Terms of Service
These Standard Terms of Service shall manage your use/ subscribe of the www.elfoMAP.com platform (“Sites”), as subscribers of our portals administered and managed by Elfo Sdn Bhd (“Elfo” we,” or “us”).
Elfo is all-in-one marketing platform that provides email marketing, automation and online marketing campaign tools and related services known as elfoMAP (“Services”). By using the Services or accessing any content or material that is made available on the Sites or its subscribers through the Services you understand and agree to accept and adhere to the following terms and conditions as stated herein.
Please read the following Terms of Service carefully as they contain important information about the Services provided to you and any fees and charges applicable to the Services. You acknowledge that you have read and understood the Terms of Service, accept these Terms of Service, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Terms of Service or to be bound by them, then you will not been granted the required authorization to access and use the Services including without limitation, any of the various products and other content materials or related services offered by Elfo and its affiliates.
The Terms of Service is a contract between you and Elfo and any special conditions negotiated between Elfo and you shall prevail over these Standard Terms of Service. By clicking “[**]” box, you acknowledge and confirm that you have reached the legal age of majority and expressly indicate that you accept and agree to comply with all of the terms and conditions set forth of the Agreement.
Changes to the Agreements
We reserve the right to change the Terms of Service from time to time along with the Services without notice. You acknowledge and agree that it is your responsibility to review the Terms of Service periodically to familiarize yourself with any modifications. In the event of material changes to the Terms of Service, we will notify you at least 14 days before these new Terms of Service apply to you, by issuing notice accessible through your use of the Services or by email to your registered email account. Please therefore make sure you read any such notice carefully. Your continued use of the Services after such modifications will constitute acknowledgment and agreement of the modified Terms of Service. If you don’t agree with the new Terms of Service, you are free to reject the Agreements by contacting us at [**]; unfortunately, that means you will no longer be able to use the Services.
The Services may begin with creation an account for the Services (“Account”). When creating or updating the Account, you are required to provide us with certain personal information which may include your name, email address, payment information, marketing contents and distribution lists. You are solely responsible for maintaining the confidentiality of login details and all activities that occur within your Account. By creating the Account, you agree to receive marketing or promotional material and other information we may send.
Without limiting any other remedies, we reserve the right, in our sole discretion, to restrict, suspend or terminate your Account and/or your access to all or all parts of the Services at any time, for any reason whatsoever or Elfo suspects that you are failing to comply with the Terms of Service or for any
actual or suspected illegal or improper use of the Services, with or without prior notice, and without liability. We are under no obligation to compensate you for any losses or results related to this.
Upon creation the Account, Elfo offers you a free trial version of the Services for a period of 30 days (“Trial Period”) subject to the Terms of the Service. During the Trial Period, you may up to [**] contact in your distribution list and access to the Services may also be limited in other ways.
On the expiry of the Trial Period, access to the Services will automatically expires, if you have not subscribed your Account to a paid version prior to the expiry of the Trial Period and 60 days after the Trial Period your Account will be permanently disabled.
Subscription & Payment
When you sign up for a subscription plan, you are required to self-select the package posted on the Sites (“Subscription Plan”) based on your anticipated use of the Services. Unless specifically in any special conditions negotiated between Elfo and you, the prices of the Subscription Plan of the Services subscribed shall be paid at the time of subscription. The prices displayed on the Sites are exclusive of all taxes, levies or duties imposed by taxing authorities and you shall be responsible for payment of all such taxes, levies or duties.
If you exceed your selected Subscription Plan usage, you may add-on at any time and will incur additional charges, which shall be paid upfront.
By choosing to subscribe to the Services, you agree to pay us, through our third-party payment all charges at the process then in effect for any use of such Service in accordance with the applicable payment terms. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Once a payment has been made for the Subscription Plan, there will be no refunds or credits for partial use of the Services or early termination or cancellation of the Subscription Plan or other charges that are unauthorized. For downgrading your Subscription Plan, we do not prorate and the Services may cause the loss features of your Account. If you downgrade or cancel the Services, the downgrading or cancellation will take effect on the day after the last day of the current subscription period of such Services. You may contact us for downgrading or cancellation of the Services or any changes to your Account via email to [**].
Pricing of all Services, including but not limited to Subscription Plan’s prices to the Services and add-on charges, are subject to change. Such notice may be provided by posting on the Sites and/or sending you a notification by email.
Use of the Services
- violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
- is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts, or is pornographic;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business, or entity, including Elfo and its employees and agents;
- contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any software or hardware or telecommunications equipment, or that otherwise permit the unauthorized use of a computer or computer network; or
- encourages conduct that would constitute a criminal offense or give rise to civil liability.
We reserve the right to determine what conduct it considers to be in violation of the Terms of Service or otherwise outside the intent or spirit of these Terms of Service. We reserve the right to take action as a result, which may include suspending or terminating your Account and prohibiting you from using the Services in whole or in part.
Third Party Applications
The Services is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that we do not endorse and is not responsible or liable for the behaviour, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
All materials contained on the Services including all content, marks, data, works, software, graphics, text, layouts, information, music, video, images, scripts, designs, button icons, instructions, illustrations, logo, trademarks, look and feel of the Sites and all other intellectual property rights related thereto (“Proprietary Materials”) are owned or controlled by Elfo or affiliated companies, our third party licensors. Except with our consent, you shall not use the Proprietary Materials, in any way whatsoever, other than those provided for herein.
Personal Data of Third Parties
For the purpose of providing the Services, we have access to all information (including but not limited to third party email address and contents of emails) contained in email distribution list created by you in your Account. You are responsible for the processing and transmission of third party’s personal data in with applicable laws in force in your country of residence.
You are responsible for processing the personal data (excluding sensitive data) contained in your email distribution list and your use of such personal data shall comply with all applicable laws and regulations such as Personal Data Protection Act 2010, Malaysia. If you:-
- have an establishment in the European Economic Area (the “EEA”), or
- offer goods or services to data subjects in the EEA, irrespective of whether a payment is required, or
- monitor behaviour of data subjects in the EEA,
you represent and warrant that in using the Service, in particular in creating email distribution list, sending e-mails and collecting personal data, you comply with all personal data protection, privacy, and electronic communication regulations applicable in the EEA and its member states. In particular:-
- that the personal data contained in the files transmitted have been collected and processed in compliance with the applicable regulations;
- that you have informed the data subjects in accordance with the applicable rules;
- where appropriate, that the collection and processing have been consented to by the data subjects;
- that the data subjects shall be allowed to exercise their rights in accordance with the applicable rules;
- that you undertake that the information will be rectified, completed, clarified, updated or deleted if it is inaccurate, incomplete, ambiguous or out of date, or if the data subject wishes to prohibit its collection, use, communication or storage.
It is specified that you are solely responsible for managing the retention periods of personal data that they upload onto the Sites, and that it is incumbent on them to delete the data as and when its retention period expires. We shall be responsible only for deleting this data at the end of your contractual relationship.
In the event of a violation of this clause, you shall be solely responsible for any consequences, and undertakes to guarantee, and if necessary indemnify, us or affiliated companies or our third party licensors.
Warranty and Disclaimer
Although we will endeavour to provide the Services in the best possible way without interruptions, you understand and agree that the Services is provided “as is” and “as available”, without any express or implied warranty, condition or assurance of any kind. This means that we do not represent or warrant to you that:
- the use of the Services will meet your needs or requirements;
- the use of the Services will be uninterrupted, timely, secure or free from errors;
- the information obtained by using the Services will be accurate or reliable; or
- any defects in the operation or functionality of the Services we provide will be repaired or corrected.
You are using the Services at your own risk and for a variety of reasons. This section shall apply to the greatest possible extent permitted under applicable law.
To the fullest extent allowed by applicable law, under no circumstances (including without limitation, tort, contract, strict liability or otherwise) shall we (or our licensors or suppliers) be liable to you or to any other person for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; or (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the Services, third party applications, or third party application
content, regardless of legal theory, without regard to whether we have been made aware of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the Services or third party applications shall not exceed the equivalent of amount paid for the Service for a month period or 30 days immediately preceding date when the event causing such claim occurred, with the exclusion of any add-on fees and additional charges; or (4) any matter beyond our reasonable control.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies as well as any respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including legal fees that arise from your use or misuse of the Service. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
Severability and waiver
Unless as otherwise stated in the Terms of the Service, should any provision of the Terms of the Service be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms of the Service, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by us or any third party beneficiary to enforce the Terms of the Service or any provision thereof shall not waive our or the applicable third party beneficiary’s right to do so.
We may assign and delegate any of our rights and obligations under the Terms of the Service to any individual or entity at our discretion. You may not assign the Terms of the Service or any part of them, nor transfer or sub-license your rights under the Terms of the Service, to any third party.
Governing Law / Jurisdiction
The Terms of the Service are governed by and will be construed under the laws of Malaysia, without regard to the conflicts of law’s provisions thereof. Furthermore, any action to enforce the Terms of the Service shall be brought in the courts located in Malaysia. You hereby agree to the jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
You agree that the Terms of the Service and any additional terms are the complete and exclusive statement of the mutual understanding between you and us, and it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of the Service.