Convep Mobilogy SDN BHD (Company No. 888851-T) (“CONVEP”, “we”, “our” or “us”) owns the website home.CommuDesk.com (“Website”) and “CommuDesk” mobile applications (“App”). We provide website features and products and services when you visit or access our Website and App (collectively “Services”). By using the Services, you are deemed to have agreed to our terms and conditions set out here and our privacy policy here (provide link to privacy policy). Where applicable, you will be subject to additional terms of use when you use a specific Service provided by us. The terms and services herein, privacy policy and additional terms (if applicable) are collectively referred to as “Terms and Conditions”. Your use of our Services will be subject to the Terms and Conditions. Please read them carefully. If you do not agree to the Terms and Conditions, you may not use our Services. We may vary, amend, modify or revise the Terms and Conditions from time to time. If we revise the Terms and Conditions, such changes will be effective when they are posted on our Website or App. Your continued use of our Services following such revision constitutes your acceptance to the revised Terms and Conditions.
You may use our Products and Services only if you can form a binding contract with CommuDesk, and only in compliance with these Terms and all applicable laws. When you create your CommuDesk account, you must provide us with accurate and complete information. If you open an 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 authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Any unauthorized or false representation of the account will lead to immediate termination. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades. Convep Mobilogy Sdn Bhd is not responsible for any material or life losses due to no response or slow response of our system in activating the guard to residents of our system in activation the guard to residents or committees assistance when guard panic button is used.
CommuDesk allows you to post content, including own organization details, photos, events details, and other articles. Anything that you post or otherwise make available on our Products is referred to as "Membership Content." You retain all rights in, and are solely responsible for, the Membership Content you post to CommuDesk. You grant CommuDesk a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your Membership Content on CommuDesk solely for the purposes of operating, developing, providing, and using the CommuDesk Products. Nothing in these Terms shall restrict other legal rights CommuDesk may have to Membership Content, for example under other licenses. We reserve the right to remove or modify Membership Content for any reason; including Membership Content that we believe violates these Terms or our policies. Following termination or deactivation of your account, or if you remove any Membership Content from CommuDesk, we may retain your Membership Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, CommuDesk may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Membership Content that you have stored or shared through CommuDesk.
By using CommuDesk App, you agree that Convep Mobilogy Sdn Bhd may collect, use and disclose your personal data, as provided in this application form, or (if applicable) obtained by our organisation as a result of your membership. Resident Association /Building management/ Condominium Resident Association has the right to use resident information in relation to CommuDesk features and to verify residents’ phone numbers, name and house address for the following purposes in accordance with the Personal Data Protection Act 2012:
For the avoidance of doubt, Personal Data includes all data defined within the Personal Data Protection Act 2012 including all data you had disclosed to Convep Mobilogy Sdn Bhd in this Form.
We care about the security of our users. While we work to protect the security of your content and account, CommuDesk cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
You may terminate this license at any time upon written notice to CommuDesk, but you shall be responsible for payment of all amounts then due to CommuDesk at the time of termination. CommuDesk may, in its sole discretion, terminate or suspend the Service or your use of the Service, permanently or temporarily, at any time with or without cause, immediately upon giving written notice to you. Upon termination, you will immediately cease all use of the Service and any documentation provided to you by the Service and returns or destroys all copies thereof. Your right and license to use the Service shall immediately cease upon termination. You shall thereafter have no right, and CommuDesk shall have no obligation, to forward any messages or information to you, your Visitors or any other third party. Except as otherwise expressly provided herein, all sections of these Terms and Conditions which by their nature should survive termination will survive termination, including, without limitation, indemnities, warranty disclaimers, and limitations of liability. Termination is not an exclusive remedy and we reserve all other available remedies in contract, law or equity.
CommuDesk shall not be liable to you or any other person for any delay or failure in the performance of this Agreement or for loss or damage of any nature whatsoever suffered by such person due to disruption or unavailability of communication facilities, utility or Internet service provider failure, acts of war, acts of terrorism, acts of vandalism, lightning, fire or other acts of God, strike, unavailability of energy sources or any other causes beyond CommuDesk's reasonable control.
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. CommuDesk SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CommuDesk takes no responsibility and assumes no liability for any Membership Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to Membership Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
This Agreement, together with any Exhibits hereto, contains the entire agreement of the parties, and supersedes any and all previous agreements with respect to the subject matter hereof, whether oral or written. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. CommuDesk may transfer, assign, sublicense or pledge, in any manner whatsoever, any of its rights and obligations under this Agreement to a subsidiary, affiliate, or successor thereof, or to any third party whatsoever, without notifying you or receiving your consent. Any waiver (express or implied) by CommuDesk of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach. No provision of the Agreement may be waived except by a written instrument expressly waiving such provision and signed by a duly authorized officer of CommuDesk. By entering into this Agreement, you acknowledge that you are transacting business with CommuDesk in the Malaysia. This Agreement shall be governed in all respects, including validity, interpretation and effect, by the laws of the Malaysia and exclusive venue shall be in the criminal courts & Supreme Courts of Malaysia. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof.