Term of Usage

CSQ CORPORATE SERVICES SDN. BHD.

Terms of Use (for usage of CSQ Corporate Services Sdn. Bhd.’s SmartCo only)

CSQ Corporate Services Sdn. Bhd., a Kuala Lumpur based company secretary firm (“CSQ Corp”, or “we”), provides the individual and enterprise communication platform through its chatbot called SmartCo (the “SmartCo”) mainly can be accessed through existing social media website such as “Facebook” and messenger application system such as “WhatsApp” and “Telegram”, that allows users to communicate their desire to incorporate a company via CSQ Corp’s company secretary services. By using the SmartCo, you agree to be bound by the Terms of Use (the “Terms of Use”). If you wish to become a user, please read the Terms of Use and indicate your acceptance by following the instructions in the Registration process.

The Terms of Use sets out the legally binding terms for your use of the SmartCo. You are responsible for reviewing any applicable changes. Please read them carefully. The Terms of Use and the CSQ Corp Privacy Policy, incorporated herein by reference, govern your access to and use of the SmartCo. The Terms of Use are a legal agreement between you and CSQ Corp and apply to you when you use the SmartCo.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING THE “Sign Up” BUTTON OR BY USING THE SMARTCO, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU SHALL NOT ACCESS OR USE THE SMARTCO AND DELETE YOUR PROFILES.

  1. Basic Principles.

Please read all of the Terms of Use carefully. Without limiting any term of the Terms of Use, the following are a few basic principles that apply to your use of the SmartCo:

  • You must be 18 years or older to use the SmartCo.
  • If your SmartCo account is terminated for any reason, you may not create another SmartCo account without our express prior written permission to do so.
  1. Modification. 

CSQ Corp reserves the right, at its sole discretion, to modify, discontinue or terminate the SmartCo at any time without prior notice.

CSQ Corp reserves the right, at its sole discretion, to modify the Terms of Use, at any time and without prior notice. If we modify the Terms of Use, we will post the modification on the SmartCo or otherwise provide you with notice of the modification. We will also update the “Last Updated Date” in the Terms of Use. By continuing to access or use the SmartCo after we have posted a modification to the Terms of Use or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the Terms of Use, whether modified or not, are not acceptable to you, you must cease accessing and using the SmartCo.

  1. Account Registration and Eligibility.

3.1 Residence; Age Requirement; Authority.

In order to use any of the SmartCo, you must be in a country in which CSQ Corp is legally authorized to operate the SmartCo and be at least 18 years of age.

You represent that:

  • you have read and understood, and that you agree to be bound by, this Agreement, and
  • you are at least 18 years old.

If you do not agree to, or cannot comply with, any of the terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access any of the SmartCo.

3.2 Registration.

To use any aspect of the SmartCo and become a “User”, you must register through the SmartCo, and provide certain information including your name. To use additional features, you will need to provide additional information, including but not limited to, your email address, phone number, etc.

All of the registration information you provide to CSQ Corp is referred to as your “Account Information”. You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. CSQ Corp will use your Account Information in accordance with its privacy policy. When registering on the SmartCo will document your mobile device using an identifier (“User ID”) assigned by CSQ Corp. This is a number different from your unique user identification (such as “UDID”) or phone number. Your User ID will be used to provide you with access to your content while using CSQ Corp through a web browser as well.

By providing the SmartCo with access with the relevant information, you consent to CSQ Corp using the SmartCo to send you SmartCo-related notices on your messenger app through push notification, including among other things notices required by law, in lieu of postal mail. You may not opt out of SmartCo-related message sent through the SmartCo. We may also use the SmartCo to send you other messages, including information about the SmartCo and special offers. To end notification and messaging to you through the SmartCo, you must inform CSQ Corp of your intention.

3.3 Connectivity

You will be responsible for providing the mobile device, network connection, and any other hardware and software necessary to use the SmartCo.

3.4 Account Confidentiality.

You agree that you will not allow others to use any aspect of your Account Information. You are responsible for taking steps to maintain the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. CSQ Corp will not be responsible for any losses arising out of the unauthorized use of any of your Account Information and/or account and you agree to indemnify and hold harmless CSQ Corp, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.

3.5 Security.

To prevent unauthorized access, to maintain data accuracy, and to ensure the appropriate use of Account Information, CSQ Corp uses appropriate physical, technical and administrative procedures to safeguard the information we collect.

  1. Fees.

SmartCo Fees.

You acknowledge that CSQ Corp reserves the right to charge a fee for any portion of the SmartCo. The Company will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account and/or subscription in the event you do not wish to pay the modified fee. If you continue to use the SmartCo after a fee has been imposed or increased, you are expressly agreeing to the fee or increase thereto and you will be responsible for paying such fee for the balance of your subscription or use of the SmartCo. If Company suspends or terminates your account and/or access to the SmartCo because you have breached the Terms of Use or violated applicable law, you will not be entitled to a refund of any unused portion of such fees or other payments.

  • CSQ Corp may offer different tiers of services through the SmartCo. The fees for such service tiers shall be paid in advance on a regular subscription model. Should User fail to pay any such fees, User will no longer have the premium access associated with such paid service tiers.
  1. Your Content.

When you submit, upload, transmit or display any data, information, media, documents or other content in connection with your use of our SmartCo (“Your Content”), you understand and agree that:

  • you will continue to own and be responsible for Your Content;
  • CSQ Corp will not sell Your Content to any third party;
  • our use of Your Content will be subject to the CSQ Corp Privacy Policy;
  • you are giving CSQ Corp the right to use Your Content (with no fees or charges payable by us to you) solely for the purposes of providing, promoting, developing and trying to improve the SmartCo, including new services that CSQ Corp may provide in the future;
  • e) in using Your Content for these purposes, CSQ Corp may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future, provided that they are incorporated into our SmartCo which you use; and
  • f) CSQ Corp may share Your Content with third parties that CSQ Corp works with to help provide, promote, develop and improve our SmartCo, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related to our SmartCo).
  1. License to the SmartCo.

6.1 License Grant.

CSQ Corp grants to you a limited, non-exclusive, non-transferable license to access and use the SmartCo in legally authorized jurisdictions for personal non-commercial purposes only. If you subscribe to the SmartCo, this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a User. Any violation by you of the license provisions contained in this Section 6.1 may result in the immediate termination of your right to use the SmartCo. CSQ Corp reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE SMARTCO NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

6.2 Updates.

CSQ Corp may from time to time make available to all users of the SmartCo, updates at no cost or subject to additional fees in CSQ Corp’s sole discretion. “Updates” means any updates, upgrades or error corrections to the SmartCo that CSQ Corp makes available generally to users of the SmartCo. Notwithstanding anything else contained in this Agreement, CSQ Corp will have no obligation to continue producing or releasing new versions of the SmartCo or any updates thereto.

  1. General Prohibitions.

You agree not to do any of the following while using the SmartCo:

  • Use the SmartCo in a manner inconsistent with any and all applicable laws and regulations;
  • Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:
    • infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
    • violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
    • is fraudulent, false, misleading or deceptive;
    • is defamatory, obscene, pornographic, vulgar or offensive;
    • promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
    • is violent or threatening or promotes violence or actions that are threatening to any other person; or
    • promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances);
  • Bully, intimidate, or harass any User;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Sell or otherwise transfer your profile;
  • Use your Account to do anything unlawful, misleading, malicious, or discriminatory;
  • Do anything that could disable, overburden, or impair the proper working or appearance of CSQ Corp, such as a denial of service attack or interference with page rendering or other CSQ Corp functionality;
  • Use the SmartCo for the benefit of any third party or in any manner not permitted by the Terms of Use;
  • Use the SmartCo to reproduce copyrighted materials;
  • Collect or store any personally identifiable information from the Site or SmartCo from other users of the Site or SmartCo without their express permission;
  • Make the SmartCo available over a network where it could be used by others;
  • Provide your Account Information, including your password, to any other person;
  • Translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the SmartCo or any portion of them, except as expressly allowed under applicable law;
  • Circumvent any technology used by CSQ Corp or its licensors to protect communications via the SmartCo;
  • Rent, lease or sublicense any of the SmartCo;
  • Use the SmartCo in any way that violates the terms of this Agreement or other CSQ Corp policies; or
  • Encourage or enable any other individual to do any of the foregoing.

CSQ Corp will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and SmartCo security issues, to the fullest extent of the law. CSQ Corp may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Use. You acknowledge that CSQ Corp has no obligation to monitor your access to or use of the SmartCo or to review or edit any content, but has the right to do so for the purpose of operating the SmartCo, to ensure your compliance with the Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. CSQ Corp reserves the right, at any time and without prior notice, to remove or disable access to any content and any User, that CSQ Corp, in its sole discretion, considers to be in violation of the Terms of Use or otherwise harmful to the SmartCo.

  1. Ownership.

 The SmartCo is protected by copyright, trademark, and other laws of Malaysia and foreign countries. Except as expressly provided in the Terms of Use, CSQ Corp and its licensors exclusively own all right, title and interest in and to the SmartCo, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the SmartCo. Your content is fully owned by you and your licensors.

8.1 Copyrights.

As between you and CSQ Corp, you acknowledge that CSQ Corp owns or has a license to all title and copyrights in and to the SmartCo. All title and intellectual property rights in and to the licensed content in the SmartCo is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.

8.2 CSQ Corp Trademarks and Third-Party Trademarks.

The following are registered trademarks or trademarks of CSQ Corp, and its design logo, as well as certain other CSQ Corp trademarks, service marks, graphics, and logos (collectively, the “CSQ Corp Trademarks”) used in connection with the SmartCo. The SmartCo may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Trademarks or the trademarks of any third party.

  1. Security.

 The SmartCo may use technology to protect the digital information shared through the SmartCo from unauthorized use for several features, including, but not limited to, the Chat function. Your use of the SmartCo may be limited by such technology. Further, you acknowledge that such security features may not be impermeable. You acknowledge that, from time to time, CSQ Corp may modify or discontinue using such technology. Security modifications made by CSQ Corp may from time to time include required updates to the SmartCo. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.

  1. CSQ Corp cares about your privacy.

 It is important that you read and understand the terms of CSQ Corp’s Privacy Policy. CSQ Corp may cooperate with and disclose information (including your Account Information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the SmartCo Privacy.

  1. Termination.

Without limiting other remedies, CSQ Corp may at any time suspend, terminate, or refuse to provide you with access to the SmartCo. If CSQ Corp terminates, disables or suspends your access to the SmartCo for any reason your will not create another CSQ Corp account without first receiving CSQ Corp’s express written permission to do so.

CSQ Corp may notify authorities or take any actions it deems appropriate, without notice to you, if CSQ Corp suspects or determines, in its own discretion, that you may have or there is a significant risk that you have

  • failed to comply with any provision of the Terms of Use or any policies or rules established by CSQ Corp; or
  • engaged in actions relating to or in the course of using the SmartCo that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, other Users, CSQ Corp, any other third-parties, or the SmartCo.

Without limiting any other terms of the Terms of Use, you may stop using the SmartCo and delete your Account Information at any time by uninstalling the SmartCo from your mobile device and not accessing your account through a web browser.

After any termination, you understand and acknowledge that we will have no further obligation to provide the SmartCo. Furthermore, all licenses and other rights granted to you by the Terms of Use will immediately cease. CSQ Corp will not be liable to you or any third-party for termination of the SmartCo or termination of your use of either. Upon any termination or suspension, any content, materials or information that you have submitted via the SmartCo will no longer be accessible by you via the SmartCo thereafter.

Any suspension, termination or cancellation will not affect your obligations to CSQ Corp under the Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

  1. Links to Third Party Websites and Services.

 The SmartCo, and communications sent through the SmartCo, may contain links to or information regarding third-party websites or resources, including, but not limited to, service providers like Dropbox. You acknowledge and agree that CSQ Corp is not responsible or liable for:

  • the availability or accuracy of such websites or resources; or
  • the content, products, or services on or available from such websites or resources.

You acknowledge that you are subject to the terms and conditions of such Third Party resources when you use their services enabled or accessible through the SmartCo. Further, links to such websites or resources do not imply any endorsement by CSQ Corp of such websites or resources or the content, products, or services available from such websites or resources.

You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your dealings with, or participation in promotions of any third-party advertisers via the SmartCo are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that CSQ Corp is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the SmartCo.

  1. Special Notice for International Use; Export Controls. 

You agree to comply fully with all Malaysian and foreign export laws and regulations to ensure that neither the SmartCo nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. You represent and warrant that:

  • you are not located in a country that is subject to a Malaysian Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
  • you are not listed on any U.S. Government list of prohibited or restricted parties.
  1. General Practices Regarding Use and Storage. 

You acknowledge that CSQ Corp may establish general practices and usage limits on the SmartCo. This may include the length of time we store your data. You agree that CSQ Corp is not responsible or liable for the deletion or failure to store any data or other content maintained by the SmartCo. You further acknowledge that we may change these general practices and limits at any time without notice.

  1. Disclaimers.

 EXCEPT FOR ANY APPLICABLE GUARANTEES THAT CANNOT BE EXCLUDED UNDER LOCAL APPLICABLE LAWS:

The SmartCo (including any software contained therein) and any upgrades or plug-ins are licensed to you “as is.” Any use of the SmartCo will be at your own risk. To the maximum extent permitted by applicable law, CSQ Corp disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. CSQ Corp makes no representations or guarantees that the SmartCo will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and CSQ Corp disclaims any liability relating thereto.

CSQ Corp makes no guarantees, representations, or warranties that use or results of the use of the SmartCo will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, CSQ Corp may modify, suspend, or discontinue the Smartco (including any content) or your use of them. Whenever CSQ Corp elects to modify, suspend, or discontinue the SmartCo, it will not be liable to you or any third party.

You acknowledge that your submission of any information to us is at your own risk. CSQ Corp does not assume any liability to you with regard to any loss or liability relating to such information in any way. Some of the content, products, and SmartCo available through the SmartCo may include materials that belong to third parties. You acknowledge that CSQ Corp assumes no responsibility for such content, products or SmartCo. No advice or information, whether oral or written, obtained from CSQ Corp or through the SmartCo will create any warranty not expressly made herein.

CSQ Corp is not responsible for any incorrect or inaccurate content exchanged through the SmartCo. CSQ Corp is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any SmartCo or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the SmartCo. Under no circumstances shall CSQ Corp be responsible for any loss or damage, including personal injury or death, resulting from use of the SmartCo or from any content therein, whether online or offline.

  1. Limitation of Liability.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the SmartCo and any content therein remains with you. Neither CSQ Corp nor any other party involved in creating, producing, or delivering the smartco will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or SmartCo, arising out of or in connection with these terms of use or from the use of or inability to use the SmartCo or content therein, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not CSQ Corp has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that CSQ Corp is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

In no event will CSQ Corp’s aggregate liability arising out of or in connection with the terms of use or from the use of or inability to use the SmartCo exceed the greater of (50) Fifty Ringgit Malaysia (RM50) and (2) the fees paid in the three months prior to the claim arising. The limitations of damages set forth above are fundamental elements of the basis of the bargain between CSQ Corp and you. This limitation of liability for consequential or incidental damages is intended only for those jurisdictions where permissible.

  1. Indemnity.

You will indemnify and hold CSQ Corp, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits or claims arising out of (i) your breach of this agreement, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (ii) your use of the SmartCo.

  1. General.

18.1 Entire Agreement.

The Terms of Use (including the Privacy Policy) constitutes the entire and exclusive understanding and agreement between CSQ Corp and you regarding the SmartCo, and the Terms of Use supersede and replace any and all prior oral or written understandings or agreements between CSQ Corp and you regarding the SmartCo.

18.2 Assignment.

You may not assign or transfer the Terms of Use, by operation of law or otherwise, without CSQ Corp’s prior written consent. Any attempt by you to assign or transfer the Terms of Use, without such consent, will be null and of no effect. CSQ Corp may freely assign the Terms of Use. Subject to the foregoing, the Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

18.3 Notices.

You consent to the use of: (i) electronic means to complete the Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to the Terms of Use or your use of the SmartCo. Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms of Use, will be in writing and given by posting to the SmartCo.

18.4 Controlling Law and Jurisdiction.

This Agreement will be governed by the laws of the Malaysia, without regard to conflicts of law’s provisions thereof. Except as expressly prohibited by applicable law, the exclusive jurisdiction for any claim, action or dispute with CSQ Corp or relating in any way to your use of the SmartCo will be in the state and federal courts of Malaysia and the venue for the adjudication or disposition of any such claim, action or dispute will be in the Asian International Arbitration Centre (Malaysia) (“AIAC”) in Kuala Lumpur.

18.5 Waiver.

The failure of CSQ Corp to enforce any right or provision of the Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CSQ Corp. Except as expressly set forth in the Terms of Use, the exercise by either party of any of its remedies under the Terms of Use will be without prejudice to its other remedies under the Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Terms of Use will remain in full force and effect.

  1. Contacting CSQ Corp.

If you have any questions about the Terms of Use, please contact CSQ Corp at support@csqcorp.com.my.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT