CONSENT AUTHORIZATION UNDER PERSONAL DATA PROTECTION ACT (PDPA)
By this consent, I/we understand that and agree that:
i. you may conduct credit checks on me/us with any business entity/ies for bona fide trade checking and/or any credit reporting agency of your choice now or at any future time for any one or more of the following purposes (hereinafter referred to as “legitimate interest’)
ii. opening of account
iii. credit / account evaluation
iv. credit / account review
v. credit / account monitoring
vi. debt recovery purposes
vii. legal documentation consequent to a contract or facility granted by you.
You may use the monitoring application of credit reporting agency obtain new information and updates on me as long as any of above mentioned legitimate interests exist.
You may disclose any information about me.us, our company business with respect to the conduct or my/our account or our business account to any business entity/ies for bona fide trade checking and / or reporting agency/ies may in turn be provided to its subscribers of their service.
I/We have read the terms and conditions and do hereby give my/our consent to you and your agent/s or partner/s or credit reporting agency of your choice to process my/our personal data.
By this consent, I/We understand and agree that we are agree the terms and condition show as below,
i. You may contact me/us with regards to new offerings of any related product/services by your company
ii. You may use my/our data for statistical and marketing analysis on the related range product/services by your company
*Note: in all cases, the word “account” above refers to the subscribing party to Koperasi Al-Najah Kuala Lumpur Berhad services and the conduct thereof
TERMS & CONDITIONS
Please read this Agreement carefully before accessing or using the Service. By subscribing or by making an online transfer, or cheque for any part of our Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer by Najah, acceptance is expressly limited to these terms.
Note: Apple recently changed its iTunes App Store regulations, which can affect some no-code app makers. The regulation says, “Apps created from a commercialized template or app generation service will be rejected.” The purpose is to eliminate clones and spam apps that can be quickly created, but it may have an effect on Apps of small businesses who have not differentiated their Apps enough. Apple doesn’t disclose which apps have been rejected or ejected from the App Store, so there’s no firm evidence that this will affect those using any specific app maker, but it may. This change came unexpectedly, and we understand the potential impact this may have on your business. If subscriber want to publish on the Apple App Store there will be charges at based on the apple developer account current price by Apple for developer account and processing fees is RM 100.00. They also required DUNS account which required the documentation to submit.
1. Preamble: This Agreement, signed on the date of application governs the relationship between The Licensee, a duly registered company, (hereinafter: Licensee) and Najah, a duly registered company in Malaysia whose principal place of business is Unit D-02-01 & D-02-02 , Level 2 , The Place, Jalan Teknokrat 1/1,63000 Cyberjaya ,Selangor Darul Ehsan .
(Hereinafter: Koperasi Al-Najah Kuala Lumpur Berhad). This Agreement sets the terms, rights, restrictions and obligations on using Najah Application Platform (N.A.P) and/or Najah Application Platform (N.A.P) (hereinafter: The Platforms) owned by Koperasi Al-Najah Kuala Lumpur Berhad, as detailed herein.
2. License Grant: Koperasi Al-Najah Kuala Lumpur Berhad hereby grants Licensee a personal, non-assignable & non-transferable, commercial, royalty free, Including the rights to create but not distribute derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party Platforms used while running Platforms.
2.1.1. Limited: Licensee may use Platform for the purpose of (i) Running Platforms on one User App and Designated Production Server Instance; (ii) Running Platforms on one User Non-Production Server Instance, for technical and development tests; (iii) Allowing 3rd Parties to login Platforms on User Website and Designated Production Server Instance;
(iv) Publishing Platform’s output on Google Playstore only to Licensee; (iv) Modify Platforms to suit User needs and specifications.
2.1.2. Non-Assignable & Non-Transferable: Except as expressly authorized herein, Licensee may not assign or transfer his rights and duties under this license.
2.1.3. Commercial, Royalty Free: Licensee may use Platforms for any purpose, including paid-services, without any royalties.
2.1.4. Including the Right to Create Derivative Works: Licensee may create derivative works based on Platforms, including amending platform source code, modifying it, integrating it into a larger work or removing portions of Platforms, as long as no distribution of the derivative works is made.
2.1.5. Licensee is authorized to use the Platforms on substitute at Najah Server on a temporary basis without charge any time a Designated Production Server is inoperative due to a malfunction beyond the control of Licensee.
2.1.6. With support & updates: Najah shall provide user support for one year as follows in the SUPPORT SERVICES TERMS AND CONDITIONS. Updates and Upgrades are free for lifetime. Najah shall retain full title in Trademarks, and any trademarks and tradenames contained, including Platforms names, logos, and all other intellectual property. Unless specifically stated in this license, no license shall be made to use, associate or affiliate Platforms with Licensee in any manner. User may not use Platforms name, tradename, trademarks or logo when distributing derivative works of Platforms to 3rd parties. No user on this Platforms may post any material protected by copyright without the permission of the copyright owner or in violation of any agreement or other restriction applicable to the material any user posts on the Site. By posting material, the posting party warrants and represents that he or she owns the copyright with respect to such material or has received permission from the copyright owner. The posting party grants us the nonexclusive right and license to display, copy, publish, distribute, transmit, print, and use such material. In addition, the posting party grants other users the nonexclusive right and license to share such material through various discussions and blogs available to users as part of the Our Community. We cannot guarantee that others will not use the ideas and information that are posted. Therefore, if you have an idea or information that you would like to keep confidential and/or that you do not want others to use, do not post such information or ideas. We is not responsible for the misuse or misappropriation of any content or information that you submit.
2.1.7. If Platforms is covered by Najah, Najah do not grants users a non-exclusive, worldwide, royalty-free patent license under Koperasi Al-Najah Kuala Lumpur Berhad’s essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of Platforms.
3. Term & Termination: The Term of this license shall be until terminated. Najah may terminate this Agreement, including User license in the case where Licensee:
3.1.1. Became insolvent or otherwise entered into any liquidation process; or
3.1.2. Exported The Platforms to any jurisdiction where Najah may not enforce his rights under this agreements in; or
3.1.3. Licensee was in breach of any of this license’s terms and conditions and such breach was not cured, immediately upon notification; or
3.1.4. User in breach of any of the terms of clause 2 to this license; or
3.1.5. User otherwise entered into any arrangement which caused user to be unable to enforce his rights under this License.
3.1.6. User failed to pay yearly maintenance fees within the bill after 30 days
3.1.7. If user failed to pay installment fees for continuous 3 months user may face service interruption
3.1.8. If user want to restore the service then user required to pay RM100.00 per month barred as reconnection fees
3.1.9. Upon suspension, our reconnection of the Service(s) is subject to you paying a reconnection fee, all outstanding amounts due to us. If you have requested for suspension of your Service(s), we are entitled to terminate your suspended account where the suspension period continues beyond the allowed timeframe of our policy as stipulated on our official website from time to time.
4. Payment: In consideration of the Najah granted under clause 2, user shall pay by cash or cheque or online banking only mean which Koperasi Al-Najah Kuala Lumpur Berhad may deem adequate. Failure to perform payment shall construe as material breach of this Agreement. Recurring yearly payments for “hosted by us” editions, are automatically processed on a year to year basis. If it can be processed when comes up for renewal, the user will receive an email from the Najah to inform him about the payment failure. From this time, the Licensee has one-month period to process a new payment otherwise all the user data will be deleted from the server.
4.1.1. You agree to pay Najah the following Fees: (i) Any relevant charges that may be payable by You in accordance with Your Service Plan; (ii) An administrative fee to retrieve and transfer, on Your request, the User Data to You; (iii) stamp duty payable; (iv) a re-connection fee if Your account is suspended pursuant to Clause 3.1.3; and Clause 3.1.5 any other fee or surcharges that may be imposed from time to time by Us.
4.1.2. Service Barring and Suspension: We may bar or suspend Your account for such duration as We deem fit if: (i) Your debt to Us has been outstanding for more than ninety (90) days (barring applies); (ii) You breach the terms of this Agreement and such breach is not remedied within thirty (30) days from the time that You are requested by Us to do so (suspension may apply); (iii) We are instructed by any federal or statutory agency or regulatory body; (iv) You misuse the Service or use the Service in contravention of the applicable law s and regulations.
4.1.3. Service Restoration: Restoring the Service to Your barred account requires you to have first remedied to our satisfaction the ground entitling Us to bar, including the settling of any outstanding amounts due to Us and any relevant
reconnecting fees. Where an account has been suspended, in addition to the foregoing requirements for restoration of Service for barred account payment of a prescribed fee may be required for re-connection.
4.1.4. Reconnection fee: RM 100.00 per month for the month account start bar
5. Upgrades, Updates and Fixes: Najah may provide User, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. User hereby warrants to keep The Platforms up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Najah. Najah shall provide any update or Fix free of charge; however, nothing in this Agreement shall require Najah to provide Updates or Fixes.
5.1.1. Upgrades: for the purpose of this license, an Upgrade shall be a material amendment in The Platforms, which
contains new features and or major performance improvements and shall be marked as a new version number. For example, should Licensee purchase The Platforms under version 1.X.X, an upgrade shall commence under number 2.0.0.
5.1.2. Updates: for the purpose of this license, an update shall be a minor amendment in The Platforms, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should Licensee purchase The Platforms under version 1.1.X, an upgrade shall commence under number 1.2.0.
5.1.3. Fix: for the purpose of this license, a fix shall be a minor amendment in The Platforms, intended to remove bugs or alter minor features which impair the platform’s functionality. A fix shall be marked as a new sub-sub-version number. For example, should Licensee purchase Platforms under version 1.1.1, an upgrade shall commence under number 1.1.2.
6. Liability: To the extent permitted under Law, The Platforms is provided under an AS-IS basis. Najah shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of platforms’ actions, failure, bugs and/or any other interaction between The Platform and User end-equipment, computers, other Platforms or any 3rd party, end-equipment, computer or services. Moreover, Najah shall never be liable for any defect in source code written by Licensee when relying on The Platforms or using The Platform’s source code.
7. Server’s configuration for “hosted by us” versions (yearly payments): Clients of Najah “hosted by us” versions, which include but are not limited to, App Platform and Multi-Apps Edition, have the Platforms install on a specific server or on a specific instance of a server. This server or instance has not unlimited capacities. For App Platforms subscribers, the server main configuration is hosted by Najah.
8.1.1. Intellectual Property: Najah hereby warrants that The N.A.P does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
8.1.2. No-Warranty: The Platform provided without any warranty; Najah hereby disclaims any warranty that The Platform and product shall be error free, without defects or code which may cause damage to User computers or to Licensee, and that Platform shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating Platform and undertake the risks contained in running The Platforms on License’s Server[s] and Website[s].
8.1.3. Prior Inspection: Licensee hereby states that he inspected The Platform thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer Platforms and architecture. Licensee found that The Platform interacts with his development, website and server. Environment and that it does not infringe any of End User License Agreement of any Platform Licensee may use in performing his services. Licensee hereby waives any claims regarding N.A.P incompatibility, performance, results and features, and warrants that he inspected the N.A.P.
9. Refund: No any refundable after purchase N.A.P, but if User feel this N.A.P is not suitable on the system they may trade in with their existing N.A.P system and book with complete set and choose to customize with Koperasi Al-Najah Kuala Lumpur Berhad and get discount on the rate what they had purchase on the invoice.
10. Indemnification: User hereby warrants to hold N.A.P harmless and indemnify Najah for any lawsuit brought against it in regards to User usage of The Platforms in means that violate, breach or otherwise circumvent this license, Najah’s intellectual property rights or Najah’s title in The Platforms. Najah shall promptly notify Licensee in case of such legal action and request User consent prior to any settlement in relation to such lawsuit or claim.
11. Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Najah in relation to this license and to compensate Najah for any legal fees, cost or attorney fees should any claim brought by Licensee against Najah be denied, in part or in full. And comply the law governing by Malaysia.
12.1.1. “Designated Production Server” shall mean the Server running the Platforms in the purpose of a Commercial use with respect to a particular Platforms license. Such Server may be that of a third-party under nondisclosure obligations that will host the Platforms for the benefit of Licensee.
12.1.2. “Modifications” means any code developed by Licensee or any third party, including without limitation, configuration, integrations, implementations, or localizations to the external layer of the core, baseline Platforms product. The term “Modifications” excludes Updates.
12.1.3. “Server” means each physical or virtual server from which a single instance of the Platforms is accessed and used either for production purposes (“Designated Production Server Instance”) or for non-production purposes, such as development, testing, training and other non-operational business transactions (“Non-Production Server Instance”). For example, if one server contains two (2) instances of the Platforms, i.e., one Production Server Instance and one Non-Production Server Instance, then one Server license is required for such instances;
12.1.4. “Platforms” means Najah’s proprietary Platforms solution known as the Najah Apps Platforms, provided solely in source code, including associated technical documentation, and all Updates thereof furnished to Licensee as part of Support
Services. Except as otherwise specified herein, the term Platforms includes certain open source Platforms programs described in LICENCE SUMMARY Section. “Platforms” does not include any Modifications.
12.1.5. “Updates” means all published revisions and corrections to the printed documentation and corrections and new releases of the Platforms which are generally made available to Najah’s supported customers at no additional cost or for media and handling charges only. Updates shall not include any options or future products which Najah sells separately.
SUPPORT SERVICES TERMS & CONDITIONS
Unless otherwise defined herein, all capitalized terms will have the meanings set forth in the Agreement.
1. “Support Services” consists of:
1.1.1. Advice regarding the downloading, installation and configuration of the Platforms (including Updates provided by Najah, but excluding for the avoidance of doubt any Modifications to the Platforms), when used by Licensee on Platforms
that meet the “Platforms Requirements” specified on Koperasi Al-Najah Kuala Lumpur Berhad website currently located at https://www.najah.com/support and its related sites as may be updated by Najah from time to time (collectively, the “Site”) (see specifically, need to create a website.
1.1.2. Facilities for bug tracking, escalation of problems for priority attention, and access to community-supported FAQs and Forums relating to the Platforms.
1.1.3. Assistance with troubleshooting to diagnose and fix errors in the Platforms.
1.1.4. Access to N.A.P documentation relating to the Platforms, including authorization to make copies of that documentation for internal as specified in the Agreement.
1.1.5. This support is provided during opening hours which are specified in our support ticket page at:
https://www.najahguru.com/support and which are from 10AM to 7PM GMT+8, Monday to Friday.
2. Exclusions from Support Services: Najah shall have no obligation to support (i) versions of the Platforms other than the then-current and immediately previous releases, which are operated on a supported hardware/operating Platforms platform specified in the release notes for the Platforms; (ii) altered or modified Platforms; (iii) Platforms accessed on unlicensed Servers; (iv) problems caused by User negligence, misuse, or hardware malfunction; or (v) use of the Platforms inconsistent with Najah instructions. Najah is not responsible for hardware changes necessitated by changes to the Platforms. Support Services does not include:
2.1.1. Assistance in the development or debugging of User Platforms, including the operating Platforms and support tools.
2.1.2. Information and assistance on technical issues related to the installation, administration, and use of enabling technologies such as databases, computer networks, and communications.
2.1.3. Assistance with the installation and configuration of hardware including, but not limited to computers, hard disks, networks, and printers.
3. Distributor: Najah or its authorized distributor reserve the right to any or all of the work to be performed under these Support Terms, and Najah retains responsibility for any work so subcontracted.
4. User Responsibilities: User shall provide commercially reasonable cooperation and full information to Najah with respect to the furnishing of Support Services under this Agreement.
5. Support Contacts: Licensee shall designate one or more support contacts that are authorized to submit Platforms problems.
6. Community Support: Problems can be posted in the support forum dedicated to commercial versions of Koperasi Al-Najah Kuala Lumpur, which can be found at: www.najahguru.com
7. Prohibited Use: As a condition of User use of the Forums, Licensee will not use (and will prohibit its customers from using) the Forums (i) to violate any applicable law, statute, ordinance or regulation; (ii) to disseminate content that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iii) to disseminate any Platforms viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer Platforms or hardware or telecommunications equipment; (iv) to infringe the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; or (v) use the Forums for any purpose other than their intended use. Or doing illegal activities on the N.A.Ps.
8. Term and Termination: Najah will provide Support Services to user during a one year period starting the day User acquires his Platforms License, and subject to User payment of the applicable fees. In the event user fails to pay such fees to Najah or in the event Licensee materially breaches the Support Services provisions and does not cure such breach within thirty (30) days of its receipt of Najah notice of same, Najah may suspend or cancel Support Services.
9. General: Najah shall not be liable for any failure or delay in performance under these Support Terms due to causes beyond its reasonable control. Any illegal or unenforceable provision shall be severed from these Support Terms. Licensee agrees that any information received pursuant to these Support Terms shall be deemed to be subject to the non-disclosure obligations set forth in the License Agreement. User obligation of payment of moneys due under these Support Terms shall survive termination of these Support Terms or the License Agreement. These Support Terms state the entire agreement regarding provision of Support Services to Licensee and may be amended only by a written amendment set forth on a separate document executed by authorized representatives of both parties.
TERMS OF USAGE N.A.P
1. Your N.A.P Account and Site: If you create a social network or mobile application on the Service, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your social network in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Najah may change or remove any description or keyword that it considers in a Appropriate or unlawful, or otherwise likely to cause Najah liability. You must immediately notify Najah of any unauthorized uses of your social network, your mobile application, your account or any other breaches of security. Najah will not be liable for any acts or omissions by you, including any damages of any kind incurred because of such acts or omissions.
2. Responsibility of Contributors: If you operate a social network, operate a mobile application, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”) or other services, you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer Platforms. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any Platforms, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your social network or mobile application is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods; your social network or mobile application is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your social network’s URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by social network or otherwise. By submitting Content to Najah for inclusion on any services or applications provided by Najah you grant Najah a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your mobile application. If you delete Content, Najah will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Najah has the right (though not the obligation) to, in Najah sole discretion (i) refuse or remove any content that, in Najah reasonable opinion, violates any Najah policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Najah sole discretion. Najah will have no obligation to provide a refund of any amounts previously paid.
4. Trade In and Custom Mobile App Development: You can trade in your current N.A.P by customize your own Mobile App. Custom Mobile App design and development projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, Najah retains all monies paid and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
5. Design fees Plan: Design on the E-Form at www.najahguru.com/document is free for two time only. If there’s third time to revise the design there will be the charges RM 50.00/times changes for the following times.Payment of design fee towards Build for apps Plan is treated as a custom App design and development project. Hence once the payment of design fees is made, it is non-refundable. If a project is cancelled or postponed, Koperasi Al-Najah Kuala Lumpur Berhad retains all monies paid and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
6. Content Posted on Other Services: We have not reviewed, and cannot review, all of the material, including computer Platforms, made available through the services and webpages to which N.A.P links, and that link to N.A.P Koperasi Al-Najah Kuala Lumpur Berhad does not have any control over those non-N.A.P services and webpages, and is not responsible for their contents or their use. By linking to a non-N.A.P website or webpage, Koperasi Al-Najah Kuala Lumpur Berhad does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer Platformss from viruses, worms, Trojan horses, and other harmful or destructive content. Koperasi Al-Najah Kuala Lumpur Berhad disclaims any responsibility for any harm resulting from your use of non-N.A.P websites and web pages. We will not responsible on that if there’s owner claim their right on the copyright.
7. Copyright Infringement and DMCA Policy: As Koperasi Al-Najah Kuala Lumpur Berhad asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by N.A.P or any Koperasi Al-Najah Kuala Lumpur Berhad social network or mobile application violates your copyright, you are encouraged to notify Koperasi Al-Najah Kuala Lumpur Berhad in accordance with Koperasi Al-Najah Kuala Lumpur Berhad Digital Millennium Copyright Act (”DMCA”) Policy. Koperasi Al-Najah Kuala Lumpur Berhad will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Koperasi Al-Najah Kuala Lumpur Berhad or others, Koperasi Al-Najah Kuala Lumpur Berhad may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, Koperasi Al-Najah Kuala Lumpur Berhad will have no obligation to provide a refund of any amounts previously paid to Koperasi Al-Najah Kuala Lumpur Berhad Intellectual Property.This Agreement does not transfer from Koperasi Al-Najah Kuala Lumpur Berhad to you any Koperasi Al-Najah Kuala Lumpur Berhad or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Koperasi Al-Najah Kuala Lumpur Berhad, N.A.P Apps, N.A.P Apps, the N.A.P Apps logo, and all other trademarks, service marks, graphics and logos used in connection with N.A.P Apps, or the Service are trademarks or registered trademarks of Koperasi Al-Najah Kuala Lumpur Berhad Koperasi Al-Najah Kuala Lumpur Berhads. Other trademarks, service marks, graphics and logos used about the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Koperasi Al-Najah Kuala Lumpur Berhad or third-party trademarks.
8. Changes: Koperasi Al-Najah Kuala Lumpur Berhad reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Koperasi Al-Najah Kuala Lumpur Berhad may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources and modification as well as termination of released features). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
9. Disclaimer of Warranties: The Service is provided “as is”. Koperasi Al-Najah Kuala Lumpur Berhad and its reseller and Koperasi Al-Najah Kuala Lumpur Berhads hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a purpose and non-infringement. Neither Koperasi Al-Najah Kuala Lumpur Berhad nor its suppliers and Koperasi Al-Najah Kuala Lumpur Berhads, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
10. Limitation of Liability: You expressly understand and agree that Najah shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if N.A.P has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) any bugs arising in the app; (vi) corruption of application, hacking attacks, security of the app or any other matter relating to the service; (vii) any rejection of your mobile application from any mobile application store or marketplace; (viii) for any amounts that exceed the fees paid by you to Najah under this agreement during the twelve (12) month period prior to the cause of action. Najah shall have no liability for any failure or delay due to matters beyond their reasonable control.
The foregoing shall not apply to the extent prohibited by applicable law.
12. Indemnification: You agree to indemnify and hold harmless Najah its contractors, and its Najah, and their respective directors, officers, employees and agents, from and against any and all 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; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that your Content caused damage to a third party; or (v) any rejection of your mobile application from any mobile application store or marketplace, for any reason whatsoever. This defense and indemnification obligation will survive these Terms and your use of the Service.
13. Miscellaneous: This Agreement constitutes the entire agreement between Koperasi Al-Najah Kuala Lumpur Berhad and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Koperasi Al-Najah Kuala Lumpur Berhad or by the posting by Koperasi Al-Najah Kuala Lumpur Berhad of a revised version of this Agreement.
14. User Generated Apps: All apps created on our platform are User Generated Apps, N.A.P Apps does not endorse and has no control over User Generated Apps submitted by you or others and accepts no responsibility whatsoever in connection with or arising therefrom. User Generated Content App created through the Site is not necessarily reviewed by N.A.P prior to posting in Market Place and does not necessarily reflect the opinions or policies of N.A.P If at any time N.A.P chooses, in its sole discretion, to monitor the Marketplace, N.A.P nonetheless assumes no responsibility for User Generated Apps, no obligation to modify or remove any N.A.P propriate or inaccurate User Generated Apps, and no responsibility for the conduct of the user submitting any User Generated App. N.A.P makes no warranties, express or implied, as to the suitability, accuracy or reliability of any Content and other materials on the Marketplace. Nonetheless, Administrator reserves the right to prevent you from submitting User Generated App and to edit, restrict or remove any User Generated App for any reason at any time. You agree that Administrator shall accept no liability if we prevent, in our sole discretion, your User Generated App from being submitted, or we edit, restrict or remove it. You also agree to permit any other user of this Site and any third-party website on which your User Generated App may be included, to access, view, store and reproduce the material for such user’s personal use.
15. Third-Party Services & Third-Party Application Providers: N.A.P utilize multiple Third-Party services including but not limited to Pub Nub, Facebook, Google (Youtube, Maps, Firebase, Sheets, API.AI), Sinch, Vuforia, AWS, etc. You acknowledge that the license to each Third-Party Service that you obtain, is a binding agreement between you and the Application Provider. For Third-Party Apps, you acknowledge that (i) you are acquiring the license to each Third-Party App from the Application Provider; (ii) N.A.P is not acting as agent for the Application Provider in providing each such Third-Party App to you; and (iii) N.A.P is not a party to the license between you and the Application Provider with respect to that Third-Party App. The Application Provider of each Third-Party App is solely responsible for that Third-Party App, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that Third-Party App. In the case of Third-Party Apps, the License Fee is set as the sole discretion of the Third-Party Application Provider and N.A.P does not collect the License Fee on behalf of the Third-Party Application Provider, you will have to pay this directly to the Third-Party Application Provider. The Koperasi Al-Najah Kuala Lumpur Berhad may change the License Fee at any time.
16. Customer obligation: The customer shall use the relevant service for lawful purposes. Further, the customer shall not use the relevant service for any unlawful purpose including without limitation for any crime purposes not use the relevant service to send unsolicited electronic message or any message which is obscene. Threatening of offensive on moral, religious, racial or political ground to any person including company or a corporation. Not compromise or infect any Platforms with computer viruses or otherwise. The Subscriber must also read and comply with the following terms, available at www.najahguru.com fair usage policy, N.A.P standard guideline and where applicable the service acceptance form for the relevant service. Where applicable, the customer shall be responsible for the safety and security of service or user id and password of the relevant service.
1. Parties agrees that all services relating to N.A.P, including but not limited to, software updates, bug fixing, troubleshooting, tutorial on using N.A.P, software upgrade/packages, in-app purchases, and other related customer support, shall be handled by Najah.
2. Parties agrees that any physical damage in N.A.P Products such as spoiled pendrive which caused the N.A.P not readable or usable, breakage of the packaging which was due to the manufacturing defects, in which those physical damage was not due to fault of the Distributor and/or anyone who has purchased the N.A.P Products shall be handled by the Distributor (‘Defective Products’). Najah shall supplement the Distributor the Defective Products within a reasonable time from the day the Defective Products is reported by the Distributor to Najah.
3. Every agreement, contract, deed and/or arrangement entered between the Distributor and the customers, users, potential customers, consumers and/or to the public shall be regarded as a separate agreement between the Distributor and the customers, users, potential customers, consumers and to the public. Najah must not be regarded as a party to these agreements. Save and except the situations in Clause 1 and Clause 2 of this Agreement, Najah is not responsible to any agreement, contract, deed and/or arrangement entered between the customers, users, potential customers, consumers and to the public.
In entering into this Agreement, the Parties recognize that it is impracticable to make provisions for every contingency which may arise in the course of performance thereof and accordingly, the Parties declare it to be their intention that this Agreement shall operate between them with fairness and without detriment to the interest of any of them and if in the course of performance of this Agreement, unfairness is disclosed or anticipated then the Parties shall use their best endeavor to agree upon such action as may be necessary and equitable to remove the cause or causes of the same.
1. Time shall be of the essence of this Agreement.
2. No failure of delay on the part of any party in exercising any power or right in this Agreement shall operate as waiver of such power or right, nor shall single or partial exercise of such right and power preclude any other right or power in this Agreement.
3. No variation or modification of any of the terms of this Agreement shall be valid unless in writing and signed by or on behalf of the parties.
4. No party shall be entitled to assign this Agreement or any part hereof without permission in writing from the other party.