Pantas Software Sdn Bhd Terms of Service
Thank you for selecting the Services offered by Pantas Software and/or its subsidiaries and affiliates (referred to as "Pantas Software", "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and Pantas Software. By clicking “I Agree,” indicating acceptance electronically, or by, installing, accessing or using the Services, you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Services.
This Agreement describes the terms governing your use of the Pantas Software Services. It includes by reference:
- Pantas Software's Privacy Statement (Click here)
- Additional terms and conditions, which may include those from third parties.
- Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, data processing agreements, etc.
You must be at least 18 years of age to use our Services. By accessing or using our Services you agree that:
- You can form a binding contract with Pantas Software;
- You are not a person who is prohibited from receiving the Services under the laws of Malaysia, or any other applicable jurisdiction; and
- You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, including import and export regulations.
2. YOUR RIGHTS TO USE THE SERVICES
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Pantas Software. Pantas Software reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable obligations and comply with this Agreement, Pantas Software grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
- Provide access to or give any part of the Services to any third party.
- Reproduce, modify, copy, sell, trade, lease, rent or resell the Services.
- Decompile, disassemble, or reverse engineer the Services.
- Make the Services available on any file-sharing or application hosting service.
Unless specified otherwise, it is free to use the Services offered by Pantas Software.
For Services offered on a payment or subscription basis, the following terms apply, unless Pantas Software or its third-party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
- Payments will be billed to you in Malaysian Ringgit (plus any and all applicable taxes, including without limitation VAT, GST and SST), as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
- You must pay with one of the following:
- A valid credit card acceptable to Pantas Software;
- A valid debit card acceptable to Pantas Software;
- Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
- By another payment option Pantas Software provides to you in writing.
- If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
- If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
- Pantas Software will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription is cancelled or terminated under this Agreement.
- Additional cancellation or renewal terms may be provided to you on the website for the Services.
4. USE WITH YOUR MOBILE DEVICE
Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
PANTAS SOFTWARE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
- THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
- ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
- ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
5. DATA PROCESSING AND PRIVACY
Data Processing and Privacy. (a) Pantas Software is the controller of the personal information it processes about you when you use the Services and (b) You acknowledge that Pantas Software will process your personal information as described in our Privacy Statement (Click here) when you use our Services.
6. CONTENT AND USE OF THE SERVICES
6.1 Responsibility for Content and Use of the Services.
- Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services ("Content"), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant Pantas Software a worldwide, royalty-free, non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Pantas Software is not responsible for any of your Content that you submit through the Services.
- You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
- Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages "flaming" others or criminal or civil liability under any local, state, federal or foreign law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual's privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
- Except as permitted by Pantas Software in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
- Virus, Trojan horse, worm or other disruptive or harmful software or data; and
- Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.
6.2 Restricted Use of the Services.
- You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of Pantas Software or could subject Pantas Software to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others' use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in Pantas Software's opinion, is prohibited under this Agreement; (v) any other activity that places Pantas Software in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of an Pantas Software system or network or to breach Pantas Software's security or authentication measures, whether by passive or intrusive techniques. Pantas Software reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.
6.3 Community forums.
The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Pantas Software does not support and is not responsible for the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Pantas Software is not responsible.
6.4 Pantas Software may freely use feedback you provide.
You agree that Pantas Software may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Pantas Software a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Pantas Software in any way.
6.5 Pantas Software may monitor content.
Pantas Software may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect Pantas Software or its customers, or operate the Services properly. Pantas Software, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7. ADDITIONAL TERMS
7.1 Pantas Software does not give professional advice.
Unless specifically included with the Services, Pantas Software is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2 We may tell you about other Pantas Software Services.
You may be offered other services, products, or promotions by Pantas Software ("Pantas Software Services"). Additional terms and conditions and fees may apply. With some Pantas Software Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet.
Pantas Software may be required by law to send you communications about the Services or third-party products. You agree that Pantas Software may send these communications to you via email or by posting them on our websites
7.4 You will manage your passwords and accept updates.
You are responsible for securely managing your password(s) for the Services and to contact Pantas Software if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
8. DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PANTAS SOFTWARE, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. PANTAS SOFTWARE AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 30 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 PANTAS SOFTWARE, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
9. LIMITATION OF LIABILITY AND INDEMNITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF PANTAS SOFTWARE, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, PANTAS SOFTWARE, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET PANTAS SOFTWARE SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF PANTAS SOFTWARE AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF PANTAS SOFTWARE, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold Pantas Software and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Pantas Software reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Pantas Software in the defense of any Claims.
We reserve the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Services or on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.
Pantas Software may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable Pantas Software policy, if you no longer agree to receive electronic communications, or if your use of the Services conflicts with Pantas Software's interests or those of another user of the Services. Upon Pantas Software notice that your use of the Services has been terminated you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Pantas Software's rights to any payments due to it. Pantas Software may terminate a free account at any time. Sections 2.2, 3 through 14 will survive and remain in effect even if the Agreement is terminated.
12. GOVERNING LAW AND JURISDICTION
This Agreement will be governed by the laws of Malaysia, without regard to its conflicts of law principles. Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of Pantas Software's or its Suppliers' intellectual property rights may cause Pantas Software irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that Pantas Software shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect Pantas Software's rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of Malaysia and you agree that you will procure that any third party making a claim against Pantas Software arising out of this Agreement shall bring such claim exclusively in the Malaysia courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.
Pantas Software does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. Pantas Software prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
This Agreement, including the Additional Terms below, is the entire agreement between you and Pantas Software regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer this Agreement to anyone without written approval of Pantas Software. However, Pantas Software may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by Pantas Software or (c) a successor by merger. Any assignment in violation of this Section shall be void.
ADDITIONAL TERMS AND CONDITIONS FOR THE SERVICES
Your use of the Services provided by Pantas Software are subject to the general Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below. To the extent of any conflict or inconsistency with the general Terms of Service above, these Additional Terms and Conditions shall prevail.
Pantas Software Supplemental Agreement and Terms of Service
Thank you for selecting Pantas Climate Solutions (“Pantas Service”). This license agreement in addition to the Pantas Software Terms of Service (the “Agreement”) is a legal agreement between the User, a single legal entity identified in the registration process provided as part of the start-up process (“User”, “you”), and Pantas Software Inc. and/or its subsidiaries and affiliates (“Pantas Software,” “we”, “our” or “us”).
By selecting “ACCEPT,” You indicate that you have read and understood, and assent to be bound by, the terms of this Agreement. If the person selecting “ACCEPT” is an individual working for you (“Agent”), such person is agreeing to the terms and conditions of this Agreement on behalf of you and represents and warrants to Pantas Software that he/she has full power and authority to enter into this Agreement on your behalf.
If you do not agree to the terms of the Agreement, you are not granted any rights whatsoever in the Services. If you are not willing to be bound by these terms and conditions, you should not select “ACCEPT,” and may not access or otherwise use the Pantas Service.
Each of the following products and services are referred to in this Agreement as a “Service” and together as the “Services”:
- 1.1 Pantas Climate Solutions. Pantas Climate Solutions is an online solution that provides companies with customised end-to-end carbon management software to measure, manage, and report carbon emissions. Pantas also enables financial institutions and investors to effectively conduct climate due diligence and manage climate investment risk.
- 1.2 Modification to Services. We have the right, in our sole discretion, to revise, update, or otherwise modify the Services or alter your access to the Services; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the website hosting the Services or to the Administrator's (as defined below) email address. Note that we may modify the amount of storage space you have through the Services and the number of times (and the maximum duration for which) you may access the Services in a given period of time. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Services immediately, and to provide the Administrator with electronic or written notice within thirty (30) days after any material modifications. You may reject any changes to the Services by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes.
2. SUBSCRIPTIONS AND USERS
The Pantas Service is free unless specified otherwise. Pantas Software might offer a paid version with additional services, features and supports (“Pantas Premium Service”) that is licensed on a monthly or yearly subscription basis, as selected by you or your agent as the user.
3. FREE VERSION AND BETA FEATURES
If you registered for a free use of the Pantas Service, you can decide to purchase a license to the Pantas Premium Service when it is available.
From time to time, Pantas Software may, at its sole discretion, include new and/or updated beta features (“Beta Features”) in the Pantas Service for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and Pantas Software is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
4. PERMITTED DISCLOSURES AND USE OF DATA
You acknowledge and agree that in order to provide you with access to and use of the Pantas Service, Pantas Software may provide your access information and account data to (i) your employee or agent who is identified in the registration data as the current system administrator for your account (the “Current Administrator”), and (ii) such other employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by Pantas Software to effectuate such replacement. Any other person You identified as an authorized user of the Pantas Service will have access to the account data subject to the access permissions you or the system administrator assigned to them.
5. PERSONAL INFORMATION
5.1 Personal Information. You represent and warrant to us that:
- 5.1.1 You will provide appropriate notice and have obtained (or will obtain) all consents and rights necessary for us to Process the Personal Information in accordance with this Agreement and our Privacy Statement (Click here);
- 5.1.2 If you are providing Personal Information to us that is not personal to you, you agree that you have either provided the data subject notice or received permission from the data subject and have the appropriate legal basis, as required by applicable law, for us to: (a) use, and/or disclose the personal information in accordance with our Privacy Statement, (b) move the data outside of the country of residence of such owner of the personal data, if applicable, pursuant to our Privacy Statement, (c) provide the Personal Information to Third Party Products that you approve, and (d) otherwise use and disclose the personal information in accordance with this Agreement; and
- 5.1.3 If there is any discrepancy between this Agreement and the Pantas Software Privacy Statement with respect the collection, use, and/or disclosure of the personal information, the Privacy Statement will control. You further acknowledge and agree that Pantas Software may provide data in your account to any Additional Users to which that data is applicable or personal to.
5.2 Public Content.
As a User you may have the opportunity to share your data, Content, or ways in which you aggregate data (“Account Content”) with other Users, other Pantas Software customers, and other third parties. When sharing any Account Content, you agree not to share any confidential information. If you have the option of accessing another User's Account Content, you understand and agree that the Account Content is being provided by the User, and not Pantas Software, for information and guidance purposes only, and Pantas Software and such User are not responsible in any way for your use the Account Content.
5.3 Telephone numbers.
You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that Pantas Software may use your telephone number for "multi-factor authentication” (“MFA"), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve Pantas Software sending text messages containing security codes to your telephone number. You agree to receive these texts from Pantas Software containing security codes as part of the MFA process. In addition, you agree that Pantas Software may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services. Additionally, Pantas Software may use your telephone number to contact you about special offers or other Pantas Software or third-party products or services unless you opt out of such marketing. With MFA, you also agree and consent to us obtaining and using information from your mobile phone service provider, solely for the purposes of verifying your identity and to compare information you have provided to Pantas Software (such information may include from your mobile phone service provider account record: your name, address, email, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other mobile phone subscriber details).
6. ACCESS TO YOUR FINANCIAL INSTITUTION SERVICES DATA
6.1. General. In connection with your use of the Pantas Service and as part of the functionality of certain versions of the Pantas Service, you may wish to have access to your online account(s) and financial information, including your account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your financial institution(s) (collectively, your “FI Login Data”) and the data made available by your financial institutions(s) with such data, which may include bank balances, transaction activity, credit card charges, debits and deposits, and any messages or notices between you and the financial institution(s) (“FI Account Data”). The Pantas Service is designed to allow you to access and download your FI Account Data, to allow Pantas Software to access your financial institution account(s) using your FI Login Data, to allow Pantas Software to download and use your FI Account Data, and to allow Pantas Software to aggregate and combine your FI Account Data with other data. If you lose or forget your user name or password, it will be necessary for you to return to the appropriate financial institution if you have any problems with respect to that user name or password.
You acknowledge and agree that except as set forth this Agreement, Pantas Software has no control over your FI Login Data and no control over the access to your FI Account Data, does not guarantee that you will be able to use the Pantas Service with your financial institution(s), and will have no liability whatsoever for any actions or inactions on the part of the financial institution(s) resulting in your inability to use the Pantas Service to access your accounts, obtain data, download transactions, or otherwise use or access your FI Account Data.
6.2 Collection of FI Login Data and FI Account Data.
By agreeing to these terms and conditions, you:
- 6.2.1 acknowledge that in accessing your financial institution account(s) through the Pantas Service, your FI Login Data and FI Account Data may be collected, converted, stored in encrypted form and used by Pantas Software for the purpose of providing the Pantas Service;
- 6.2.2 authorize Pantas Software to (i) collect and store in encrypted form your FI Login Data, (ii) access the financial institution(s)' websites using your FI Login Data, from time to time; (iii) download and store your FI Account Data; (iv) reformat and manipulate your FI Account Data; (v) create and provide hypertext links to your financial institution(s) FI Account Data; (vi) enhance the type of data and services we can provide to you in the future, and (vii) take such other actions as are reasonably necessary to perform the actions described in this Agreement as it relates to your use of Pantas Service;
- 6.2.3 hereby represent that the financial institution(s)' account(s) and FI Login Data belong to you, you have the right to use the FI Login Data and FI Account Data as set out above and that you have the authority to appoint, and hereby expressly do appoint, Pantas Software as your agent with all necessary power and authority to use your FI Login Data and to access and retrieve your FI Account Data, as described above, on your behalf;
- 6.2.4 acknowledge that Pantas Software does not review your FI Account Data and agree that Pantas Software is not responsible for its completeness or accuracy;
- 6.2.5 acknowledge that any transactions or informational activities performed at any financial institution(s)' website are not made through the Pantas Service and Pantas Software assumes no responsibility for any such transactions or activities; and
- 6.2.6 acknowledge that you are solely responsible for any charges, fees or costs associated with your financial institution account(s) when accessed through the Pantas Service by you or by Pantas Software.
6.3. Information from Financial Institutions' Websites.
You acknowledge that (i) some financial institution(s) may not permit Pantas Software or other third parties to have access to FI Login Data or to allow the Pantas Service to access your FI Account Data; (ii) financial institution(s) may make changes to their websites, with or without notice to you or Pantas Software, that may affect the overall performance of the Pantas Service and prevent or delay aggregation of data from such websites; and (iii) the Pantas Service refreshes your Pantas Service account data by collecting the FI Account Data automatically or manually (depending on your financial institution(s) or any changes by you that may require an update), so your most recent transactions may not always be reflected in the account balances or other account information presented to you by Pantas Software through the Pantas Service. If you see a discrepancy in your Pantas Service account data as compared to your FI Account Data, and in any case before making any transactions or decisions based on such account data presented in the Pantas Service, you should check the last refresh date for your financial institution account(s) and confirm the accuracy of the Pantas Service account data against your FI Account Data and manually update such data as necessary.
7. ONLINE DATA TRANSFER
8. PANTAS SERVICE USE, STORAGE AND ACCESS
Pantas Software shall have the right, in its sole discretion and with reasonable notice posted on the Pantas Service site and/or sent to you at the Current Administrator's email address provided in the Registration Data, to revise, update, or otherwise modify the Pantas Service and establish or change limits concerning use of the Pantas Service, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the Pantas Service at any time, and (ii) the number of times (and the maximum duration for which) you may access the Pantas Service in a given period of time. Pantas Software reserves the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within sixty (60) days after such change. You may reject changes by discontinuing use of the Pantas Service to which such changes relate. Your continued use of the Pantas Service will constitute your acceptance of and agreement to such changes. Pantas Software may, from time to time, perform maintenance upon the Pantas Service resulting in interrupted service, delays or errors in the Pantas Service. Pantas Software will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
Upon cancellation of the Pantas Service (free version), you will not have any access to the Pantas Service. Please follow product instructions to cancel your account.
Upon cancellation of the Pantas Premium Service, you will be able to access the Pantas Service only through the end of the subscription term, as specified in the product or product program pages. After the subscription term ends, you will not have any access to the Pantas Premium Service. There are no refunds upon cancellation. Please follow product instructions to cancel your account.
10. SOCIAL MEDIA SITES
11. THIRD PARTY PRODUCTS AND SERVICES
Pantas Software may tell you about third party products or services, including via the Service. Pantas Software may offer products and services on behalf of third parties who are not affiliated with Pantas Software (“Third Party Products”) and/or provide access or links to third party websites ("Third Party Sites"). If you decide to use any Third Party Products or access any Third Party Sites, you are solely responsible for your selection, review of separate product terms, website terms and privacy policies. Pantas Software is not affiliated with these Third Party Products or Third Party Sites and does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website or associated with Pantas Software in any way. You agree that the third parties, and not Pantas Software, are solely responsible for the Third Party Product's performance (including technical support), the content on their websites and their use or disclosure of your data. Pantas Software will not be liable for any damages, claims or liabilities arising from the third parties, Third Party Products or Third Party Sites.
You agree that you will (i) comply with all applicable laws, regulation and ordinances; (ii) not use the Third Party Products in any manner that would infringe or violate the rights of Pantas Software or any other party; and (iii) not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.
12. APPLE REQUIREMENTS
If you downloaded the Software from the Mac App Store, the following terms also apply to you:
- Acknowledgement: You acknowledge that this Agreement is between you and Pantas Software only, and not with Apple, and Pantas Software, not Apple, is solely responsible for the Software and the content thereof.
- Scope of License: The license granted to you for the Software is a limited, non-transferable license to use the Software on Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
- Maintenance and Support: Pantas Software and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
- Warranty: Pantas Software is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Pantas Software's sole responsibility.
- Product Claims: Pantas Software, not Apple, is responsible for addressing any user or third party claims relating to the Software or the user's possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party's intellectual property rights, Pantas Software, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Contact Info: Direct any questions, complaints or claims to:
Pantas Software Sdn Bhd
A-12-5 Vertical Business Suites
8 Jalan Kerinchi
Bangsar South, 59200 Kuala Lumpur
- Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Software.
- Third Party Beneficiary: You acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
13. GOVERNING LAW AND JURISDICTION
The validity, construction and performance of this Agreement will be governed by and construed in accordance with the laws of Malaysia. Any dispute, controversy or claim arising out of or relating to this Agreement or breach thereof, shall be settled by arbitration in accordance with the Asian International Arbitration Centre (“AIAC”) Arbitration Rules. The place of arbitration shall be in Kuala Lumpur, Malaysia, and all proceedings, including required notices and requests to the Parties shall be in conducted in the English language. Each Party may select its own counsel to participate on its behalf. The award by the arbitrator shall be final and binding on the Parties, and each Party hereby waives to the fullest extent permitted by law any right it may otherwise have under the laws of any jurisdiction to any form of appeal. Each Party will be responsible for its own costs of arbitration.