Welcome to Score100!

The most trusted academic diagnostic platform in Malaysia.

This Agreement (“Agreement”) is a legal contract between the Customer as an individual or an entity (the “Customer”) and Densai Sdn Bhd T/A score100.my (the “Company”) and will be effective when the Customer accepts this Agreement.

Densai Sdn Bhd reserves the right to change this Agreement at any time at its absolute discretion without prior notice to the Customer, and such changes will be made available on the Website and/or the Apps. Such changes will be binding on the Customer, and it is the Customer’s obligation to ensure that they have read and agree to the most recent Agreement.

 

DEFINITIONS

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

“Company” (referred to as either “Densai”, “Score100”, “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Densai Sdn Bhd (T/A score100.my), a business registered in Malaysia (Registration Number: 1320877-A) whose registered office is No 8, One Square, Tingkat Mahsuri 1, Bayan Baru, 11950, Penang Malaysia.

“Customer” (referred to as either “You” or “the User” in this Agreement) means you and includes your employees, consultants, representatives, agents and any other users that you grant access to the Software or use the Service, as applicable.

“Data” means any data inputted by the Customer into the Software.

“Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.

“Mobile Apps” (referred to as either “Apps” in this Agreement) refers to the Score100 app (developed by Kedios Berhad) which is available for download on Google Play Store and Apple App Store.

“Service” refers to the services and functionality we provide, both online and offline across our Website and Mobile Apps.

“Software” means the software, images, written material, databases, or other material available via the Website and Mobile Apps, which may be changed from time to time.

“Subscription Fee” means the fee payable by the Customer to Densai as detailed on the Website and/or the Apps from time to time.

“Terms of Service” (referred to as either “Terms” or “Terms and Conditions” in this Agreement) means the contents that form the entire agreement between you and the Company regarding the use of the Service.

“Website” refers to the internet site at the domain https://manage.score100.my and the marketing website www.score100.my

 

ACKNOWLEDGEMENT

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the Service.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of your personal information when you use the Service and tells you about your privacy rights. Please read Our Privacy Policy carefully before using Our Service.

1. Effective Date

This Agreement shall commence when the Customer accepts the Terms and Conditions of this Agreement (the “Effective Date”).

2.Use of Software

Subject to the Terms and Conditions of this Agreement, Densai hereby grants to the Customer a limited, non-transferable, non-exclusive right to access and use the Software via the Website and Apps.

Densai reserves the right, at its sole discretion, to refuse an application to use the Software. This may be due to technical constraints because the Customer or the Customer’s business has been banned by Densai from using the Software, Website, Apps or for any other reason. No charge will be made by Densai to the Customer for refused applications.

3.Proprietary Rights

Densai retains all right, title and interest in and to the Software, the Website and the Apps, including without limitation all intellectual property rights therein. The Customer shall keep the Software, the Website and the Apps free of all security interests, liens, or other encumbrances and the Customer may not sell, lease, license, loan or otherwise transfer or dispose of any of the Software, the Website or the Apps.

Densai will be the sole owner of any improvements or enhancements it makes to the Software, Website or the Apps, even if such improvements or enhancements are based on feedback provided by the Customer, and the Customer hereby assigns to Densai all rights and title to such improvements or enhancements and will execute all documents necessary to affect such ownership.

4.Usage Restrictions

As a condition of this Agreement, the Customer agrees:

i. not to make any copies of the Software;

ii. not to use the Software or Confidential Information for any purpose not specified in this Agreement;

iii. not to decompile, reverse engineer, disassemble or otherwise attempt to reconstruct or discover the source code of the Software save in so far as the law allows;

iv. not to alter, merge, modify, translate, adapt, or prepare any derivative work based upon the Software;

v. not to sell, rent, lease, network, loan, sublicense, assign, disclose, distribute, or otherwise transfer the Software.

vi. not to make any attempt to undermine the security or integrity of Densai Accounts’s computing systems or networks;

vii. not to use, or misuse, the Software in any way which may impair the functionality of the Software, Website or Apps, or impair the ability of any other users to use the Software, Website or Apps.

5.Partner Programme

Notwithstanding any other provision of this Agreement where the Customer joins Densai’s “Partner Programme” the Customer may market the Software to its customers and contacts and the Customer will pay Densai the Subscription Fee for each client of the Customer to whom the Software is made available.  The Customer may, if they choose, invoice their own client for the use of the Software.

6. Ownership of data

Title to and ownership of the Data remains with the Customer. However, the Customer’s access to the Data is contingent on full payment of the Subscription Fee. The Customer must maintain copies of all Data inputted into the Software and Densai is not liable for any loss of such data howsoever arising.

7. Free trial

The Customer has the option of a free trial of the Software before paying the Subscription Fee. Densai gives the Customer this option so that the Customer has an opportunity to fully evaluate the Software before buying. The Customer may cancel the subscription at any time during the trial period and will owe Densai nothing.

8. Payment 

Once the Customer’s free trial has expired, or at an earlier date if the Customer elects, the Customer will be required to pay the Subscription Fee to DENSAI to continue to access the Software. Unless otherwise stated, the Subscription Fee is exclusive of VAT (Value-Added Tax).

By subscribing to the Software, the Customer authorises DENSAI to charge the Customer’s credit/debit card on a periodical basis. The first Subscription Fee payment shall be made on the Effective Date and each subsequent payment shall be made on the same day of each subsequent month.

i. Out-of-pocket expenses incurred in connection with the engagement will be charged to you.

ii. The consideration payable for any supply made or to be made under this Agreement is exclusive of any Value-Added Tax (“VAT”). If VAT is payable on any supply made or to be made under this Agreement, you agree that the consideration payable for any such supply shall be increased by an amount equal to the amount of VAT payable by DENSAI in respect of that supply.

iii. Accounts are to be paid within 7 days of the billing date. If they are not paid by this date, your account may be suspended. To reactivate the account, certain sum of handling fee may be charge.

iv. If we are required (pursuant to any order, subpoena, directive or other legal or regulatory process) to produce documents and/or information, answer enquiries, attend court or meetings or deal with any similar requests in relation to the Services for, or by, any judicial, regulatory, administrative or similar body or entity (including without limitation, any foreign regulator or similar), you shall reimburse us at standard billing rates for our professional time and expenses, including reasonable legal fees, incurred in dealing with those matters.

9. Termination

The Customer can cancel the Subscription at any time for any reason. After the Subscription is cancelled no further payments will be taken by Densai and this Agreement will be automatically terminated.

If the Customer fails to abide by the Terms and Conditions of this Agreement, or if the Subscription Fees are not paid on time, Densai reserves the right to terminate this Agreement. Densai also reserves the right to permanently terminate this Agreement (including during any ‘Free trial’ or ‘Beta trial’ period) without cause by giving one month notice to the Customer at any time.

Upon termination of this Agreement, whether with or without cause and howsoever arising, DENSAI will immediately suspend and/or permanently terminate the Customer’s use of and access to the Software, the Website and the Apps.

Under no circumstances will DENSAI make any full or partial refunds of any Subscription Fees already paid by the Customer.

DENSAI may permanently delete the Customer’s Data 90 days after this Agreement has been terminated or upon DENSAI’s receipt of the Customer’s written request.

10. Support

Any support, whether it be telephonic, electronic or other, is provided at Densai’s sole discretion.

11. Communication Conditions

If the Customer uses any communication tools available through the Website or Apps (such as any forum, chat room or message centre), the Customer agrees to only use such communication tools for lawful and legitimate purposes. The Customer must not use any such communication tool for posting or disseminating any material unrelated to the use of the Software including (but not limited to): offers of goods or services for sale or other commercial marketing, files that may damage any other person’s computing devices or software, content that may be offensive to any of Densai’s other users or material in violation of any law (including, without limitation, material which is protected by copyright, material which is confidential, material which compromises trade secrets which the Customer does not have the right to use and disclose or material which is libelous).
When the Customer makes any communication on the Website or Apps, the Customer represents that the Customer owns the intellectual property rights in the material in that communication or has a right to reproduce it. Densai is under no obligation to ensure that the communications on the Website or Apps are legitimate or that they are related only to the use of the Software. As with any other web-based forum, the Customer must exercise caution when using the communication tools available on the Website and Apps.
Densai reserves the right to remove any communication at any time in its sole discretion.

12. Confidentiality 

“Confidential Information” includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including, without limitation, the Software but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party. Unless the relevant party has the prior written consent of the other or unless required to do so by law, each party will preserve the confidentiality of all confidential information of the other obtained in connection with this Agreement. Neither party will, without the prior written consent of the other, disclose or make any confidential information available to any person, or use the same for its own benefit, other than as contemplated by this Agreement. The provisions of this clause shall survive termination of this Agreement.

13. Privacy

Densai’s Privacy Policy, which is available at https://www.score100.my/privacy forms part of this agreement.

14. Login details and password

The Customer will ensure that all login details, usernames and passwords required to access the Software are kept secure and confidential. The Customer will immediately notify Densai of any unauthorised use of passwords or any other breach of security.

15. Software, Website and Apps availability

Among other things, the operation and availability of the systems used for accessing the Software, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Software. Densai Accounts is not in any way responsible for any such interference nor prevention of the Customer’s access nor use of the Software.

Densai will not be liable in any manner if the Software, Website and/or Apps is not available at any time or for any period for any reason.

If for any reason Densai has to interrupt the Software, Website and/or Apps for longer period than Densai would normally expect, Densai will use reasonable endeavors to publish in advance details of such activities on the Website, Apps and/or via email in advance.

16. Acknowledgements by Customer

The Customer acknowledges that:

i. the Customer shall only use the Software for the Customer’s lawful internal business purposes, in accordance with the Terms and Conditions of this Agreement and any notice sent by DENSAI or condition posted on the Website and/or Apps;

ii. the Customer is authorised to use the Software, Website and the Apps and to access the information that the Customer accesses using the Software, the Website and the Apps (whether that information is the Customer’s own or that of anyone else);

iii. if the Customer is using the Software and accessing the Website or Apps on behalf of or for the benefit of an organisation (whether a body corporate or not) then Densai will assume that the Customer has the right to do so and that organisation will be liable for the Customer’s actions or omissions (including any breach of the Terms and Conditions of this Agreement);

iv. the provision of, access to, and use of, the Software is on an “as is, where is” basis and at the Customer’s own risk;

v. it is the Customer’s sole responsibility to determine that the Software meets the needs of the Customer.

 

17. Limitation of Liability

Densai gives no warranty about the Software, the Website or the Apps, and does not warrant that the Software, the Website or the Apps will be error-free, timely, reliable, entirely secure, virus-free, available or that it will be suitable for the Customer’s purposes or requirements to the maximum extent permitted by law.

To the maximum extent permitted by law, Densai excludes all liability and responsibility to the Customer whether arising from negligence, breach of contract or otherwise for any incidental, special, indirect, exemplary, consequential or any other damages relating to the use of or inability to use or reliance on the Software, the Website or the Apps.
Densai does not make any guarantees that there will be no loss of Data, and this Agreement expressly excludes any liability for any loss of Data no matter how caused. Where Densai is not legally entitled to exclude its liability, Densai’s total liability for any damage relating to the Customer’s use of or inability to use the Software, the Website or the Apps shall not exceed an amount equal to the Subscription Fees which the Customer has paid to Densai in the previous month.

Nothing in these terms however will exclude or limit Densai’s liability for death or personal injury caused by its negligence nor for fraudulent misrepresentation.

18. Indemnity 

The Customer agrees to fully indemnify and hold Densai harmless against all claims, costs, damage and loss arising from the Customer’s breach of any of these Terms and Conditions or any obligation the Customer may have to Densai, including (but not limited to) any costs relating to the recovery of any Subscription Fees that have not been paid by the Customer and third party claims arising from infringement of intellectual or other third party rights arising from material posted by the Customer on the Website and/or the Apps.

19. Jurisdiction

The Terms and Conditions of this Agreement are governed by the laws of Malaysia and the Customer hereby submits to the exclusive jurisdiction of the courts of Malaysia for all disputes arising out of or in connection with Terms and Conditions of this Agreement, without reference to any conflicts of laws.

20. Rights of Third Parties

A person who is not a party to the Terms and Conditions of this Agreement has no right to benefit under or to enforce any term of these Terms and Conditions

21. Assignment or transfer

The Customer may not assign this Agreement nor transfer any of the rights, duties, or obligations arising under this Agreement, whether by merger, operation of law, or otherwise, without the prior written consent of Densai.

22. Waiver 

No waiver will be implied from conduct or failure to enforce rights, and no waiver will be effective unless in a writing signed on behalf of the party against whom the waiver is asserted. If any part of this Agreement is found invalid or unenforceable, that part will be enforced to the maximum extent permitted by law and the remainder of this Agreement will remain in full force.

23. Severability

If any part or provision of the Terms and Conditions of this Agreement is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

24. Intellectual Property

General: Title to, and all Intellectual Property Rights in the Services, the Website, the Apps and any documentation relating to the Services remain the property of Densai (or its licensors).

Ownership of Data: Title to, and all Intellectual Property Rights in, the Data remain your property. However, your access to the Data is contingent on full payment of the Densai Subscription Fee when due. You grant Densai a license to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling you to access and use the Services and for any other purpose related to provision of services to you.
Backup of Data: You must maintain copies of all Data inputted into the Service. Densai adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Densai expressly excludes liability for any loss of Data no matter how caused.
Third-party applications and your Data. If you enable third-party applications for use in conjunction with the Services, you acknowledge that Densai may allow the providers of those third-party applications to access your Data as required for the interpretation of such third-party applications with the Services. Densai shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.

25. Entire Agreement 

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. These Terms and Conditions supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between the Customer and Densai.

By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using our Services.

26. Problem resolution

If at any time you would like to discuss with us how the Services can be improved or if you have a complaint about them, you are invited to telephone the partner or director, as the case may be, identified in the Engagement Letter. We will investigate any complaint promptly and do what we can to resolve the difficulties. The preferred channel for any problem resolution is to email info@score100.my as it can be properly documented and resolved.

If the problem cannot be resolved, the parties agree to enter into mediation, or some other form of alternative dispute resolution, before commencing legal proceedings.
In the event of a dispute, or where fees remain unpaid beyond the due date, we reserve the right to suspend provision of the Services until such time as the dispute is resolved or the fees are paid. Suspension of the Services will not affect your obligation to pay us for Services rendered to the date of suspension.

27. Force majeure

If the performance of this Agreement by a party, is prevented or restricted by reason of fire, storm, flood, earthquake, war, labor dispute, transportation embargo, law, order, or directive of any government in matters relating to this Agreement, or any other act or condition beyond the reasonable control of that party, then the party is excused from such performance to the extent of the same, but will use their best efforts to avoid or remove the causes of non- performance and to cure and complete performance with the utmost dispatch.

28. Translation interpretation

These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.

29. Acceptance

You can accept the Terms by:

i) clicking to accept or agree to the Terms, where this option is made available to you by Densai in the user interface for any Service; or

ii) actually, using the Services. In this case, you understand and agree that Densai will treat your use of the Services as acceptance of the Terms from that point onwards and you agree to be bound by all of the above listed clause.