Privacy and Data Protection Policy
Terms & Conditions
Privacy and Data Protection Policy (“Policy”)
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1. Introduction
1.1 PrestoOffice Sdn. Bhd. [Registration No. 202101036959 (1437259-A)] is a company incorporated in Malaysia (hereinafter referred to as “we”, “our”, “us”) and acts under Malaysia’s Personal Data Protection Act 2010 (“PDPA”).
1.2 Personal data refers to the information that relates directly or indirectly to you, who is identified or identifiable from that information, or in combination with other data in our possession,
1.3 The purpose of this Policy is to inform you and provide you with an understanding of how we handle, collect, use, maintain, disclose and process your personal data and other important topics in relation thereof.
1.4 This Policy may be relevant to you if your personal data is provided to us by the user of PrestoOffice.
1.5 This Policy applies to our use of your personal data across our website, software, apps, tools, features, products and services and any other services that we provide, both online and offline.
1.6 We may from time to time update this Policy to ensure that this Policy is consistent with our privacy practices, protocols, and/or any changes in legal or regulatory requirements. Any changes to this Policy are deemed effective after posting to this Site. You are advised to check this Policy frequently.
1.7 By using any of our services and by providing your personal data to us, you acknowledge and agree that you have read and understood this Policy, and consent to the collection, use and disclosure of your personal data under the terms of this Policy and any relevant privacy and data protection laws in Malaysia.
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2. The Types Of Data We Collect And How We Collect It
2.1 In order for us to provide you with our products and/or services, we are required to collect from you, and retain some personal information and documentation, such as (but not limited to):
- a. your personal information (i.e., your full name, identification card or passport, gender, nationality and residential address);
- b. your business information (i.e., company name and number, address and data related to your employees, customers, suppliers etc.);
- c. any documents for verification purpose (i.e., your signature, photo/video of yourself and your identification document);
- d. your accounting, financial data and banking account details; and/or
- e. any other information that is relevant or needed for us to carry out your request and for the purposes for which it is collected or required by the government agencies.
2.2 If you provide us with any personal data relating to a third party, by submitting such information to us, you represent and warrant to us that you have:
- a. obtained the consent of the third party to provide us with their personal data for the respective purposes; and
- b. acknowledged on his/her behalf any Policy in relation to the use of our services.
2.3 We may obtain the data from the sources below:-
- a. through your relationship with us, when you complete the enquiry or application form or when you use any of our products and/or services;
- b. your participation in surveys, prize draws, promotions or any activities or events;
- c. your verbal and written communications with us which may be conducted via telephone calls, messages, letters, emails or through our website, social media platform, or interactive board;
- d. any third parties connected with you whereby prior consent has been granted;
- e. through the use of cookies, web beacons or other similar technologies; and/or
- f. such other sources subject to your prior consent and/or to the extent permissible under applicable law.
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3. Why We Collect Your Personal Data And How We Use It
3.1 We collect the personal data for one or more of the following purposes :-
3.1.1 Where you are a user:
- a. to administer your account;
- b. to perform our obligations in connection with the contracts that we have entered into with you;
- c. to process your application and to provide our products and/or services which includes sharing data, when it is required to carry out the transactions;
- d. to conduct the verification of identity or carry out screening activities;
- e. to process payment;
- f. to notify on the updates or changes on the features of our products and/or services;
- g. to process your participation in any prize draws, promotions, competitions or any activities or events;
- h. to provide personalised experience and to improve the quality of the use of our products and/or services;
- i. for general communication and interaction purposes including marketing communications and offers for products and/or services subject to your consent where required; and/or
- j. any other purposes reasonably related to or in connection with the aforesaid.
3.1.2 General:
- a. to collect any enquiries, feedback or complaints;
- b. to maintain and update our database records;
- c. to operate our business which includes enhancing our processes, authentication, security and compliance, analysing our performance and doing research;
- d. to provide data to regulators or authorities in compliance with the legal and regulatory obligation; and/or
- e. any other purpose that is required or permitted under the applicable law.
3.2 You are advised to ensure that all the personal data submitted to us is current, complete, not misleading and accurate as we generally rely on your personal data to provide products and/or services to you. Please update us if there are changes to your personal data.
3.3 We take all reasonable steps and keep confidential your personal and business data and ensure that your data is protected from damage, unauthorised access, loss and misuse.
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4. Confidentiality And Disclosure Of Your Personal Data
4.1 We will not divulge, share, sell or make your personal and/or business information available to any external party without your prior consent, unless the disclosure is necessary in our legitimate professional and business needs or due to the compliance with applicable legal requirements.4.2 We may disclose such information to the following parties in the course of our duty and business:-
- a. our subsidiaries, holding companies or affiliates;
- b. third party service providers that we have engaged to perform support services for us of which they are required to treat your personal information in compliance with the applicable laws;
- c. third party service providers that assist to provide value added services in connection with the products and/or services that you have requested;
- d. our IT service providers;
- e. law enforcement bodies or government authorities;
- f. any professional advisors such as lawyers, accountants, auditors, bankers or other advisors appointed by you;
- g. bank, financial institutions and credit information companies for the purpose of credit evaluation and debt recovery/collection; and/or
- h. any other parties whose services are necessary to our business operations or where you have signified your consent to the sharing.
4.3 We will not provide your personal data to any third parties for their marketing purpose, unless with your consent obtained. We may disclose your personal data to our merchant partners who may reach out to you pertaining to their products, services or any activities, subject to your prior consent.4.4 In order to maintain our relationship with you, you may receive newsletters, updates, greetings or other kind of communication from us. However, you may choose to unsubscribe our notifications or marketing communications. -
5. Security
5.1 Your personal data will be stored in our database or databases maintained by our service providers.5.2 We have put in place the security technology, policies and procedures to maintain and protect your personal data from loss, misuse, unauthorized access or disclosure, processing, alteration or destruction.5.3 We are committed to ensuring that your personal data is secured and we will endeavour to take appropriate actions and measures to protect the security and privacy of your personal data. However, we do not guarantee the security against all the threats to such data and we will not be responsible for security or data breaches that beyond our reasonable control.
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6. Retention
6.1 Once a subscription is terminated by you or us, the data submitted or created by you is no longer available to you.6.2 Your personal data will be kept with us for a duration as permitted by the applicable laws.
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7. Your Rights To Personal Data
7.1 You have the right to access, review, vary and correct the personal information about you, in accordance with, and to the extent permitted by applicable laws and regulations.7.2 You have the right to withdraw your consent or decline to our use or disclosure of your personal data. However, please note that depending on the nature of your request, we may not be in a position to provide our products and/or services to you. Such withdrawal may also result in the termination of any agreement and/or subscription of services you may have with us.7.3 Please note that withdrawing consent does not affect our right to continue to collect, use and disclose your personal data where such collection, use and disclose without consent is permitted or required under applicable laws.
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8. How To Contact Us
8.1 If you have any questions or concerns regarding this Privacy and Data Protection Policy, feel free to contact us by sending an email to [email protected] .
IMPORTANT NOTICE TO ALL CUSTOMERS:
WELCOME TO THE PRESTOOFFICE TERMS AND CONDITIONS (“T&C”) OF SUBSCRIPTION
These T&Cs regulate your use of our Site https://www.prestooffice.com/ and/or our App. Please read the T&Cs carefully as it governs your use of the PrestoOffice Portal and limits PrestoOffice’s liability to you.
By clicking to accept the T&Cs where this option is made available to you or by continuing to use and subscribe for the services of PrestoOffice on this Site and/or our App, you are forming a contract and agree that you have read, understood and accepted to be bound by these T&Cs.
Unless you agree to these T&Cs, you must not subscribe to or use the services.
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1. Introduction
1.1 Presto e-Office Sdn. Bhd. is a private limited company incorporated under Malaysia law with registration number [202101036959 (1437259-A)] (hereinafter referred to as “PrestoOffice”, “we”, “our”, “us”). Our registered address is located at Level 13 Boutique Office 3, BO3-D-13, Menara 3A (Pillar 7), KL Eco City, No. 3 Jalan Bangsar, 59200 Kuala Lumpur.1.2 PrestoOffice provides the corporate secretarial services and business accounting services on Presto Website and App.1.3 “You”, “your” and “yours” includes:
- a. a natural person who is presently visiting our Site or App to access the portal of PrestoOffice and subscribing to our services in your own individual capacity and/or on behalf of your company or business or firm;
- b. a natural person or any entity or firm that has entered into contract with us;
- c. a company which will or has been incorporated with us and whether or not, using and subscribing to the corporate secretarial online services that we offer; or
- d. whether as director, member, officer, employee or authorized personnel of the business or company that has subscribed to our corporate secretarial or business accounting services.
1.4 These T&Cs are set forth to govern and regulate your activities, access to and use of our services, products, systems, online tools, functions, features or any content or materials published or made available by us through our Site and/or App.1.5 Please read and understand these T&Cs carefully before continuing to access the PrestoOffice via the Site and/or App. These T&Cs should be read in conjunction with our Privacy and Data Protection Policy.1.6 We reserve the right to modify any portions of these T&Cs and in such case, we will publish and post the modified version of these T&Cs on the Site and App. The changes shall become effective and binding when posted on the Site and App with no prior notice provided. -
2. Acceptance of T&Cs
2.1 By registering with us or using the services that we offer constitutes an express acknowledgment and acceptance of this agreement. You agree to be legally bound by the provisions of the T&Cs as set out herein and these T&Cs strictly govern your access to and use of our services, from time to time via the Site and/or App.2.2 By subscribing to and using our services, you warrant, acknowledge and agree that you:
- a. have the legal capacity and authority to contract;
- b. accept these T&Cs which shall include our Privacy and Data Protection Policy that forms a part of these T&Cs; and
- c. shall at all times observe and comply with these T&Cs.
2.3 If you are entering into this agreement on behalf of a company, entity or firm, you warrant that you are duly authorized and appointed to do so.2.4 If you do not accept and agree to abide by these T&Cs, you should not subscribe and access to the PrestoOffice via the Site and/or App. -
3. Subscription of our services
3.1 We grant you the right to use our services which is based on your subscription type and the level of access.3.2 By submitting the data to us for the purposes of corporate secretarial services (such as setting up a private limited company or processing your order of certain products and/or services) or business accounting services, you acknowledge that you have provided complete and accurate information and that it is your responsibility to update any changes to that information.3.3 We reserve the rights to reject any application or refuse to render any products and/or services in our sole and absolute discretion without being obliged to provide you with any reason or notification.3.4 We provide a range of corporate secretarial and business accounting services which include the following (not limited to) depending on your subscription planCorporate Secretarial Services
a. incorporation of private limited company;
b. registered office address services;
c. share capital, transfers and restructuring advice and assistance;
d. company’s annual compliance services;
e. preparation of documents relating to directors’ and members’ resolution;
f. attending and taking minutes of meetings; and
g. general business advisory services.
Business Accounting Servicesa. advisory and consultation services;
b. cloud accounting system;
c. e-storage of paper receipts or invoices;
d. e-invoicing;
e. dashboard charts and reports; and
f. analysis and metrics
3.5 You may receive the products and/or services that you have placed order following the consent provided herein and payment of the fee or as otherwise determined by us.3.6 Any notifications or updates we send to you will be sent to the email address you’ve provided us through your subscription.3.7 You shall notify us immediately via email in the event that you do not wish to continue with the incorporation of company.3.8 By placing order of any products and/or services, you shall agree and authorize us to take any steps as we, in our reasonable discretion, may deem necessary to comply with or perform our obligations or your instructions, which shall include taking professional advice or value-added services from third parties at your expense.3.9 In certain situation, we shall not be obliged to provide any products and/or services to you until the fee has been paid. We shall be bound to provide the products and/or services to you when we accept your order and such acceptance of your order shall take place only upon our written confirmation via email, text or notification on the Site and/or App.3.10 We undertake to deliver the products and/or services to you within 3 business days upon our written acceptance of your order. However, we shall not be responsible for any liability from the late or non-delivery of products and/or services due to unforeseen or unavoidable circumstances.3.11 In the event that the products that we supply to you require the Directors, Shareholders or any authorized personnel or officer to sign (whether wet ink, digital or electronic signature), we shall deliver to you either via email or courier depending on the situation. By submitting the signed documents to us, you acknowledge, warrant and guarantee that the documents are true, valid and duly signed by the relevant parties.3.12 Under the corporate secretarial services, any Directors’ or Shareholders’ resolutions that are signed by the relevant parties, whether original or electronic copy, and returned to us will be kept as the true records. We shall not be responsible for any resolutions that are not being signed or returned to us.3.13 Please note that we reserve the right to cancel, decline or reject any order of our products and/or services for any reason, even if we have accepted such order.3.14 In the case where the payment for the incorporation of company has been made and we have not received the satisfactory supporting documents and/or information from the Director(s) and/or Shareholder(s) within the stipulated period, the application shall be deemed lapsed. The fees shall be non-refundable. However, we may extend the application with additional fee to be borne by you and subject to your consent.3.15 In the event that you subscribe to both of our corporate secretarial and business accounting services, you grant us a right for data sharing in order for us to transmit the information needed to carry out the transactions3.16 In relation to the 1-hour advisory and consultation services provided under our business accounting services, you are required to make prior appointment with us and such appointment shall be made during the subscription period. Any appointment made after your subscription period shall not be valid. If no appointment is made during the subscription period, the offer will be forfeited and non-refundable.3.17 Any rewards program provided under our business accounting services shall be subject to its terms and conditions and may not be available at all times.3.18 If you subscribe to our Premium Package under corporate secretarial services, the subscription period will be six months. After the subscription of six months, your company shall be handled by us manually, or otherwise to be determined and mutually agreed upon between us.3.19 We may revise, modify, upgrade, suspend or impose restrictions on the features or usage of our products and/or services, at our sole discretion, and we will notify you of the terms prior to any changes. -
4. Pricing
4.1 The packages that we publish on the Site and App will display the price, specifications, features, and duration of our products and/or services. The fees paid are non-refundable.4.2 You are required to pay the fees based on the package that you select. The pricing details and other terms of your subscription are stated when you select the package. We only provide the products and/or services according to the package that you select.4.3 If you subscribe to our Premium Package of corporate secretarial services, you are entitled to the 12 credits and you may redeem the ad-hoc services as set out in the package within the subscription period. Any credits not being redeemed within the period shall be forfeited and not subject to any refunds.4.4 Any ad-hoc services not included in the Premium Package require additional fees and cannot be redeemed by using the 12 credits. The 12 credits can only be redeemed or utilized based on the list of services that are set out on the Site and App.4.5 In the event that you place order of any ad-hoc services that are not set out in the package, we shall provide you a quotation of the fee and issue a separate invoice to you for such services. You may refer to the schedule of fees published on the Site and App as a guideline before placing an order.4.6 Upon receipt of the fees via the payment methods made available on the Site and/or App, we shall provide you with related products and/or services.4.7 Under the Premium Package of corporate secretarial services, the 12 credits shall be redeemed or utilized within the subscription period and shall not be assigned, exchanged or transferred to other users, individuals, or entities. If the credits are fully redeemed, utilized or used up, you shall refer to the schedule of fees for any ad-hoc services that you wish to request or order.4.8 If your account is deactivated or terminated, all unredeemed credits will be forfeited without any obligation or liability. Once the credits are forfeited, the credits cannot be reinstated.4.10 We are not liable for any loss, damage or error that might arise from the processing of payment information, and we do not warrant and guarantee the safety and quality of the online payment services.
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5. Your Obligations and Use of the Services
5.1 In order to subscribe to or use our services, you must comply with the requirements as set out in these T&Cs. If you do not agree or comply with these requirements, you must cease accessing to the Site and/or our App immediately. To the extent permitted under applicable laws, you shall be liable for any legal consequences, including costs, losses or damages which we may suffer or incur as a result of your breach of this provision.5.2 In order for us to process your order of products and/or services, you are responsible to provide us the personal data and information, including but not limited to the following:
- a. full name;
- b. identity card or passport number;
- c. residential and/or service address;
- d. email address;
- e. telephone number; and/or
- f. any other information we may request from you from time to time that is relevant or needed for us to carry out your request.
5.3 You are responsible for ensuring that the details and data you provide to us are current, accurate and complete. You undertake to update the information you have provided to us should there be any changes. We shall not in any way be held responsible or liable to you or any other party for your delay in updating the information or any inaccuracies or errors contained in the information provided to us.5.4 If you provide us with any personal data relating to a third party (e.g. information of your spouse, family, employee, business partner etc.), by submitting such information to us, you represent and warrant to us that the data is derived from legitimate sources or authorized by the legal owner to provide us with their personal data for the respective purposes.5.5 By submitting the accounting, financial, banking accounts or any other information relating to the vendors, suppliers, employees, creditors or any third parties of your company, entity or firm, you warrant that you have the requisite legal authority to act on behalf of the company or business.5.6 At our request, you are required to provide us with all documents and information in order for us to comply with our internal policies, any applicable laws or regulations and/or for any other reason that we may consider necessary. Failure to provide satisfactory documents and information will result in the termination of the services and/or products that we offer to you.5.7 As a user or subscriber to our package, you are solely responsible and liable to the genuineness, authenticity, legality and legitimacy of the official documents and instruments including the signatures of directors, shareholders and officers. We will not be responsible for any forgery or counterfeiting of documents or signatures.5.8 You must not pretend to be someone other than yourself or impersonate another individual or otherwise mislead us to use the account and access our Site and/or App.5.9 You must not use our products and/or services or our Site and/or App:- a. for unlawful or fraudulent purposes, or in connection with a criminal offence;
- b. to engage in any activity that is harmful, obscene, infringing, offensive, pornographic, or anything that facilitates illegal activities, promotes violence, discriminatory or encourage conduct that would constitute a criminal offence or give rise to any civil or criminal liability;
- c. to transmit any data, material or files that contain any viruses, trojan horses, worms or any other similar harmful or malicious programs designed adversely to affect the computer programs, software, hardware, data files or operations; or
- d. to establish, develop, engage or invest in similar or competing services for own benefits or benefits of other individuals or entities.
If you have committed a breach or you are being suspected to have committed a breach of any of the above provisions, your right to access or use of our services shall cease immediately. -
6. Account Security
6.1 You shall at all times maintain the confidentiality and security of passwords and other account identifiers associated with the account you use to access our Site and/or App.6.2 You shall not authorize any third party to use your account or assign or transfer your account to other third party. You are responsible for restricting the access to your accounts and keeping your account secured.6.3 You must notify us immediately should you find or suspect any unauthorized use of your account or breach of security. In the event that we are not notified accordingly, we shall not be liable in any way for any loss or damage that you may incur as a result of the unauthorized use of your account. In such case, you shall be responsible and liable for whatever transactions or actions that are carried out by your account and agree to indemnify us for all losses or damages arising from the actions of any third parties using your account.6.4 You are responsible for all the activities or transactions that occur under your account.6.5 You shall indemnify and hold us harmless for any loss or damage we may incur or suffer resulting from your negligence or breach of this provision.
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7. Information Contained in the PrestoOffice on the Site and App
7.1 Whilst we take precautions to ensure that the information contained on the Site and/or App is accurate and up to date, we shall not be responsible for any errors or omission, or for the results obtained from the use of the information. All the information provided in this Site and/or our App is on “as is” basis, with no guarantee of completeness, accuracy, timeliness or reliability, and without warranty of any kind.7.2 All materials published on the Site and/or App are provided for general information purposes only and do not constitute any legal, accounting or other professional advice and shall not be construed as the making of a recommendation. We shall not be liable to you or any person or entity for any decision made or action taken in reliance on the information in this Site and/or App or for any damage or loss caused directly or indirectly.
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8. Third party websites/applications
8.1 Our Site and/or App may contain links to other websites and/or applications operated by third parties which are provided solely for your convenience and ease of access to relevant information.8.2 In relation to the third party websites and/or applications, you shall acknowledge and agree that:
- a. we do not endorse any content, information, products or services of such websites and/or applications;
- b. the third party websites and/or applications are governed by their own terms and conditions and privacy policies;
- c. access to or visit the links of the third party websites and/or applications is solely at your own discretion and risk;
- d. we make no representations, warrants or guarantees that the third party websites and/or applications will be safe or free from bug, virus, trojan, worm, malware, defects or harmful components.
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9. Intellectual Property
9.1 All the IPR on the Site and/or App is the exclusive property of PrestoOffice and is protected under the applicable laws and regulations.9.2 Subscribing to our packages does not convey to you any rights of ownership in or related to the IPR owned by PrestoOffice. You agree to make no claim in the rights or ownership of any such IPR.9.3 You shall not copy, reproduce, duplicate, transmit, sell, distribute or by any means to exploit our IPR especially for any commercial purpose without our prior written consent.9.4 You are not allowed to download or print any materials published on the Site and/or App which are deemed part of the IPR, including but not limited to the text, images, graphics, videos and animations of any nature whatsoever, regardless of whether the copyright and/or database right, in a systematic or regular manner so as to create a database in electronic or paper form comprising all or part of the materials appearing on the Site for any purposes other than for personal use.9.5 You must not reproduce any part of the Site and/or App or transmit it to or disseminate it in any other forms unless we have granted your prior approval.9.6 We reserve the rights to seek court order to stop the infringer from using or exploiting our IPR and to seek compensation for any losses, damages or expenses of any kind that we may suffer as a result of the infringement.
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10. Indemnity
10.1 In relation to our corporate secretarial services, you fully indemnify us against any expense, penalty or fine imposed and payable to the government authorities due to the following reasons:
- a. your omission or delay in updating the changes in particulars of directors, managers or shareholders to us;
- b. your delay or failure to notify us on the changes of business nature, business address or financial records keeping address;
- c. your delay or failure in returning to us the signed Directors’ and/or Members’ resolutions and other related documents for our onwards action;
- d. your delay or failure to respond to the government authorities
- e. the information that you provide to us contains error or is misleading which we have submitted to the government authorities; or
- f. non-compliance with any requirements of a regulatory nature as a result of your conduct.
10.2 You shall fully indemnify us (and/or our affiliates, officers, directors, employees and shareholders) from and against any and all actions, claims, liabilities, demands, expenses, costs and/or losses of whatever nature suffered, incurred, arising out of or in connection with:- a. your breach of any part of these T&Cs;
- b. your failure to comply or observe with these T&Cs;
- c. our use of any and all information that you have submitted to us in connection with the products and/or services that you apply with us or in other purposes that we deem necessary;
- d. in the course of and pursuant to our duties and obligations or in accordance with your instructions; or
- e. a third-party claim against us relating to you, your company, business or firm.
10.3 To the extent permitted by applicable laws and regulations, we shall not be liable or responsible for any losses, damages, costs or other expenses of any kind, whether directly or directly, arising out of or in connection with:-- a. any losses in terms of revenue, profits, capital, customers or assets;
- b. any use of or any action or decision taken in reliance on, any information or materials available on this Site and/or App;
- c. inability to access our Site and/or App or use of our services;
- d. failure of performance, defect, delay in operation, malfunction or failure of your software, system, hardware or connectivity;
- e. any losses due to the delay or non-performance of our obligations under these T&Cs as a result of force majeure events; or
- f. any losses or errors of information due to the incorrect or misleading information provided to us.
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11. Disclaimer
11. 1 We provide no warranties nor give any undertakings to you whatsoever including that:
- a. the materials and content are accurate, complete or free of omissions or typographical errors;
- b. the Site and/or App is accessible on any kinds of hardware or devices;
- c. the Site and/or App will always be available, secure, or that such services will not be interrupted to conduct maintenance, repairs, upgrades, or due to the network, equipment, system or communication line failures;
- d. no viruses or other contaminating or harmful components or properties will be transmitted to your devices; or
- e. our operation will not be affected by external events which beyond our reasonable control including acts of God, fires, epidemics, malicious damage, failure or reduction of power or any force majeure events.
11.2 The entire risk arising out of your access to our Site and/or App or use of our products and/or services remains solely with you, to the extent permitted under applicable laws and regulations. -
12. Termination
12.1 This agreement is effective upon the first day you subscribe to our services and shall continue to apply until the subscription ends or termination.12.2 We reserve all rights to stop providing any products and/or services that we offer, create limits for the services, permanently or temporarily terminate our services or suspend your access to our Site and/or App with or without prior notice.12.3 Under no circumstances we will be liable for any loss, damage, claim or compensation for discontinuing or terminating our services.12.4 We may choose to terminate your subscription of business accounting services and/or corporate secretarial services (including to tender our resignation as Company Secretary by giving a notice to you and the Directors) by giving one month's written notice or in certain case with immediate effect under the following circumstances:
- a. we have reasonably belief that your company or business is involving or carrying out any illegal, improper or harmful activities;
- b. you have provided us with false, incorrect, not current or misleading information;
- c. we suspect that you are not the legal owner of the account or you are impersonating other individual or misrepresenting a legal entity to use our services;
- d. you have committed a breach of any provision of these T&Cs and breach cannot be remedied or you do not remedy the breach within 14 days after receiving the notice from us;
- e. you have violated any applicable laws or regulations;
- f. your failure to pay for any products and/or services that you have applied with us;
- g. none of the business owners, directors, officers, employees or any party can be communicated with the last known residential address or email address;
- h. you or your business or company become insolvent / go into liquidation / have a receiver or manager appointed over any of its assets / any similar insolvency event in any jurisdiction; or
- i. any other reasons we deem necessary to restrict or terminate your access to our Site and/or App.
12.5 You may terminate our secretarial services by giving at least 10 days written notice in order for us to prepare the resignation letter and/or any necessary documentation.12.6 Any fees prepaid for our corporate secretarial or business accounting services will not be refunded for early termination regardless of any reason.12.7 Upon the termination of our services or our resignation as company secretary, we will not render or provide any products and/or services to you. We shall terminate or revoke any or all of your rights granted under the T&Cs. Thereafter, you shall immediately cease all access to and use of our services.12.8 Upon termination, any benefits or rights that you were entitled including the 12 credits under the Premium Package of corporate secretarial services will be forfeited with immediate effect.12.9 Once a subscription is terminated by you or us, all the data submitted or created by you is no longer available to you and we are not obliged to retrieve the data for you. We may retain the data for a period of time in accordance with our data retention policy, during which, you may reactivate your subscription and once again access your data by paying the subscription fees. However, we do not guarantee on the completeness of the data12.9 Please note that any termination shall not affect the respective rights, obligations or liabilities of the parties nor release either party hereto from any liability which, at the time of such termination, has already or shall have accrued to the other party and it shall not preclude either party from pursuing any rights or remedies with respect to any breach of these T&Cs. -
13. Force Majeure
Notwithstanding anything stated to the contrary in these T&Cs, we shall not be liable for any delay or failure to perform any of our obligations including the supply of any products or services ordered by you or any terms as mentioned herein if such fulfillment is delayed, hindered and/or prevented result from force majeure events, including but not limited to the following:
- a. acts of God (such as, but not limited to, fires, explosions, earthquakes, flood and accident);
- b. wars, hostilities, invasion, act of foreign enemies;
- c. rebellion, revolution, insurrection, military or usurped power, or civil war;
- d. riot, civil commotion, strikes, lock-outs or disorder or other industrial actions or trade disputes of whatever nature;
- e. public health emergency, communicable disease outbreak, communicable virulent disease, epidemic, pandemic, failure of public utilities; or
- f. implementation of movement control order or similar actions or measures taken by the government that encompass restrictions on movement, assembly or international travel and/or mandated closure of business or industry; or
- g. any failure, default, delay in performance or any act of omission of any nature whatsoever beyond our reasonable control.
In the event that a force majeure event occurs, the period of such force majeure event shall be deemed to be time extended for the completion. -
14. Refund Policy
14.1 No cancellation or refunds shall be made once the order has been placed, regardless of the reason of termination.14.2 We reserve the right to refuse any cancellation and/or refund application for the products and/or services rendered to you regardless of non-execution of such services.14.3 The fees prepaid for the subscription of our corporate secretarial or business accounting services are non-refundable even if you elect to discontinue your subscription of our services.14. 4 We will reimburse you in the event if there is any duplicate payment made due to the error of the system.14.5 Once your application of refund is approved, we will notify you via email and the monies shall be credited to the banking account that you provide to us. The amount of refund may be subject to the deduction of card processing fees, where applicable. The process of refund will take around 30 days from the day on which we approve your application.
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15. Confidentiality
15.1 Confidential Information shall collectively refer to all non-public information or material disclosed or furnished by one party to the other, either directly or indirectly, either in writing, orally, visually, electronically or by tangible objects, concerning any aspect of the business or affairs that designates as being confidential or which, under the circumstances surrounding the disclosure, should be treated as confidential, including but not limited to products, designs, processes, plans and strategies, policies, procedures, technical data, financial data, market research, business operations and systems, concepts and system solutions, trade secrets and the identities, relationships or other information concerning any business, employees, customers and/or vendor.15.2 All the parties shall keep strictly confidential and not to use, disclose, divulge or permit to be disclosed, to any third party or to enable any person to become aware of any information which is confidential or is by nature intended to be exclusively for the knowledge of the parties relating the products and/or services that we offer.15.3 The Receiving Party may disclose the Confidential Information to its employees, affiliates, directors, members, agents or consultants who have a strict need to access the Confidential Information for the purpose of performing or carrying out their obligations.15.4 The Receiving Party shall indemnify and hold harmless the Disclosing Party and their respective directors, members, officers and agents from and against any and all losses, damages, costs and expenses caused by or arising out of any breach of its obligations under this provision including without limitation unauthorized use or disclosure of the Confidential Information.15.5 The Disclosing Party shall be entitled to seek appropriate equitable relief including a temporary restraining order or an injunction should the Receiving Party breaches its obligations.
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16. General provisions
16.1 We reserve the right to modify, add or remove any of these T&Cs as we deem necessary and post on the Site and App. Such changes and updates are deemed effective and binding when posted on the Site without prior notice provided. You are advised to check and review the T&Cs on a regular basis. Your continued use of our services following the posting of any revised T&Cs shall constitute an express acceptance of the amended provisions.16.2 You consent to receive communications from us electronically which shall include email, text message or by posting messages or notices on the Site and App and you agree that all agreements, notifications, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless applicable laws specifically require a different form of communication.16.3 You shall not assign, novate, or otherwise transfer all or any of your rights, benefits or obligations under these T&Cs without our prior written consent.16.4 We may assign, transfer or deal in any way with our rights and obligations under these T&Cs including to an affiliate, related corporation or any third party without your prior consent.16.5 Any failure to enforce the provisions set out in these T&Cs, or failure to perform the obligations, shall not be deemed to waive or invalidate such provisions.16.6 If any part of these T&Cs is found to be invalid, unlawful or unenforceable, such part shall be severed from these T&Cs without invalidating the remaining provisions hereof. The validity, legality and enforceability of the remaining provision of these T&Cs shall not in any way be affected or impaired.16.7 These T&Cs are drawn up in the English language and the English language version of the same shall take precedence over other translations.16.8 These T&Cs and your use of this Site are governed by, and shall be construed in accordance with, the laws of Malaysia.
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17. Definitions
a. “App” means the PrestoOffice portal that is available in Presto application downloadable via a relevant app store.b. “CCM” means the statutory body, Companies Commission of Malaysia formed to regulate the corporate and business affairs in Malaysia.c. “Content” means all images, text, and other materials and content provided on the Site and/or App.d. “Disclosing Party” means the party disclosing Confidential Information to the other party, including any affiliate of such other party.e. “Force Majeure Event” means any unforeseeable event or occurrence which is beyond the reasonable control of a party and which prevents or delays that party from performing and fulfilling any or all of its obligations under the terms and conditions.f. “IPR” means patents, inventions, copyrights, design rights, trademarks, trade names, business names, brands, logos, internet domain names, database rights, technical information and any other intellectual property or proprietary rights (whether registered or unregistered, and whether in electronic form or otherwise) including the form of (but not limited to) text, layout, graphics, photos, video, music, sound and all the software compilations, underlying source code and software.g. “Products” means all kinds of documentation that we may supply to you in conjunction with the services that we provide including but not limited to the resolutions, notices, letters, minutes, company profiles, report, statement, statistics, analysis or any other related documents in all forms and descriptions.h. “Privacy and Data Protection Policy” means our Privacy and Data Protection Policy accessible at https://www.prestooffice.com/index.php?option=com_quix&view=page&id=13&Itemid=551#tab_privacy .i. “Receiving Party” means the party receiving Confidential Information from the other party, including any affiliate of such other party.j. “Services” means any services which we may offer in PrestoOffice via our Site and/or our App including the incorporation of a company, corporate secretarial, business accounting, taxation, advisory, consultancy and other related services provided by us in all forms and aspects.k. “Site” means the website https://www.prestooffice.com/ that provide the services of PrestoOffice.l. “T&Cs” means these Terms and Conditions.m. “Third Party” means a natural person or legal entity who is neither you nor us.n. “Virus” means any viruses, worms, trojan horses or any other types of malicious code, script or program designed to damage, disrupt or adversely impact computer systems, networks, devices or files or steal, add, modify, overwrite, or delete the information.
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