Please read this agreement carefully to ensure that
you understand each provision.
1. Use of Our Service
Eligibility. You may use the Service only in compliance with this Agreement and all
applicable Malaysia laws, rules, and regulations.
By using the Service, you represent and warrant that you have the full right, power
and authority to enter into this Agreement and to fully perform all of your obligations
hereunder.
License to use the Alphacore Technology “Alphadash” Service. Subject to the
terms and conditions of this Agreement, you are hereby granted a non-exclusive,
limited, non-transferable, freely revocable license to use the Service and as
permitted by the features of the Service. Alphacore Technology reserves all rights
not expressly granted herein in the Service. Alphacore Technology may terminate
this license at any time for any reason or no reason.
2. Alphadash Accounts
Your Alphadash account gives you access to the services and functionality that we
may establish and maintain from time to time and in our sole discretion. There are
currently four types of Alphadash accounts: Free Trial, Entry, Professional (paid) and
Customization (paid). The services and functionality available to you will vary based
on your account type and how your account is configured by the account owners or
admin (if applicable). If you open a Alphadash account on behalf of a company,
organization, or other entity, then (a) “you” includes you and that entity, and (b) you
represent and warrant that you are an authorized representative of the entity with the
authority to bind the entity to this Agreement, and that you agree to this Agreement
on the entity’s behalf. By connecting to Alphadash with a third-party service, you give
us permission to access and use your information from that service as permitted by
that service, and to store your log-in credentials for that service.
When creating your account, you must provide accurate and complete information in
order to be accepted as a Alphadash customer. You are solely responsible for the
activity that occurs on your account, and you must keep your account password
secure. We encourage you to use “strong” passwords (passwords that use a
combination of upper and lower case letters, numbers and symbols) with your account.
You may not allow any other party to access or use the Service with your
unique username, password, or other security code. You must notify Alphacore
Technology immediately of any breach of security or unauthorized use of your
account. Alphacore Technology will not be liable for any losses caused by any
unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing
the settings in your account. By providing Alphacore Technology your email address
you consent to our using the email address to send you Service-related notices,
including any notices required by law, in lieu of communication by postal mail. We
may also use your email address to send you other messages, such as changes to
features of the Service and special offers.
Alphacore Technology usernames are provided on a first-come, first-served basis
and may not be offered for sale, sold, bought, solicited, or inactively held for future
use. Inactive accounts may be renamed at any time without notification.
3. Service Rules
3.1 General
You agree not to engage in any of the following prohibited activities: (i) copying,
distributing, or disclosing any part of the Service in any medium, including without
limitation by any automated or non-automated “scraping”; (ii) using any automated
system, including without limitation “robots,” “spiders,” “offline readers,” etc., to
access the Service in a manner that sends more request messages to the Alphacore
Technology servers than a human can reasonably produce in the same period of
time by using a conventional on-line web browser; (iii) transmitting spam, chain
letters, or other unsolicited email; (iv) attempting to interfere with, compromise the
system integrity or security or decipher any transmissions to or from the servers
running the Service; (v) taking any action that imposes, or may impose at our sole
discretion an unreasonable or disproportionately large load on our infrastructure; (vi)
uploading invalid data, viruses, worms, or other software agents through the Service;
(vii) collecting or harvesting any personally identifiable information, including account
names, from the Service; (viii) using the Service for any commercial solicitation
purposes; (ix) impersonating another person or otherwise misrepresenting your
affiliation with a person or entity, conducting fraud, hiding or attempting to hide your
identity, including engaging in phishing activity or including misleading links or
information to entice viewers to click through to an illegal or fraudulent website; (x)
interfering with the proper working of the Service; (xi) accessing any content on the
Service through any technology or means other than those provided or authorized by
the Service; (xii) bypassing the measures we may use to prevent or restrict access to
the Service, including without limitation features that prevent or restrict use or
copying of any content or enforce limitations on use of the Service or the content
therein; (xiii) using any Alphadash Content (as defined below), including any
Alphadash trademarks, in any manner that might tarnish, disparage, or reflect
adversely on such Alphadash Content; (xiv) using the Service to support, incite or
promote illegal behaviour, discrimination, hostility or violence; (xv) using any
Alphadash trademark or any variant thereof including misspellings as a domain
name or as part of a domain name, as a metatag, keyword, or any other type of
programming code or data; (xvi) adopting or using, without our prior written consent,
any word or mark which is similar to or likely to be confused with Alphadash
trademarks; (xvii) copying, imitating or using, in whole or in part, the look and feel of
the Service (including but not limited to all page headers, custom graphics, button
icons, and scripts) without the prior written consent of Alphacore Technology; (xviii)
using any Alphadash Content to link to the Alphacore Technology website without
the prior written consent of Alphacore Technology; (xviv) framing or hotlinking to the
Service or any content other than your own without the prior written consent of
Alphacore Technology; or (xvv) uploading any content that is illegal, sexual or
pornographic, features child exploitation material or links to such material.
If you or your User breaches our Terms of Use, we may, without prior notice to you,
delete such User and any other User Content you have uploaded.
We may, without prior notice, change the Service; stop providing the Service or
features of the Service, to you or to Users generally; or create usage limits for the
Service. We may permanently or temporarily terminate or suspend your access to
the Service without notice and liability for any reason, including if in our sole
determination you violate any provision of this Agreement, or for no reason. Upon
termination for any reason or no reason, you continue to be bound by this
Agreement. If your account is terminated for any reason, you must obtain written
authorization from Alphacore Technology prior to establishing another account. If
you attempt to establish another account without obtaining such authorization,
Alphacore Technology may permanently ban you from the Service. You may not
have more than one active account at any time without the written consent of
Alphacore Technology in each instance.
You are solely responsible for your interactions with other Alphacore Technology
Users. We reserve the right, but have no obligation, to monitor disputes between you
and other Users. Alphacore Technology shall have no liability for your interactions
with other Users, or for any User’s action or inaction.
4. User Content
4.1 General
Some areas of the Service allow Users to submit and publish content such as profile
information, sales information, project information, comments, questions, and other
content or information (any such materials a User submits, posts, displays, prints or
otherwise makes available on or via the Service without compensation “User
Content”).
4.2 Uploading and Publishing User Content to
Alphacore Technology.
You agree not to submit or use User Content that: (i) may create a risk of harm, loss,
physical or mental injury, emotional distress, death, disability, disfigurement, or
physical or mental illness to you, to any other person, or to any animal; (ii) may
create a risk of any other loss or damage to any person or property; (iii) seeks to
harm or exploit children by exposing them to inappropriate content, asking for
personally identifiable details or otherwise; (iv) may constitute or contribute to a
crime or tort; (v) contains any information or content that we deem to be unlawful,
harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of
personal privacy or publicity rights, harassing, humiliating to other people (publicly or
otherwise), threatening, hostile, violent, or that which provokes violence or hostility,
profane, or otherwise objectionable; (vi) contains any information which discriminates
against others based on race, religion, sex, sexual orientation, age, disability,
ancestry or national origin; (vii) contains any information or content that is illegal
(including, without limitation, the disclosure of insider information under securities
law or of another party’s trade secrets); (viii) contains any information or content that
you do not have a right to make available under any law or under contractual or
fiduciary relationships; or (ix) contains any information or content that you know is
not correct and current. You agree that any User Content does not and will not
violate third-party rights of any kind, including without limitation any Intellectual
Property Rights (as defined below) or rights of privacy or publicity. Alphacore
Technology reserves the right, but is not obligated, to reject and/or remove any User
Content that Alphacore Technology believes, in its sole discretion, violates these
provisions.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent
rights, copyright rights, trade secret rights and other intellectual property rights as
may now exist or hereafter come into existence, and all applications therefore and
registrations, renewals and extensions thereof, under the laws of any state, country,
territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the
following:
1. Your User Content and Alphacore Technology’s use thereof as contemplated
by this Agreement and the Service will not violate any law or infringe any
rights of any third party, including but not limited to any Intellectual Property
Rights and privacy and publicity rights.
2. Alphacore Technology may exercise the rights to your User Content granted
under this Agreement without liability for payment of residuals, fees, or
royalties payable under any collective bargaining agreement or otherwise.
3. There is no suit action or claim or other legal or administrative proceeding
now pending or threatened which might directly or indirectly affect any of
your User Content or which might in any way impair the rights granted by you
hereunder.
4. Your User Content is neither obscene, defamatory, or otherwise objectionable.
5. To the best of your knowledge, all your User Content and other information
that you provide to us is truthful and accurate.
6. You will not transmit unsolicited emails or engage in spamming to publicize
or promote your relationship with Alphacore Technology.
Alphacore Technology takes no responsibility and assumes no liability for any User
Content that you or any other User or third party posts, publishes or prints over or
using the Service. You shall be solely responsible for your User Content and the
consequences of posting, publishing and printing it and you agree that Alphacore
Technology shall not be liable for any damages you allege to incur as a result of
User Content, or your use of either in printed form. In the event that your User
Content is alleged to be offensive, inappropriate for children, unlawful or otherwise in
breach of these terms, you agree that Alphacore Technology may disclose such
User Content to law enforcement or other government authorities.
4.3 Alphadash Sites
(i) You must not present a misleading endorsement or affiliation with Alphacore
Technology on a Alphadash Site, including (but not limited to), by attempting to
register a domain name or subdomain name that includes the word ‘ALPHADASH’ or
any other Alphacore Technology brand or trademark.
(ii) Alphacore Technology may include or require any terms to be included on a free
Alphadash Site at any time for any reason.
(iii) You agree that by registering or renewing your Alphadash account, you
represent and warrant that: (i) all information provided to Alphacore Technology is
true, complete and correct and is not misleading in any way and the registration is
made in good faith; and (ii) you have not previously submitted a registration for the
Service and been rejected.
(iv) You must provide us with such co-operation and support as we may reasonably
request to provide the Alphadash Sites, including by (i) responding promptly to our
communications; (ii) providing accurate and prompt responses to our requests for
any information or documentation reasonably required, including document
verification requirements.
(v) Registration of a Alphadash account does not create a proprietary right and shall
not be construed as evidence of ownership. The registration can be subsequently
challenged by third parties or cancelled if any of the above warranties are found to
be untrue, incomplete, incorrect or misleading.
(vi) You indemnify us from and against any and all liabilities incurred by us in
connection with our use or reliance upon any trading names, or any data,
information, specifications, documentation, computer software or other materials
provided by you or compliance with any directions or instructions by you in relation to
the provision of the Alphadash Sites.
5. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred
thereby, including, without limitation, software, images, text, graphics, illustrations,
logos, patents, trademarks, service marks, copyrights, photographs, audio, videos,
music, all Intellectual Property Rights related thereto, are the exclusive property of
Alphacore Technology. Except as explicitly provided herein, nothing in this
Agreement shall be deemed to create a license in or under any such Intellectual
Property Rights, and you agree not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create
derivative works from any Alphacore Technology Service. Use of the Alphacore
Technology Service for any purpose not expressly permitted by this Agreement is
strictly prohibited.
6. Feedback
You may choose to or we may invite you to submit comments or ideas about the
Service, including without limitation about how to improve the Service or our
products (“Ideas”). By submitting any Idea, you agree that your disclosure is
gratuitous, unsolicited and without restriction and will not place Alphacore
Technology under any fiduciary or other obligation, and that we are free to use the
Idea without any additional compensation to you, and/or to disclose the Idea on a
non-confidential basis or otherwise to anyone. You further acknowledge that, by
acceptance of your submission, Alphacore Technology does not waive any rights to
use similar, or developed by its employees, or obtained from sources other than you.
7. Paid Services
7.1 Billing Policies.
Certain aspects of the Service may be provided for a fee or other charge. If you elect
to use paid aspects of the Service, you agree to the pricing and payment listed on
the Service which we may update from time to time. Alphacore Technology may add
new services for additional fees and charges, or amend fees and charges for existing
services, at any time in its sole discretion; however, any price changes or changes to
your subscription plans will apply no earlier than 30 days following notice to you.
7.2 No Refunds.
You may cancel your Alphacore Technology account at any time; however, there are
no refunds for cancellation. In the event that Alphacore Technology suspends or
terminates your account or this Agreement, you understand and agree that you shall
receive no refund or exchange for any credits, any unused time on a subscription,
any license or subscription fees for any portion of the Service, any content or data
associated with your account, or for anything else.
7.3 Payment Information; Taxes.
All information that you provide in connection with a purchase or transaction or other
monetary transaction interaction with the Service must be accurate, complete, and
current. You agree to pay all charges incurred by users of your credit card, debit
card, or other payment method used in connection with a purchase or transaction or
other monetary transaction interaction with the Service at the prices in effect when
such charges are incurred. You will pay any applicable taxes, if any.
7.4 Free Trials
Alphacore Technology offers free trials of one (1) month period to allow you to try our
service. Alphacore Technology reserves the right to set eligibility requirements for
free trials.
At the end of your free trial period, we will charge the relevant subscription fee for the
next billing cycle to your nominated payment method, unless you cancel your
subscription prior.
8. Alphacore Technology Service
You understand and agree that regardless of terminology used, Alphacore
Technology Service represents a limited license right governed solely by the terms of
this Agreement and available for distribution at Alphacore Technology’s sole
discretion. Alphacore Technology Service is not redeemable for any sum of money
or monetary value from Alphacore Technology at any time. You acknowledge that
you do not own the account you use to access the Service, nor do you possess any
rights of access or rights to data stored by or on behalf of Alphacore Technology on
Alphacore Technology servers, including without limitation any data representing or
embodying any or all of your Alphacore Technology Service. You agree that
Alphacore Technology has the absolute right to manage, regulate, control, modify
and/or eliminate Alphacore Technology Service as it sees fit in its sole discretion, in
any general or specific case, and that Alphacore Technology will have no liability to
you based on its exercise of such right. All data on Alphacore Technology’s servers
are subject to deletion, alteration or transfer.
Notwithstanding any value attributed to such data by you or any third party,
you understand and agree that any data, account history and account content
residing on Alphacore Technology’s servers, may be deleted, altered, moved
or transferred at any time for any reason in Alphacore Technology’s sole
discretion, with or without notice and with no liability of any kind. Alphacore
Technology does not provide or guarantee, and expressly disclaims, any
value, cash or otherwise, attributed to any data residing on Alphacore
Technology’s servers.
9. Privacy
We care about the privacy of our Users. Our Privacy Policy sets out how we collect,
use, disclose and store your personal information and how it is transferred to and
processed in the Malaysia. It also contains details of how to exercise your privacy
rights (such as access and correction) and how to make complaints.
10. Security
Alphacore Technology cares about the integrity and security of your personal
information. However, we cannot guarantee that unauthorized third parties will never
be able to defeat our security measures or use your personal information for
improper purposes. You acknowledge that you provide your personal information at
your own risk.
11. Indemnity
You agree to defend, indemnify and hold harmless Alphacore Technology and its
subsidiaries, agents, licensors, managers, and other affiliated companies, and their
employees, contractors, agents, officers and directors, from and against any and all
claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney’s fees) arising from: (i) your use of and access
to the Service, including any data or content transmitted or received by you; (ii) your
violation of any term of this Agreement, including without limitation your breach of
any of the representations and warranties above; (iii) your violation of any third-party
right, including without limitation any right of privacy, publicity, or Intellectual Property
Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or
damages that arise as a result of any of your User Content, or any content that is
submitted via your account; or (vi) any other party’s access and use of the Service
with your unique username, password, or other appropriate security code.
12. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall
Alphacore Technology, its affiliates, agents, directors, employees, suppliers or
licensors be liable for any direct, indirect, punitive, incidental, special,
consequential or exemplary damages, including without limitation damages
for loss of profits, goodwill, use, data or other intangible losses, that result
from the use of, or inability to use, this service, including without limitation,
your submission of User Content. Under no circumstances will Alphacore
Technology be responsible for any damage, loss or injury resulting from
hacking, tampering or other unauthorized access or use of the service or your
account or the information contained therein.
To the maximum extent permitted by applicable law, Alphacore Technology assumes
no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii)
personal injury or property damage, of any nature whatsoever, resulting from your
access to or use of our service; (iii) any unauthorized access to or use of our secure
servers and/or any and all personal information stored therein; (iv) any interruption or
cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses,
or the like that may be transmitted to or through our service by any third party; (vi)
any errors or omissions in any content or for any loss or damage incurred as a result
of the use of any content posted, emailed, transmitted, or otherwise made available
through the service; (vii) user content or the defamatory, offensive, or illegal conduct
of any third party; and/or(viii) financial loss from purchasing a Alphacore Technology
subscription from an unauthorised reseller; and/or (ix) loss or deletion of User
Content.. In no event shall Alphacore Technology, its affiliates, agents, directors,
employees, suppliers, or licensors be liable to you for any claims, proceedings,
liabilities, obligations, damages, losses or costs in an amount exceeding the amount
you paid to Alphacore Technology hereunder or $100.00, whichever is greater.
No action, regardless of form or nature, arising out of this agreement may be brought
by or on behalf of you more than one (1) year after the cause of action first arose.
Notwithstanding anything to the contrary contained herein, Alphacore Technology
shall not be liable for any damages, costs or losses arising as a result of
modifications made to User Content, or other content, any additions or combinations
of User Content or with other content, or the context in which the User Content, or
other content is used by you.
This limitation of liability section applies whether the alleged liability is based on
contract, tort, negligence, strict liability, or any other basis, even if Alphacore
Technology has been advised of the possibility of such damage. The foregoing
limitation of liability shall apply to the fullest extent permitted by law in the applicable
jurisdiction.
13. Governing Law
You agree that: (i) the Service shall be deemed solely based in Malaysia; and (ii) the
Service shall be deemed a passive one that does not give rise to personal
jurisdiction over Alphacore Technology, either specific or general, in jurisdictions
other than Malaysia. This Agreement shall be governed by the internal substantive
laws of the Malaysia, without respect to its conflict of laws principles.
14. Arbitration.
For any dispute with Alphacore Technology, you agree to first contact us
at info@alphacoretech.net and attempt to resolve the dispute with us informally.
15. General
15.1 Assignment.
This Agreement, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Alphacore Technology
without restriction. Any attempted transfer or assignment in violation hereof shall be
null and void.
15.2 Notification Procedures and Changes to the
Agreement.
Alphacore Technology may provide notifications, whether such notifications are
required by law or are for marketing or other business related purposes, to you via
email notice, written or hard copy notice, or through posting of such notice on our
website, as determined by Alphacore Technology in our sole discretion. Alphacore
Technology reserves the right to determine the form and means of providing
notifications to our Users, provided that you may opt out of certain means of
notification as described in this Agreement. Alphacore Technology is not responsible
for any automatic filtering you or your network provider may apply to email
notifications we send to the email address you provide us. Alphacore Technology
may, in its sole discretion, modify or update this Agreement from time to time, and so
you should review this page periodically. When we change the Agreement in a
material manner, we will update the ‘last modified’ date at the top of this page. Your
continued use of the Service after any such change constitutes your acceptance of
the new Terms of Use. If you do not agree to any of these terms or any future Terms
of Use, do not use or access (or continue to access) the Service.
15.3 Entire Agreement/Severability.
This Agreement, together with any amendments and any additional agreements you
may enter into with Alphacore Technology in connection with the Service, shall
constitute the entire agreement between you and Alphacore Technology concerning
the Service. If any provision of this Agreement is deemed invalid by a court of
competent jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of this Agreement, which shall remain in full force and
effect.
15.4 No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term, and Alphacore Technology’s failure to assert
any right or provision under this Agreement shall not constitute a waiver of such right
or provision.
15.5 Contact.
Please contact us at info@alphacoretech.net with any questions regarding this
Agreement.
