TERMS AND CONDITIONS

Last updated: August 16, 2019

Welcome to zildia.com!

Please read these Terms and Conditions (the Terms) carefully before using the tools, services, materials, information zildia.com provides (the Services) as they affect your obligations and legal rights, including, but not limited to, waivers of rights, limitation of liability, and your indemnity to us. It is very important.

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter "You" or "Your") AND BEYOND LEDPOS SDN BHD (hereinafter “Beyond Ledpos") GOVERNING YOUR USE OF ZILDIA.COM SUITE OF ONLINE BUSINESS APPLICATION SOFTWARE (hereinafter "Service(s)")

Zildia.com is an online trading facilities management platform that provides tools for cafes, restaurants, shops etc.) to manage sales, inventory and marketing activity (the Platform) managed by Beyond Ledpos Sdn Bhd, a company registered at 3D, Jalan Dato Ismail Hashim, 11900 Bayan Lepas, Pulau Pinang, Malaysia.

These Terms together with the Privacy Policy govern your use of the Service and constitute a legally binding agreement between you and the Beyond Ledpos Sdn Bhd

This Agreement consists of the following terms and conditions (hereinafter the "General Terms") and terms and conditions, if any, specific to use of individual services (hereinafter the "Service Specific Terms"). The General Terms and Service Specific Terms are collectively referred to as the "Terms". In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.

ACCEPTANCE OF TERMS

Right of entry to all Services is granted to you on the condition that you accept and agree with the Terms. Registration within the Platform and use of the Services indicates your consent with these Terms. If you do not agree to all the terms and conditions, then you may not access the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding service.

We reserve the right to refuse the provision of Services to anyone for any reason at any time. We reserve the right at any time to modify or discontinue the Services (or any part thereof) without notice at any time.

DESCRIPTION OF SERVICE

We provide an array of services for online Integrated Business Software such as CRM, POS, and Invoicing, QR Table Ordering etc.“Service” or “Services”. You may use the Services for your personal and business use for internal business purpose in the organization you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipments necessary to use the Services.

LICENSE GRANT & RESTRICTIONS

Beyond Ledpos hereby grants users a non-exclusive, non-transferable, worldwide right to use the Service, specifically to pay and/or view invoices issued by the Biller and accessed through the Service and to view and access payment and invoice history. All rights not expressly granted to Users are reserved by Beyond Ledpos and its licensors.

User shall not (i.) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii.) modify or make derivative works based upon the Service or the Content; (iii.) create Internet “links” to the Service or “frame” or “mirror” any Content; or (iv.) reverse engineer or access the Service in order to (a.) build a competitive product or service, (b.) build a product or service using similar ideas, features, functions or graphics of the Service, or (c.) copy any features, functions or graphics of the Service. User passwords cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.

User may not: (i) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (ii) attempt to gain unauthorized access to the Service or its related systems or networks.

User may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or for competitive purposes.

Your license to access the Platform is not limited by territory. Thus, the license applies worldwide unless the applicable law or the law of the country of your location forbids such license in certain countries.

Such license does not confer on you any ownership interest in Platform. Words such as “purchase”, “payment” or “sale” (and similar terms, including all tenses), as applied to the Platform and the Services, refer to the grant to you of a limited license as described herein.

All Zildia.com’s materials, including intellectual property rights therein and thereto, are the property of Beyond Ledpos Sdn Bhd or its subsidiaries or affiliated companies and/or third-party licensors. You may not reproduce, distribute, rent, lease, sell, license, copy, modify, publicly perform or display, transfer, transmit, publish, edit, adapt, prepare derivative works based on, or otherwise use the materials from the Platform except as expressly authorized by these Terms.

REGISTRATION

In order to use Zildia Platform you may be required to register and obtain an account within the Platform. You should provide true, actual and complete information while registering, and update your account information if necessary.

You are responsible for maintaining the confidentiality of your password and for all activities that occur within your account. Beyond Ledpos will not be responsible for any loss or damage arising from your failure to provide accurate information or to keep your password secure. Please use the unique combination of numbers, letters and special characters for passwords and be sure to log off from your account at the end of each session. Beyond Ledpos will of course take all the necessary technical and organisational measures in order to keep your information secure but you also have to be cautious.

We reserves the right to refuse the Service or access to the Site to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.

CONTENT

You concur that all listings, messages, text, files, images, photos, video, audio or other materials ("Content") posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization from whom such Content originated. You also understand that Beyond Ledpos does not control and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable.

Furthermore, the Site and Content made available through the Site may contain links to other web sites that are completely independent of Beyond Ledpos. Beyond Ledpos makes no representation or warranty as the accuracy, completeness or authenticity of the information contained on such web site. Under no circumstances will Beyond Ledpos be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Site.

You Concur and agree that any uploading or posting will be at your sole risk and Beyond Ledpos shall not be responsible to you in any way. Further, Beyond Ledpos does not provide any warranty as to your use of third-party content or software that you obtain from the Site. You are also fully responsible for any Content you post on the Site and to the consequences of any such Content. Although Beyond Ledpos does not claim ownership of Content that its users post, by posting Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Beyond Ledpos an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses through multiple tiers of the foregoing. You also understand and agree that Beyond Ledpos, in its sole discretion, may delete any Content for any reason.

RESTRICTIONS ON USE

While using the Platform you may not, and may not encourage, authorize, or assist others to,

reverse engineer, decompile, disassemble, or in any way access or attempt to access the source code for the Platform and/or extract any files from them,

or make or attempt to make any modification to the Platform,

modify, defeat, interfere with, or circumvent any feature of the Platform, including any security or access control mechanism,

attempt to probe, study or test the vulnerability of the Platform or to breach any security or authentication measures, regardless of your motives and/or intent,

attempt to damage, interfere with, or disrupt the Services to any user, processor, host or network, including by submitting a virus, worm, or Trojan horse,

pretend that you are, or that you represent, someone else or impersonate any other individual or entity,

intercept any system data, personal information, or other data relating to the Platform,

access or use the Platform for any unlawful purpose,

take any action that would impose a disproportionately large or unreasonable load on our network or other infrastructure,

use or launch any “robot”, “spider”, “page-scraper”, "deeplink" or other automated means to accesses, acquires, copies, or monitors any part of the Platform.

Any of the above-mentioned as well as any action that is contrary to law shall be the ground for unilateral termination of this Agreement by Beyond Ledpos without the obligation to make any refunds of the paid amounts.

In addition to all other terms and conditions of this Agreement, you shall not: (i.) transfer or otherwise make available to any third party the Services; (ii.) provide any service based on the Services without prior written permission; (iii.) use the third party links to sites without agreeing to their website terms & conditions; (iv.) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v.) use the Services for spamming and other illegal purposes.

SPAMMING AND ILLEGAL ACTIVITIES

You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", "phishing" or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

TECHNICAL SUPPORT

Beyond Ledpos shall maintain the reliable performance of the Platform throughout the term of its using. This shall include:

constant updates and amendments of the Platform’s software in order to eliminate any deficiencies, errors and bugs that can deteriorate the use of software;

providing consultations to you regarding the functions of the Platform, Pricing Plans and other organizational issues

After the first payment, an IT-professional shall be dedicated to you in order to help you with every issue that can arise while you are using the Platform.

If your business needs require additional or more complicated technical support, we can enter into a separate agreement on the terms for its provision.

PERSONAL INFORMATION AND PRIVACY

Personal information you provide to zildia.com through the Service is governed by Beyond Ledpos Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the zildia.com Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to support@zildia.com or by calling us to reach us through Live Chat. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

FEES AND PAYMENTS

Subscriptions to paid Services are available on monthly and yearly subscription plans. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. The subscription fee will be charged to the Credit Card last used by you. If you would like the payment for the renewal to be made through a different Credit Card or if you do not wish to renew the subscription, you agree to inform us at least seven days prior to the renewal date. In the event of termination of the subscription, you will be refunded the subscription fee for the unused portion of the subscription period. Beyond Ledpos reserves the right to change the subscription fee and to charge for use of Services that are currently available free of charge. You will not be charged for using any Service unless you have opted for a paid subscription plan. Information on the subscription options and charges for all paid Services is available at website.

DEACTIVATION/TERMINATION

You may deactivate your registration on the Services, at any time and for any reason, by sending an email request to support@zildia.com . We may terminate your use of and registration within the Platform at any time if you violate these Terms. In such case the Zildia will refund only the amounts paid for the Services in upcoming months that were not used by the user without the obligation to refund the amounts paid in the month when the termination was made.

ACCESSIBILITY OF WEBSITE

Our aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.

COPYRIGHT AND TRADEMARKS

All materials on the Site, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights that are either owned by or licensed to the Site or owned by other parties who have posted on the Site. Materials from the Site and from any other web site owned, operated, controlled, or licensed by the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

In posting content on the Site, you grant the Site, and its owners and licensees, the right to use, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive and create derivative works from the posted content.

INFORMATION AVAILABLE ON WEBSITE

You accept that the information contained in this website is provided “as is, where is”, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee.

Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.

INTELLECTUAL PROPERTY /OWNERSHIP

All right, title and interest in and to the Site and the Service are and will remain the exclusive property of Beyond Ledpos and its licensors. " Beyond Ledpos Sdn Bhd", and Beyond Ledpos logos, icons and other marks identifying Beyond Ledpos services or products are trademarks of Beyond Ledpos and may not be used without prior written permission. Except as otherwise expressly set forth in these Terms, you may not copy reproduce, distribute, or create derivative works of the Service or the Site without Beyond Ledpos’s express written authorization. All rights not expressly granted in these Terms are reserved to Beyond Ledpos.

Beyond Ledpos respects the intellectual property rights of others and expects users of the Site to do the same. You may not post, distributed, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use. If you believe that through the Service your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please immediately notify us at support@zildia.com. Filing a notice of infringement with Beyond Ledpos requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998.

INTELLECTUAL PROPERTY INFRINGEMENT POLICY

It is the policy of Beyond Ledpos to take appropriate action where necessary to uphold and recognize all relevant State, Federal and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws. If you are an intellectual property rights owner and you believe that Beyond Ledpos sells, offers for sale, or makes available goods and/or services that infringe your intellectual property rights, send the following information below in its entirety to our physical address: BEYOND LEDPOS SDN BHD - 3D, Jalan Dato Ismail Hashim, 11900 Bayan Lepas, Pulau Pinang, Malaysia.

Information required

An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;

A description of the allegedly infringing work or material;

A description of where the allegedly infringing material is located on the site (product(s) URL);

Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;

A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;

Identification of the intellectual property rights that you claim are infringed by the Website(e.g. "XYZ copyright", "ABC trademark, Reg. No. 123456, registered 1/1/04",etc);

A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE SERVICE AT THE PLATFORM IS PROVIDED "AS IS," “WITH ALL FAULTS” AND “AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. BEYOND LEDPOS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT ANY SERVICES WILL BE AVAILABLE AT ALL TIMES, IN ALL COUNTRIES AND/OR ALL GEOGRAPHIC LOCATIONS, OR AT ANY GIVEN TIME OR THAT WE WILL CONTINUE TO OFFER PARTICULAR SERVICES FOR ANY PARTICULAR LENGTH OF TIME (UNLESS WE EXPRESSLY SAY OTHERWISE AS PART OF THE SERVICES).

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. BEYOND LEDPOS MAKES NO REPRESENTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES, OF ANY KIND, REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, APPROPRIATENESS, AND TIMELINESS OF ANY CONTENT AVAILABLE THROUGH THE SERVICE. BEYOND LEDPOS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE.

BEYOND LEDPOS IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE, TABLET, LAPTOP OR DESKTOP DEVICE, COMPUTER SYSTEM, OTHER HARDWARE, OR SOFTWARE, OR FOR ANY LOSS OF OR DAMAGE TO DATA THAT MAY RESULT FROM YOUR USE OF THE SERVICE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEYOND LEDPOS DOES NOT ACCEPT ANY LIABILITY FOR ANY DAMAGE OR LOSS, INCLUDING LOSS OF BUSINESS, REVENUE, OR PROFITS, OR LOSS OF OR DAMAGE TO DATA, EQUIPMENT, OR SOFTWARE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS SERVICE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF BEYOND LEDPOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

BEYOND LEDPOS DOES NOT ACCEPT ANY RESPONSIBILITY RELATED TO THE OPERATION OF ANY SOFTWARE, THE PRESENCE OF COMPUTER VIRUSES OR OTHER MALICIOUS CODE ELEMENTS, DANGEROUS OR DESTRUCTIVE FILES, WHICH CAN SPREAD OR IN ANY OTHER WAY AFFECT THE SOFTWARE AND HARDWARE AS A RESULT OF USING THE SERVICES BY YOU, ACCESSING INFORMATION OR DOWNLOADING ANY MATERIALS.

CHANGES TO TERMS AND ASSIGNMENT

We may change these Terms from time to time so please check this page to ensure that you are happy with any changes. The additional notifications on any amendments shall be sent to your Zildia account. If within one week after the notification is sent you continue to use Zildia Platform, you will be considered as having accepted all the amendments made.

E-MAIL NOTIFICATIONS

You hereby consent to receiving e-mail notifications as a reminder that payments are due or to be paid with respect to a Biller’s invoice or charges. Such e-mail notifications will include a link to the Service. User can opt out of such e-mail notifications by following instructions contained on the notification. Until Payer opts out of such e-mail notifications, such notifications will continue.

INDEMNITY

You agree to indemnify and hold harmless the Indemnified Parties from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms by you, or the infringement by you, or other users of the Site using your computer, of any intellectual property or other right of any person or entity. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

JURISDICTION AND CHOICE OF LAW

These Terms shall be governed by, construed and enforced in accordance with the laws of Malaysia without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Site, shall be brought only in either the state or Federal courts located in Pulau Pinang, Malaysia, and you expressly consent to the jurisdiction of said courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

LEGAL RESTRICTIONS

Use of the Service is unauthorized and unlicensed wherever it is unlawful under applicable law. You may not use the Service at any place or in any manner that would violate any applicable technology control, export, or import laws. Any offer of any feature, product or service is void where prohibited. Beyond Ledpos may limit or deny to any person, in its sole discretion, access to any feature, product or service.

GENERAL

These Terms constitute the entire agreement between you and the Site and govern your use of the Site, superseding any prior agreements between you and the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another site linked to by this Site. The section titles in these Terms are for convenience only and have no legal or contractual effect.

VIOLATIONS

Please report any violations of these Terms to support@zildia.com

SEVERANCE AND WAIVER

You acknowledge and agree that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.

The Site's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Site.

MISCELLANEOUS PROVISIONS

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Zildia may, in its sole discretion, assign its rights and/or delegate its duties under this agreement. You may not assign your rights or delegate your duties, and any assignment or delegation without the written consent of Beyond Ledpos, which Beyond Ledpos may withhold in its sole discretion, shall be void.

CONTACT INFORMATION

If you have any questions regarding the use of Services or regarding these Terms, you should send us an e-mail to support@Zildia.com.

Your Zildia team.