Digital SME - Terms of Use

Welcome to Digital SME!

We are delighted to have you as a visitor and customer. Before you start exploring our online platform and utilizing our services, please take a moment to review the following Terms of Use (“TOU”). These terms outline the legal guidelines and responsibilities that govern your interaction with our website, in accordance with Malaysian law. These terms of use are controlled and managed by SME DIGITAL INNOVATION LABS SDN. BHD. (Registration No. 202301038712 (1532634-M)).

Throughout these TOU, references to "we," "us," or "Digital SME" refer to the operators and administrators of this platform. Similarly, references to "you," "user," or "customer" pertaining to any individual or entity accessing or using our website for any purpose. And references to “Services” refer to any product, service and/or module subscribed/purchased/accessed from our platform online and/or offline.

By accessing / using / subscribing these Services, you acknowledge that you have read, understood, and agreed to comply with these TOU and the Privacy Policy.

Acceptance of Terms

The services that we provide to you are subject to the following TOU. We reserve the right to update and modify the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages. When we make updates to the TOU, we will update the date at the top of this page. By using the website and/or Services after a new version of the TOU has been posted, you agree to the terms of such new version.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Services.

Our Intellectual Property Rights

All content included in or made available through the Services, such as any future updates, upgrades, new versions, text, graphics, logos, icons, images, sounds, music, digital downloads, data compilation, software, and documents is the exclusive property of Digital SME or its content suppliers and is protected by the various applicable trade dress, copyright, trademark, patent, and other intellectual property and unfair competition laws in the Malaysia and internationally. All rights not expressly granted to you in this TOU are reserved and retained by Digital SME or its licensors, suppliers, publishers, rightsholders, or other content providers. Any comments or suggestions you may provide regarding our Services are entirely voluntary and we will be free to use these comments and suggestions at our discretion (including using such comments to improve existing services or create new services) without any payment or other obligation to you.

You may not copy, modify, create derivative works, reverse compile, reverse engineer or extract source codes from our Services and/or platform, and you may not sell, distribute, redistribute or sublicense our Services.

We may from time to time provide updates to our Services. Such updates may occur automatically or manually. Please note that our Services may not operate properly or at all if upgrades or new versions of the supporting software or application (such as browser and any required plug-ins) are not installed by you. We do not guarantee that we will provide any updates if the Services is not supported by your device or system.

Limitation of Liability

In no event shall Digital SME and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the Services.

User Account, Password, and Security

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Digital SME will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Digital SME or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Digital SME server, or the network(s) connected to any Digital SME server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Digital SME server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not attempt to copy or change, alter or otherwise attempt to modify the Services or these TOU.

Subscriptions and Refund

Services within Digital SME are subject to payment (unless explicitly stated otherwise). We may set further terms applying to such payments (including in relation to refund (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to your payments to us for such products or services. You agree that you are solely responsible for all fees and taxes associated with any such payments, and that pricing and availability of Services are subject to change at any time.

If such Services are subject to automatic, recurring or subscription-based charges, then you agree that (subject to applicable laws and regulations):

• Such purchases or payments are generally made by you on an advance basis. Unless the purchase was on a subscription basis, we will notify you after any automatic renewals.
• You authorise us to:
  • Save your chosen payment method's information (e.g. credit card information) on our systems.
  • Bill you via your chosen payment method for the relevant time-periods as chosen by or notified to you.
• If any payment made via your chosen payment method is rejected, denied or returned unpaid for any reason:
  • We may not provide you with, or suspend our provision of, the relevant Services until payment is properly processed.
  • You are liable to us for any fees, costs, expenses or other amounts we incur arising from such rejection, denial or return (and we may automatically charge you for such amounts).
• We will provide you with further instructions within Digital SME regarding how you may update or cancel the relevant payment method and/or subscription.

We may change any fees that we charge for our Services at any time upon publication within Digital SME. If you do not accept such change to the fees, we may be unable to provide the Services to you.

Subject to mandatory applicable laws and regulations or as otherwise specified by us in these TOU for a particular Services within Digital SME, in no circumstances will we be required to provide a refund for any payments made by you to us in relation to any Services within Digital SME (whether used or unused).

If you believe that we have charged you in error, and subject to applicable laws and regulations:

1. You must contact us within 30 calendar days of the date of the relevant charge; and
2. No refunds will be given for any erroneous charges after such 30 calendar days period. We may process payments from you in Digital SME via a third parties service, and we may provide your relevant information to such third parties to process your payments. You agree to comply with that relevant third party's terms and conditions in relation to the payment processing service.

Your Content

When you submit, upload, transmit or display any data, information, media or other content in connection with your use of Digital SME and its’ Services, you understand and agree that:

• You will continue to own and be responsible for your content.
• You will not upload harmful or sensitive content that infringe or violate any applicable law, regulations or the rights of any person. We may refuse or remove any harmful content.
• We will not sell your content to any third party.
• You are giving us and our affiliate companies a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use your content (with no fees or charges payable by us to you) for the purposes of providing, promoting, developing and trying to improve Digital SME and our Services, including new services that we may provide in the future. All such use will, to the extent your content contains Personal Information, be in accordance with our Privacy Policy. As part of this licensing, we and our affiliate companies may, subject to our Privacy Policy, 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.
• We may share your content with third parties that we work with to help provide, promote, develop and improve Digital SME in accordance with our Privacy Policy. In addition, you agree that we and our affiliate companies (subject to these TOU, our Privacy Policy and applicable laws and regulations):
• Are allowed to retain and continue to use your content after you stop using Digital SME.
• May be required to retain or disclose your content:
  • To comply with applicable laws or regulations.
  • To comply with a court order, subpoena or other legal process.
  • To respond to a lawful request by a government authority, law enforcement agency or similar body.
  • Where we believe it is reasonably necessary to comply with applicable laws or regulations, in each case including (where applicable) orders, requests and other legal processes issued or made pursuant to mutual legal assistance treaty or similar lawful means.
• May be required to retain or disclose your content in order to enforce these TOU or to protect any rights, property or safety of ours, our affiliate companies or other users of Digital SME.