ISEWA - Terms of Use

Please read these terms and conditions or refer as (“Terms of Use”) as they governs your access to and/or use of the services which are available on or provided through www.isewaiot.com or any system, mobile applications operated by us (collectively, “Platform”). We may change the functionalities and services provided by Platform from time to time.

By signing up for, or otherwise using the Platform, indicating that you have read, understood and agreed to the Terms of Use. We may at our sole discretion amend or modify the Terms of Use at any time without notice or liability to you and by continuously using the Platform implies your acceptance of and agreement to be bound by the updated or modified Terms of Use. It is your responsibility to review these Terms of Use governing this Platform from time to time. Please also see the Privacy Policy provided within the Platform.

The Platform may be used by individual who have reached 18 years old and corporate legal entities such as companies and organization and these Terms Of Use shall be subjected to country-specific provisions as set out herein. If you found that you have a limited authority or disagree with the Terms of Use, then you should not sign up or using the Platform. We shall not be liable for any consequences, losses or damages of any nature resulting from our reliance on any instruction, notice, document, or communication reasonably believed by us to be genuine and originating from an authorized representative of your entity.

The terms “we”, “us”, “our” and “iSewa” refer to and our Platform (collectively, “iSewa”). The term “you” or “your” refers to each Authorized User of the Platform.

1. ACCOUNT

1.1 When you access and use the services available on the Platform you agree to provide us with true, accurate, current, and complete information and other details that we may reasonably require to provide you with such services offered through the Platform.

1.2 There are two type of account (i) Owner account and (ii) Tenant account. You are eligible to create any Tenant account based on your perferrences with Owner account. You agree that your Owner account will be used by you only and will not be shared with or transferred to others. You shall also agree that you do not share Tenant accounts to any irrelevant parties while using the Platform. We will not be liable for any losses or damages resulting from or in connection with any unauthorized use of your Owner account or any failure to keep the data of your Owner account confidential.

2. RESTRICTIONS

2.1 You agree that the information and content available on the Platform (including but not limited to any information, text, graphics, videos, photos, software or other materials) are the sole property of iSewa (save and except for Your Content) and that you will not copy, modify, sub-licence, re-sell or create derivative works of such information and content in any manner whatsoever.

2.2 Activities prohibited on the Platform The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platform. iSewa reserves the right to investigate and take appropriate legal action against anyone who, in iSewa’s sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:

a. license, sublicence, access, use, sell, transfer, assign, distribute, publish, disclose or otherwise make the Platform and/or any information obtained by you while using the Platform available to any third party;

b. modify, decompile or copy the Platform and/or any of its components;

c. access or use the Platform to build or support any products or services competitive with the Platform;

d. circumvent user authentication or security of any host, network or account (“Hacking”) or interfere with service to any user, host or network (“Denial of Service Attacks”) or otherwise cause immediate, material or ongoing harm to the Platform;

e. attempt to probe, scan or test the vulnerability of the Platform and/or the network or breach any security or authentication measures;

f. use the Platform dishonestly, fraudulently or illegally;

g. use the Platform to cause embarrassment, distress, annoyance, irritation, harassment, inconvenience or nuisance to any person;

h. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the EasyRenz or any other third party (including other users) appointed by the iSewa to protect the ability of the iSewa to provide the Platform;

i. remove, change and/or obscure in any way anything on the Platform or otherwise use any material or information obtained whilst using the Platform save and except as set out in these Terms and Conditions;

j. falsely identify itself or provide any false information to establish any account that will be used to gain access to and/or use of the Platform; and

k. use the Platform in a manner that violates any applicable law or regulation, infringes on the rights of any person or entity, or violates this Agreement.

3. OBLIGATION

3.1 Provision of Services The Platform made available to you may perform the following transactions:-

a. Register Owner account;

b. Register properties and Unit

c. Create Tenant account

d. Register payment gateway account;

e. Generate bills and invoices of tenancy;

f. View transaction history made by you and your Tenant;

g. Any other services as may be provided by iSewa to you from time to time.

3.2 Payment Gateway Account

(collectively, “Payex”) The Platform may require you to register or provide the existing Payex account in order to use some of the services include bill and rental collections. You shall provide us with true, accurate, current, and complete information and other details that we may reasonably require to provide you with such services offered through the Platform.

The Platform will provide a tracking number for each complete transaction made for you to track in your Payex account. You should monitor all the payments made to you by yourself. You also should be aware that all transactions are not instantaneous and requires days for settlement which will be varied from payment method. Every successful transaction will be charged by a Transaction Fee as set by the Platform.

Payex reserves the right to refund to you the equivalent sum of amount paid by you in the event Payex for any reason is unable to render the delivery service to you through our delivery partners. In such circumstances, Payex offers cash refund to Customers’s bank account. Payex is conferred the right to request documents, including but not limited to the Customer’s Identity Card, for verification purposes during refunding process. Payex has the right to reject a refund request where it reasonably believes that the refund request may be fraudulent, illegal or involves any criminal activity.

You shall remove, or change your Payex account by sending your inquiry email to business@isewaiot.com or contact our administrator.

3.3 Sevice and Availability

We will use our best endeavour to ensure that the Platform and the services are available at all times in accordance to this Agreement.The iSewa is using cloud hosting to run the Platform and will take reasonable measures to keep the Platform and the App uptime at or above 99.9% during the Term of this Agreement.

Notwithstanding the foregoing, we do not warrant that your use of the services available on the Platform will be uninterrupted or error-free or that such services will meet your requirements. We will not be responsible for any losses or damages of any nature arising from any delays and other problems inherent in the use of communication networks and facilities for the transfer of data or use of the services through the Platform. This includes:-

i. termination or suspension of this Agreement or your use of or access to the Platform;

ii. Force Majeure (as defined in Clause 13 hereof);

iii. power outage;

iv. failure of system or network;

v. scheduled or unscheduled maintenance carried out to the Platform and/or the App; and/or

vi. other unanticipated interruptions.

3.4 Upgrade

The iSewa shall have the right to improve and upgrade the Platform to your benefit from time to time and shall promptly notify you of any upgrade that will significantly change the functionality of the Platform.

iSewa does not make any representation, warranty and/or undertaking (whether express, implied or otherwise) that the Platform and any subsequent revisions, updates, upgrades or versions are and would be compatible with your Device/Computer. iSewa shall not be liable or responsible in any manner whatsoever for any liability, loss, damage, costs and expenses suffered and/or incurred by you due to the Platform being incompatible with your Device/Computer.

4.SMART DEVICES

Smart devices are devices integrated in Platform which you have purchased from us or added under behave of administrator. Removing or termination of services of smart devices from the Platform shall be acknowledged by us after sending us an email of termination and administration fee may apply. Transferring devices to our platform from another incurs a fee of RM30 per device, contingent on the circumstances. Similarly, deleting devices from our platform also carries a fee of RM30 per device.

5. FORCE MAJEURE

Without limiting the generality of any provision in these Terms and Conditions, the iSewa shall not be liable or responsible for any non-performance or delay in performance of its obligations herein (including but not limited to the non-availability and/or interruption of the Platform) caused by Force Majeure.

In this Agreement, “Force Majeure” means any condition beyond the reasonable control of iSewa including but not limited to power failures, network failures, server failures, any electronic and technical malfunction, viruses, outages to any public internet backbones, networks or servers, any failures of your equipment, any hacking, system security breaches, systems or local access services, unforeseeable disruptive behaviour by our current or former employees, interruptions in internet services in areas where your servers are located or co-located, governmental action or acts of terrorism, earthquake or other acts of God, labour conditions, strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labour conditions, earthquakes, natural disasters, or interruptions.

6. PAYEX REFUND POLICY

The Platform also values the clients and users to choose our solution and using the services provided. However we cannot guarantee that our services will fully meet the expectations due to variety reasons. There are occurance sometimes whereby our service does not meet the result as promised, hence we suggest that the user might carry on a refund procedure by contact our customer service. You would need to provide the necessary documents such as bank account number, visa card number and etc to where it is needed to the payment gateway company. The payment gateway provider that the Platform is using is Payex. Below are the coverages of the service that can be refund to the equivalent sum of amount paid by you:-

i. Purchase of subsription plan, such as onwer account subsciption package;

ii. Purchase of products such as digital devices from the Platform;

iii. Purchase of electricity or electric meter topup;

We hope you as a user also be informed that the refund policy also bounded by rules and regulations by Payex. Payex has the right to reject a refund request where it believes that the request may be fraudelent and illegal.