The Sage Site and Sage Services
1.1 Use of Sage Site and Sage Services
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).
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.
“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.
2. Applicable Policies
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:
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
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.
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
4.3 Protecting Your Password
5. Cooperation and Investigations
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
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.
6.3 Force Majeure
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:
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.
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:
8. Breach and Infringement
8.1 Breach by User
Sage42 may terminate your account without prior notification. You can terminate your account at any time by writing to email@example.com.
Please refer to Section 8 (Breach and Infringement) for further details on dealings with accounts.
10. Governing Law and Dispute Resolution
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.
Published on 2023-03-09