Effective date: 1 November 2020
By using and accessing EasyWork website and services, you agree to these Terms. When we use the phrase “these Terms”, we are referring to these EasyWork Terms of Service.
If you are using and accessing EasyWork services on behalf of a legal entity, you confirm that you are an authorised representative of that legal entity and you agree to these Terms on behalf of that entity. In this case, “you” or “your” refer to you (the individual representative) or the legal entity.
You are contracting with the service provider – EasyWork.
1.1 When we use the term “EasyWork”, “we”, “our” or “us”, we are referring to EasyWork Asia Sdn. Bhd. (Company No.: 201101007945 [936084-P]), which is a company established under the laws of Malaysia having its place of business in 1-18-15, Suntech @ Penang Cybercity, Lintang Mayang Pasir 3, 11950 Bayan Baru, Penang, Malaysia.
2.1 We provide EasyWork services to you subject to these Terms and in accordance with the online EasyWork service order you have placed.
2.2 Our services:
(a) include software application created, developed and owned by EasyWork that allows you to access functions of EasyWork services through mobile device.
(b) are provided on an “as is” and “as available” basis.
(c) may be improved from time to time i.e. we may remove or add functionalities. We will notify you if a major function is removed from EasyWork services.
3.1 We will provide our services to you if you fulfill your responsibilities as follows:
(a) follow these Terms, specific additional terms and frequently asked questions and answers regarding EasyWork services feature or function.
(b) agree to our policies such as our Privacy Policy.
(c) comply with, not to violate and cause EasyWork to violate all applicable laws. For example, Personal Data Protection Act 2010 of Malaysia, the Malaysian Anti-Corruption Commission Act 2009 and Copyright Act 1987 of Malaysia.
(d) not to harm or abuse yourself, your employer, EasyWork user and third party such as by defaming, bullying or harassing others, misrepresenting facts and impersonation.
(e) not to harm, abuse, interfere with, or disrupt EasyWork services or EasyWork.
(f) not to sell, modify, distribute or license EasyWork services without our written approval.
(g) not to reverse engineer, decompile, disassemble engineer or otherwise attempt to determine the source code for the operation of EasyWork services unless we permit you to do so or you are allowed to do so under applicable law.
(h) not to reproduce, display, provide access to or white-labelling our services on another website or server without our permission.
(i) assume all risks arising from your use of any third-party website or resources link contained in EasyWork services.
4.1 You can create an EasyWork account in order to use our services by providing true and accurate and complete information about yourself, the legal entity you represent or both. You must keep the details in your EasyWork account updated on ongoing basis.
4.2 You must take full responsibility of your EasyWork account.
4.3 You must be thirteen (13) years of age or older or the minimum legal age in your country to use EasyWork services.
4.4 You must treat all user verification code, password of any EasyWork account and other information as part of EasyWork security procedure and confidential.
4.5 Your organization administrator may accept your request or invite you to join the organization’s group on EasyWork.
4.6 EasyWork may accept instructions from a person who we reasonably believe is acting with your authority or knowledge.
4.7 Your organization administrator may require you to follow additional rules in using EasyWork services.
5.1 You can purchase a monthly or annual EasyWork service plan in order to access certain function or feature of EasyWork services. In such event, we will charge your credit card in advance before you are able to access that function or feature of EasyWork services.
5.2 You will pay in full and without deduction all the fees and taxes in in connection with payment of EasyWork plan.
5.3 All fees and taxes will be paid in U.S. Dollar.
5.4 Save and except in accordance with Clause 5.6 of these Terms, all fees and taxes paid will not be refunded and cannot be transferred to another EasyWork account.
5.5 Your paid EasyWork service plan will automatically renew for equivalent length of service period on the expiration of the service period and charges will be made on each renewal date unless you cancel the plan in accordance with these Terms.
5.6 You may upgrade an EasyWork service plan to another EasyWork service plan. For example, from a Basic Plan for 20 users to a Pro Plan for 50 users. In such event, we will refund fee you have paid for remainder of your existing EasyWork service plan into your EasyWork account. We will charge your credit card in advance the full amount of upgraded EasyWork service plan before you or additional users are able to access that function or feature of upgraded EasyWork service plan.
5.7 Before expiration of paid EasyWork service plan period, you are not allowed to downgrade a paid EasyWork service plan.
5.8 We will not charge you a cancellation fee for closing your account or cancelling a paid EasyWork service plan.
5.9 EasyWork is not obliged to provide you paid services unless fees due and owing are paid in full.
5.10 We have the right to increase or decrease fee chargeable for EasyWork service plan from time to time and we will notify you before such change.
6.1 EasyWork service plan commences on the start date and that plan will continue throughout the service plan period, unless terminated in accordance with these Terms. The start date and service plan period are stated in your online service order which will be reflected in the “paid” invoice issued upon your purchase of a paid EasyWork service plan.
6.2 Upon expiration of a free trial EasyWork service plan, we will immediately suspend your access to the paid features of EasyWork service, unless you purchase a monthly or annual EasyWork service plan in accordance with these Terms before the expiration of the trial period. You are advised to export your data for paid features before expiration of the trial period.
7.1 When we use the term “Your Content”, we are referring to photograph, graphic, personal data, work, document, message and other information, data or material You have uploaded, stored and posted using EasyWork services.
7.2 You confirm that:
(a) you have the legal right to upload, store, post Your Content.
(b) Your Content is lawful.
(c) Your Content does not infringe third party intellectual property right.
(d) Your Content is not misleading, fraudulent, obscene, defamatory or harm any person or organisation or contrary to morality, public interest, public security or prohibited by law.
(e) you will not upload virus or malicious code or do anything that may disrupt with the proper working of Easyworks services.
7.3 The intellectual property rights in Your Content belongs to you.
7.4 If your intellectual property rights restrict our use of Your Content, you provide EasyWork with a non-exclusive, transferable and sublicensable, royalty-free, worldwide and perpetual license to host, access, use, process, store, copy, display, distribute and make available Your Content and modify and create derivative works from that content, subject to our Privacy Policy (hereinafter referred to as “License”). The License will be used to operate, improve and promote EasyWork services and develop new functions and services.
7.5 Your Content will be considered non-confidential. EasyWork is not responsible for accuracy of Your Content, security, privacy, storage and transmission of Your Content and communication using our services.
8.1 In using our services, you may be able to access content submitted by third party or other users. We refer to this content as “Third Party Content”. You assume all the risk associated with Third Party Content, especially risk on its quality and reliability. You must obtain consent from Third Party for any use of Third Party Content.
8.2 EasyWork does not control or verify Third Party Content and is not responsible for accuracy of Third Party Content. Third Party Content also does not represent EasyWork’s views or values.
8.3 If you wish to complain about Third Party Content, please contact your organization’s administrator for EasyWork account. Your organisation administrator may escalate the complaint to us by sending an e-mail to [email protected].
9.1 Our services and website include content that belongs to EasyWork and made available by EasyWork. This content is referred to as “EasyWork Content”. For example, the illustration that you see on the dashboard of your EasyWork account and the information published on our website.
9.2 You may use EasyWork Content as allowed under these Terms.
9.3 You must not sell, modify, distribute, reproduce, or license EasyWork Content without our permission.
10.1 You may create or generate document using EasyWork services. We grant you worldwide, non-exclusive, royalty-free, non-transferrable and non-sublicensable right to use the document You create or generate or export using our services for your organisation internal purpose only. This document is referred to as “Document”.
10.2 You must not sell, reproduce, distribute or license the Document without our permission. You must not use the Document for unlawful purpose or for another legal entity. You assume all the risk associated with the Document, especially risk on its quality and reliability.
10.3 The Document will be considered non-confidential and EasyWork is not responsible for accuracy of the Document, security, privacy, storage and transmission of the Document.
10.4 We cannot guarantee the Document will be legally sound or free from liabilities. If you are in doubt as to your contractual rights and obligations, you must consult a lawyer. We also cannot guarantee the validity or enforceability of electronic signatures. EasyWork is not involved the agreement between you and other user.
11.1 EasyWork may use your photograph, legal entity name, logo, mark or trademark or your feedback, testimonial or comment on EasyWork services for corporate publicity, marketing and tender submission purposes (even after you have stopped using our services or if we terminate your access to our services). You may opt-out from this clause by notifying EasyWork via e-mail.
11.2 If you wish to use EasyWork logo or mark, please refer to EasyWork brand permission page.
12.1 You are free to stop using EasyWork services or cancel any paid service plan at any time by sending an email to [email protected].
13.1 We may immediately suspend or terminate your access to EasyWork services without notice due to one or all of the following reasons:
(a) we reasonably believe that your use of our services breaches these Terms, violates or may cause us to violate applicable laws or may harm EasyWork, our services, your employer, EasyWork user or any third party.
(b)we are complying with legal requirement, regulatory or court order.
(c) your EasyWork account is inactive for at least thirty (30) consecutive days.
(d) if you make any voluntary arrangement with your creditors; or become bankrupt; or become subject to an administration order or goes into liquidation (other than for the purposes of merger or restructuring); or an encumbrancer takes possession, or a receiver is appointed, of any of your property or assets.
(e) EasyWork services are no longer available.
(f) for business or operational reasons.
13.2 EasyWork may terminate your access to our services without cause by giving you at least thirty (30) days’ prior written notice.
14.1 Upon cancellation or termination of EasyWork services:
(a) these Terms will terminate and any clauses of these Terms which by their nature should survive, will survive and remain in effect.
(b) EasyWork may delete your EasyWork account and all Your Content.
(c) fees paid will not be refunded and cannot be transferred to another EasyWork account.
(d) we will stop charging your credit card.
15.1 If we reasonably believe that Your Content violates these Terms or applicable laws, or may harm EasyWork service, your employer, EasyWork user or any third party, we may remove any part or all of Your Content. For example, a company logo that infringes another party’s trademark rights or a message that harasses someone else.
16.1 We welcome feedback on how we can improve EasyWork services. You agree to waive any rights to claim for any fee, royalties, charges or payments in relation to our use, disclosure, adoption and/ or modification of any of your feedback to us in relation to EasyWork, EasyWork services or your use of EasyWork services.
17.1 You will indemnify EasyWork for any claim or legal proceeding arising out of or relating to your use of our services in violation of these Terms, applicable law or any misrepresentation made by you. The indemnity covers any liabilities, damages, claims, costs (including legal fees and costs), and expenses. You will fully co-operate with us in the defense or settlement of any claim in relation to or arising out of these Terms or our services.
17.2 EasyWork is not responsible for and will not pay any compensation for:
(a) infringement of any third party intellectual property.
(b) breach of confidentiality obligation.
(c) loss, misuse, modification, unauthorised access or disclosure, alteration or destruction of any data or content.
(d) business interruption, loss of profits or revenues, business opportunity, goodwill, or reputation, indirect, special, incidental, punitive, exemplary or consequential loss or damage.
(e) any delay or failure to comply these Terms or provide our services if the delay or failure arises from (i) a scheduled maintenance; or (ii) any event which is beyond EasyWork’s reasonable control, including force majeure event, unavailability of services, system failure due to cyberattacks, technical adjustment or third party problem.
(f) deletion of any content exceeding storage limit
17.3 If we are allowed to do so under the law, we limit our liability arising out of or in relation to these Terms, EasyWork breaches of law or loss, misuse, modification, unauthorised access or disclosure, alteration or destruction of any data or content to 100% of fees you have paid to use EasyWork services for the six (6) months service plan period before the first occurrence of an event giving rise to such liability.
17.4 We exclude all implied conditions, warranties or representations of merchantability, fitness for purpose and non-infringement.
17.5 We do not guarantee that EasyWork services will be free from bugs or viruses.
18.1 These Terms, the subject matter and formation and any disputes or claims are governed by law of Malaysia, regardless of conflict of law rules.
18.2 Disputes arising out of or relating to these Terms will be solved exclusively in the courts of Malaysia.
19.1 These Terms are the only terms governing your relationship with EasyWork in accessing and using Easywork services. You are not a partner or agent to EasyWork. These Terms do not create legal rights to any other person or legal entity.
19.2 If any of these Terms is invalid or unenforceable, the remaining terms will remain in full effect.
19.3 Although EasyWork does not initiate any action for your breach of any of these Terms, EasyWork has not given up any of its rights and we may take action in the future.
19.4 You may not assign any of your rights under these Terms. However, we may assign our rights under these Terms to any of our affiliates or successor in interest of any business associated with EasyWork services.
19.5 If you wish to formally send a notice, make any suggestion or raise any concern to EasyWork, please send the notice, suggestion and note to us at [email protected] or the “App Feedback” feature on your account dashboard. If EasyWork wishes to formally send a notice to you, EasyWork will send the notice to your email address or post the notice on our website. Our notice will take effect on the day we give the notice. You agree that these electronic notices and communications satisfy legal requirements of notices and communications sent in writing.
19.6 EasyWork may update these Terms on its website from time to time. You are encouraged to visit our website in order to keep yourself updated on the terms that apply at that time. As long as you continue to use and access EasyWork services, you agree to any updates we make to these Terms. If you do not agree to the modified terms, you may not continue to use EasyWork services.
19.7 You must not dispute that a contract was not legally formed because of your use of electronic means to indicate your acceptance of these Terms or deliver a signature on a Document; or the acceptance of these Terms or any signature on the Document was communicated or transmitted via electronic means.