By using and accessing EasyReward website and services, you agree to these Terms. When we use the phrase “these Terms”, we are referring to these EasyReward Terms of Service.
If you are using and accessing EasyReward services on behalf of a legal entity, you confirm that you are an authorised representative of that legal entity and you agree to these Terms on behalf of that entity. In this case, “you” or “your” refer to you (the individual representative) or the legal entity.
You are contracting with the service provider – EasyReward.
1.0 About us
1.1 When we use the term “EasyReward”, “we”, “our” or “us”, we are referring to EasyReward Asia Sdn. Bhd. (Company No.: 201101007945 [936084-P]), which is a company established under the laws of Malaysia having its place of business in 1-2-13 & 1-2-13A, Summerskye Square, Jalan Sungai Tiram 8, 11900 Bayan Lepas, Penang, Malaysia.
2.0 Your Consent
By clicking a box indicating acceptance or clicking “create account” or “sign in/login” and installing, downloading, entering, connecting to, accessing and/or merely using EasyReward services, you:
- acknowledge that you have read and understood these Terms and our Privacy Policy;
- represent that you are of legal age to enter into a binding agreement with EasyReward; and
- agree that you are legally bound by these Terms and our Privacy Policy.
3. EasyReward services
3.1 We provide EasyReward services to you subject to these Terms and in accordance with the online EasyReward service order you have placed.
3.2 Our services:
(a) include software application created, developed and owned by EasyReward that allows you to access functions of EasyReward services through mobile device.
(b) are provided on an “as is” and “as available” basis.
(c) may be improved from time to time i.e. we may remove or add functionalities. We will notify you if a major function is removed from EasyReward services.
4.0 Your responsibilities
4.1 We will provide our services to you if you fulfil your responsibilities as follows:
(a) shall at all times comply with these Terms, any specific additional terms and frequently asked questions and answers regarding EasyReward services feature or function;
(b) shall at all times agree to and comply with our policies, including but not limited to our Privacy Policy;
(c) shall at all times comply with, not to violate and not cause EasyReward to violate all applicable laws, including but not limited to Personal Data Protection Act 2010 of Malaysia, the Malaysian Anti-Corruption Commission Act 2009 and the Copyright Act 1987 of Malaysia;
(d) shall not to harm or abuse yourself, your employer, EasyReward’s users or third parties, such as by defaming, bullying, harassing others, misrepresenting facts or impersonation;
(e) shall not to harm, abuse, interfere with, or disrupt EasyReward’s services or EasyReward;
(f) shall not to sell, modify, distribute or license EasyReward’s services without our prior written approval;
(g) shall not to reverse engineer, decompile, disassemble engineer or otherwise attempt to determine the source code for the operation of EasyReward’s services unless we provide written permission to you or you are permitted to do so under applicable law;
(h) shall not to reproduce, display, provide access to, or white-label our services on another website or server without our written permission; and
(i) shall assume all risks arising from your use of any third-party website or resource links contained in EasyReward’s services.
5.0 Accessing EasyReward services
5.1 You can create an EasyReward account in order to use our services by providing true, accurate and complete information about yourself, the legal entity you represent, or both. You must keep the details in your EasyReward account updated on an ongoing basis.
5.2 You must take full responsibility of your EasyReward account.
5.3 You must be eighteen (18) years of age or older or the minimum legal age in your country to use EasyReward services.
5.4 You must treat all user verification code, password of any EasyReward account and other information as part of EasyReward security procedure and shall keep them confidential.
5.5 Your organization administrator may accept your request or invite you to join the organization’s group on EasyReward.
5.6 EasyReward may accept instructions from a person who we reasonably believe is acting with your authority or knowledge.
5.7 Your organization administrator may require you to follow additional rules in using EasyReward services.
6.0 Fees and Payment
6.1 You can purchase a monthly or annual EasyReward service plan in order to access certain function or feature of EasyReward services. In such event, we will charge your credit card in advance before you can access that function or feature of EasyReward services.
6.2 You will pay in full and without deduction all the fees and taxes in in connection with payment of EasyReward plan.
6.3 All fees and taxes will be paid in either U.S. Dollars or Malaysian Ringgit, according to the respective EasyReward service plan.
6.4 Save and except in accordance with Clause 5.6 of these Terms, all fees and taxes paid will not be refunded and cannot be transferred to another EasyReward account.
6.5 Your paid EasyReward service plan will automatically renew for equivalent length of service period on the expiration of the service period and charges will be made on each renewal date unless you cancel the plan in accordance with these Terms.
6.6 You may upgrade an EasyReward service plan to another EasyReward service plan. For example, from a Basic Plan for 20 users to a Pro Plan for 50 users. In such event, we will refund fee you have paid for remainder of your existing EasyReward service plan into your EasyReward account. We will charge your credit card in advance the full amount of upgraded EasyReward service plan before you or additional users are able to access that function or feature of upgraded EasyReward service plan.
6.7 Before expiration of paid EasyReward service plan period, you are not allowed to downgrade a paid EasyReward service plan.
6.8 We will not charge you a cancellation fee for closing your account or cancelling a paid EasyReward service plan.
6.9 EasyReward is not obliged to provide you paid services unless fees due and owing are paid in full.
6.10 We have the right to increase or decrease fee chargeable for EasyReward service plan from time to time, and we will notify you in advance of such changes.
7.0 Term
7.1 EasyReward service plan commences on the start date and will continue throughout the service plan period, unless terminated in accordance with these Terms. The start date and service plan period are stated in your online service order, and will be reflected in the “paid” invoice issued upon your purchase of a paid EasyReward service plan.
7.2 Upon expiration of a free trial EasyReward service plan, we will immediately suspend your access to the paid features of EasyReward service unless you purchase a monthly or annual EasyReward service plan in accordance with these Terms before the trial period ends. You are advised to export your data for paid features before the trial period expires.
8.0 Collection and Use of Your Information
8.1 You acknowledge that when you access and use our website, mobile app or services, we may use automatic means (including, for example, cookies and web beacons) to collect information about your use of our Services. You may also be required to provide certain information about yourself as a condition for accessing and using our website, mobile app or services or certain of its features or functionality. All information we collect through or in connection with our services is subject to our Privacy Policy.
8.2 We will process and may disclose data relating to you, and you consent to the processing and disclosure of such data. You agree to keep us informed of any changes to your personal data at all material times.
9. Your Content
9.1 When we use the term “Your Content”, we are referring to photographs, graphics, personal data, works, documents, messages and other information, data or materials that You have uploaded, stored and posted using EasyReward services.
9.2 You confirm that:
(a) you have the legal right to upload, store, post Your Content;
(b) Your Content is lawful;
(c) Your Content does not infringe third party intellectual property rights;
(d) Your Content is not misleading, fraudulent, obscene, defamatory or harmful to any person or organisation, nor contrary to morality, public interest, public security or prohibited by law; and
(e) you will not upload virus or malicious code, nor will you engage in any activity that disrupts the proper functioning of EasyRewards services.
9.3 The intellectual property rights in Your Content belong to you. By posting, uploading, or submitting Your Content on our website or mobile app, You represent and warrant to us that You have the ownership rights, or You have obtained all necessary licenses or permissions from any relevant parties, to use the data or information in this manner. This includes obtaining the right to grant EasyReward the rights to use Your Content in accordance with these Terms.
9.4 If your intellectual property rights restrict our use of Your Content, you grant EasyReward a non-exclusive, transferable, sublicensable, royalty-free, worldwide, and perpetual license to host, access, use, process, store, copy, display, distribute and make available Your Content, as well as to modify and create derivative works from that content, subject to our Privacy Policy (hereinafter referred to as “License”). The License will be used to operate, improve and promote EasyReward services and develop new functions and services.
9.5 Your Content will be considered non-confidential. EasyReward is not responsible for the accuracy, security, privacy, storage, transmission or communication related to Your Content through our services.
10.0 Third Party Content
10.1 When you use EasyReward services, you may access content submitted by third parties or other users, which we refer to as ‘Third Party Content.’ You assume all risks associated with Third Party Content, especially regarding its quality and reliability. You must obtain consent from the third party for any use of Third Party Content.”
10.2 EasyReward does not control or verify Third Party Content, and is not responsible for accuracy of Third Party Content. Third Party Content also does not represent EasyReward’s views or values.
10.3 If you wish to raise a complain about Third Party Content, please contact your organization’s EasyReward account administrator. Your organisation’s administrator can then escalate the complaint to us by sending an e-mail to support@easywork.asia.
11.0 EasyReward Content
11.1 Our services and website contain content, including but not limited to the intellectual property, that belongs to EasyReward and is made available by EasyReward. This content is referred to as ‘EasyReward Content’, such as the illustrations visible on the dashboard of your EasyReward account and the information published on our website.
11.2 You may use EasyReward Content as permitted by these Terms.
11.3 You must not copy, sell, modify, distribute, reproduce, or license EasyReward Content without our prior written permission.
12. Document in EasyReward Services
12.1 You may create or generate documents using EasyReward services. We grant you worldwide, non-exclusive, royalty-free, non-transferrable and non-sublicensable right to use the documents You create or generate or export using our services solely for your organisation internal purpose. These documents are collectively referred to as “Document”.
12.2 You must not sell, reproduce, distribute or license the Document without our written permission. You must not use the Document for unlawful purposes or for any other legal entity. You assume all the risk associated with the Document, especially risk regarding its quality and reliability.
12.3 The Document shall be considered non-confidential, and EasyReward assumes no responsibility for the accuracy, security, privacy, storage or transmission of the Document.
12.4 We cannot guarantee that the Document will be legally sound or free from liabilities. If you are uncertain about your contractual rights and obligations, you must consult a lawyer. Additionally, we do not guarantee the validity or enforceability of electronic signatures. EasyReward shall not be involved in the agreement between you and other users.
13.0 Publicity
13.1 EasyReward may use your photograph, legal entity name, logo, mark or trademark, as well as your feedback, testimonial or comments regarding EasyReward services, for corporate publicity, marketing and tender submission purposes. This permission remains effective even if you stop using our services or we terminate your access. You can choose to opt-out by notifying EasyReward via e-mail.
13.2 If you intend to use EasyReward’s name, logo, mark or trademark, please refer to EasyReward brand permission page.
14.0 Stop Using or Cancelling Our Services
14.1 Subject to Clause 16, You are free to stop using EasyReward services or cancel any paid service plan at any time by sending an email to support@easywork.asia.
15.0 Suspending or Terminating Your Access
15.1 We reserve the right to immediately suspend or terminate your access to EasyReward services without notice for any of the following reasons:
(a) we reasonably believe that your use of our services breaches these Terms, violates or may cause us to violate applicable laws or may harm EasyReward, our services, your employer, EasyReward user or any third party;
(b) we are required to comply with a legal requirement, regulatory order or court order;
(c) your EasyReward account remains inactive for at least thirty (30) consecutive days;
(d) You enter into a voluntary arrangement with your creditors, or become bankrupt, or become subject to an administration order or go into liquidation (other than for the purposes of merger or restructuring), or if an encumbrancer takes possession, or a receiver is appointed, of any of your property or assets;
(e) EasyReward services are no longer available; or
(f) due to business or operational reasons.
15.2 EasyReward reserves the right to terminate your access to our services without cause by giving you at least thirty (30) days’ prior written notice.
16.0 Effect of Cancelling or Terminating Our Service
16.1 Upon cancellation or termination of EasyReward services:
(a) these Terms will terminate, and any clauses of these Terms which by their nature should survive will remain in effect;
(b) EasyReward may delete your EasyReward account and all Your Content;
(c) fees paid are non-refundable and non-transferable to another EasyReward account; and
(d) we will stop charging your credit card.
17.0 Removing Your Content
17.1 If we reasonably believe that Your Content violates these Terms or applicable laws, or could harm EasyReward, its service, your employer, other EasyReward users or any third party, we reserve the right to remove all or part of Your Content. For instance, a company logo that infringes on another party’s trademark rights or a message that harasses someone else.
18.0 Your feedback
18.1 We value feedback on how we can improve EasyReward services. By providing feedback to us, You agree to waive any rights to claim for fees, royalties, charges or payments related to our use, disclosure, adoption and/ or modification of any of your feedback concerning EasyReward, its services or your use of EasyReward services.
19.0 Liabilities
19.1 You shall indemnify and hold harmless EasyReward against any and all claims, demands or legal proceedings arising out of or relating to: (i) your violation of these Terms; (ii) infringement of copyright, patent or breach of any law or regulation whatsoever arising from or attributable to any material transmitted; (iii) all claims arising out of any act or omission of You or any unauthorised use of the services; (iv) infringement of applicable law; or (v) any misrepresentation. The indemnity covers liabilities, damages, claims, costs (including legal fees and costs), and other related expenses. You also agree to fully cooperate with us in defending or settling any claims related to these Terms or our services.
19.2 EasyReward shall have no liability and will not pay any compensation for:
(a) your infringement of any third party intellectual property;
(b) your breach of confidentiality obligation;
(c) if EasyReward services are not being used in accordance with these Terms;
(c) loss, misuse, modification, unauthorised access or disclosure, alteration or destruction of any data or content by You;
(d) business interruption, loss of profits or revenues, business opportunity, goodwill, or reputation, indirect, special, incidental, punitive, exemplary or consequential loss or damage (including any actions brought by a third party), whether direct or indirect, even if such loss is reasonably foreseeable or one Party has been informed by the other Party of the possibility of the Party incurring the same;
(e) any delay or failure to comply with these Terms or provide our services if the delay or failure arises from (i) scheduled maintenance; or (ii) any event which is beyond EasyReward’s reasonable control, including force majeure event, unavailability of services, system failure due to cyberattacks, technical adjustment or third party problem; or
(f) deletion of any content exceeding storage limit.
19.3 EasyReward’s liability is limited to direct damage caused by EasyReward, and EasyReward is not liable for indirect damage to the fullest extent permitted by law. EasyReward’s liability for direct damages shall be limited to 100% of the subscription fee charged by EasyReward for the six (6) months preceding the first occurrence of an event giving rise to such liability.
19.4 All and any EasyReward services are provided as is and as available and we disclaim all conditions, warranties or representations, express or implied, oral or written, including but not limited to any, any implied warranty of merchantability, fitness for a particular purpose, non-infringement and any warranty arising from course of dealing, course of performance or usage of EasyReward services.
19.5 We do not guarantee that EasyReward services are error-free or will be free from bugs or viruses.
19.6 The obligations in this Clause 17 shall survive the expiry or termination of your service plan.
20.0 Governing Law and Courts
20.1 These Terms, the subject matter and formation and any disputes or claims are governed by law of Malaysia, regardless of conflict of law rules.
20.2 If a dispute arises in connection with these Terms, You and EasyReward agree to negotiate with each other in good faith to attempt to resolve it. In the event an amicable settlement cannot be reached through the negotiation(s), You and EasyReward agree to refer such dispute and submit to the exclusive jurisdiction of the court of Malaysia.
21.0 General Rules about These Terms
21.1 These Terms are the only terms governing your relationship with EasyReward in accessing and using EasyReward services. You are not a partner or agent to EasyReward. These Terms do not create legal rights to any other person or legal entity. No party shall have express or implied authority to bind or represent any other party for any purpose whatsoever.
21.2 In the event any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent such term, condition or provision will to that extent be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
21.3 Although EasyReward does not initiate any action for your breach of any of these Terms, EasyReward has not waived any of its rights and may take action in the future.
21.4 You shall not assign any of your rights under these Terms. However, EasyReward shall have the right to assign our rights under these Terms to any of our affiliates or successor in interest of any business associated with EasyReward services.
21.5 Where our website and/or mobile app contain links to other websites and resources provided by third parties, these links are provided for your information only and are not necessarily checked, approved, or endorsed by us. Your use of linked websites is subject to the privacy policies and terms of use established by those websites. We have no control over, and are not responsible for, the availability of the links, the content of those websites or resources, or their compliance with the law. We accept no responsibility or liability for them or for any loss or damage that may arise from your use of them.
21.6 When using EasyReward services, please be advised that You may also be bound by additional terms and conditions that apply when you use or purchase certain other services or third-party services.
21.7 If you wish to formally send a notice, make any suggestion or raise any concern to EasyReward, please send the notice, suggestion and note to us at support@easywork.asia or the “App Feedback” feature on your account dashboard. If EasyReward wishes to formally send a notice to you, EasyReward will send the notice to your email address or post the notice on our website. Our notices shall be deemed effective upon electronic confirmation; and if delivered via registered mail, notice shall be deemed effective upon confirmation of delivery. You agree that electronic notices and communications satisfy legal requirements of notices and communications sent in writing.
21.8 You cannot dispute that a contract was not legally formed because you used electronic means to accept these Terms or deliver a signature on a Document, or because acceptance of these Terms or any signature on the Document was communicated electronically.
21.9 You shall perform all obligations in compliance with the applicable laws, including but not limited to the Malaysia’s privacy, anti-bribery and anti-corruption law.
21.10 EasyReward may update these Terms on its website from time to time. We encourage you to visit our website in order to keep yourself updated on the terms that apply at that time. By continuing to use EasyReward services, you agree to any updated terms. If you do not agree to the modified terms, you may not continue to use EasyReward services.
Last updated: 12 July 2024