, suspend or terminate the operation or access to the Sage Site and/or the Sage Services or part of the Sage Site and/or the Sage Services.

9. Termination

Sage42 may terminate your account without prior notification. You can terminate your account at any time by writing to support@sage42.net.

Please refer to Section 8 (Breach and Infringement) for further details on dealings with accounts.

10. Governing Law and Dispute Resolution

These Terms of Use are governed by the laws of Malaysia. You hereby consent to the exclusive jurisdiction and courts of law in Malaysia in all disputes arising out of or relating to the use of the Sage Site and/or the Sage Services. Sage42’s performance of these Terms of Use is subject to existing laws, regulations and legal process, and nothing contained in these Terms of Use is in derogation of Sage42’s right to comply with governmental, court or law enforcement requests or requirements relating to the use of Sage Site and/or the Sage Services or information provided to or gathered by Sage42 with respect to such use.

In event of any dispute between Sage42 and you arising out of or in connection with your use of the Sage Site and/or the Sage Services, the parties shall endeavour in good faith and promptly, to resolve any such dispute. If the parties are unable to resolve the dispute within sixty (60) days, then either party may submit the dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue legal recourse as each party considers proper and necessary in the courts of law in Malaysia. The stipulated process for mediation herein in no way constitutes a necessary pre-condition to the right of Sage42 to seek recourse in the courts of law, including commencing a legal action without resorting, convening or participating in any such mediation as stated herein. Notwithstanding the foregoing, we reserve the right to pursue the protection of our Intellectual Property rights and our confidential information through injunctive or other any other equitable relief through the courts.

11. Notice and Feedback

Any feedback you provide at this Sage Site and/or Sage Services is non-confidential.

All legal notices or demands to Sage42 shall be made in writing and sent to Sage42 personally, by courier or certified mail to at the address specified above. The notices shall be effective when they are received and acknowledged receipt by Sage42 in any of the above manner.

All legal notices or demands to you shall be effective if either delivered personally, by courier, certified mail, by facsimile or email to the last known correspondence, fax or email address provided by you to Sage42. Notice to you shall be deemed to be served upon and received by you if and when Sage42 is able to demonstrate that communication whether in physical or electronic form has been sent to you.

All agreements, notices and other communications that Sage42 sends to you electronically satisfies the legal requirement for communication to be in writing.

12. Miscellaneous

You may not assign, delegate, subcontract or otherwise transfer any or all of your rights and obligations under these Terms of Use. Sage42 may assign, transfer, or novate these Terms of Use (including without limitation our rights, titles, benefits, interests, obligations and duties in these Terms of Use) to any person or entity without prior notification to you and you hereby give your consent and agreement for such assignment, transfer or novation.

If any term of these Terms of Use is at any time held by a court of competent jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these Terms of Use.

Unless otherwise specified, these Terms of Use constitutes the entire agreement between Sage42 and you with respect to use of the Sage Site and/or Sage Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between Sage42 and you with respect to Sage Site and/or Sage Services.

Sage42’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as waiver by Sage42 of any provision or right it has to enforce these Terms of Use, nor modification of any provisions of these Terms of Use.

Every revision to these Terms of Use shall be effective and binding upon the publication and the same being made available on the Sage Site or the Sage Services, and you agree that you shall be deemed to have notice of every revision of these Terms of Use upon such publication on the Sage Site. It is your sole duty and obligation to ensure you are apprised of these Terms of Use and all revisions made thereto at all material times.

These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

All provisions in these Terms of Use which by their nature are intended to survive expiration or termination shall survive any expiration or termination of the contract between Sage42 and you.

Published on 2023-03-09