Date: 18th September 2019
By using PSERV360 as a Hirer e.g. an SAP end-user or prospective SAP end-user or resource agency, you also agree to be bound by PSERV360’s Hirer’s Terms of Service (“Hirer’s Terms of Service”) and related policies. (click here to view)
For Service Providers
By using PSERV360 as a Service Provider e.g. freelancer or resource agency, you also agree to be bound by PSERV360’s related Service Provider’s terms of service as follows:-
a) Resource Agency Service Provider Terms of Service (“RASP Terms of Service”) and related policies (please click here to view); or
b) Freelancer Terms of Service (“Freelancer Terms of Service”) and related policies. (please click here to view).
1.1. PSERV360 is a website intended to facilitate provision of SAP, and other related resources and services, between Hirers and Service Providers (“Purpose”). All information on this Website is general information intended for this Purpose.
1.2. To facilitate the effectiveness of this Website, we require the cooperation of the users of this Website. You are required to be mindful of all content posted or uploaded including its relevancy and accurateness. In the event you come across information that is inappropriate to the Purpose, lewd, pornographic, etc we seek your cooperation to contact our customer service with the relevant details for our further action.
1.6. We grant you a limited, revocable, non-transferrable, and non-exclusive licence to access and make use of the Website for yourself or the corporate, business, or partnership entity that you are employed in solely for the Purpose.
1.7. In the Agreement, unless the context otherwise requires::
1.7.1. words of any gender include the other gender;
1.7.2. words using the singular or plural number also include the plural or singular number, respectively;
1.7.3. the terms “hereof”, “herein”, “hereby”, “hereto” and similar words refer to this entire Agreement and not to any particular Clause or any other subdivision of this Agreement;
1.7.4. a reference to a “Clause” is to a Clause in this Agreement;
1.7.5. the words “include(s)” or “including” shall be deemed to be followed with “without limitation” or “but not limited to” whether or not they are followed by such phrases or words of like import;
1.7.6. reference to any statute or statutory provision shall be construed as a reference to the same as it may have been, or may from time to time be, amended, modified or re-enacted;
1.7.7. any reference to an “approval” is a reference to an approval in writing and “approved” shall be construed accordingly;
1.7.8. any reference to an “amendment” includes any variation, deletion or addition and “amend” and “amended” shall be construed accordingly;
1.7.9. any reference to “indebtedness” includes any obligation (whether present or future, actual or contingent, secured or unsecured, as principal or surety or otherwise) for the payment or repayment of money;
1.7.10. any reference to “law” includes any constitution, decree, judgement, legislation, order, ordinance, regulation, statute, treaty, by-law or other legislative measure;
1.7.11. any reference to a “day”, “week”, “month” or “year” is to that day, week, month, or year in accordance with the Gregorian calendar;
1.7.12. if any period of time is specified from a given day or a day of a given act or event is specified, it is to be calculated not including of that day and if any such specified period of time or a day of a specified given act or event falls on a day which is not a Working Day, then such period of a specified time or a specified day of a given act or event is deemed to be on the next Working Day;
1.7.13. any reference to “pay” or its cognate expressions includes payment made in cash or by way of bank draft (drawn on a bank licenced to carry on banking business under the provisions of Financial Services Act 2013) or effected through inter-bank transfers (i.e. telegraphic transfer or online transfers) to the account of the payee giving the payee access to available fund;
1.7.14. reference to “this Agreement” or any other agreement or document shall be construed as a reference to such agreement or document as amended, modified or supplemented and in effect from time to time and shall include a reference to any document which amends, modifies or supplements it, or is entered into, made or given pursuant to or in accordance with its terms;
1.7.15. headings and sub-headings shall not be deemed parts of this Agreement or be taken into consideration in the interpretation or construction hereof;
1.7.16. reference to documents or other instruments include all amendments and replacements thereof and supplements thereto;
1.7.17. reference to persons include their successors and any permitted transferees and assigns; and
1.7.18. no rule of construction shall apply to the detriment of any Party by reason of that Party having control and/or was responsible for the preparation of this Agreement or any part thereof.
2. Proprietary Rights
2.1. Unless specifically stated on this Website, this Website, all the content therein including all design and logos posted as well as the source code (“Content”), and all user content (as defined in Clause 3.4 below) are the property of PSERV360 and/or its licensors and are protected by Malaysian and/or foreign copyright, trademark, and other related laws. All rights, title and interest in the Content are owned by, licensed to or controlled by Vantage.
2.2. The “look” and “feel” of this Website (including colour combination, button shapes, layout design and all other graphical elements) are also protected by PSERV360 trademarks, service marks and copyrights. Any reproduction of this Website in whole or part is strictly prohibited.
2.3. Except for the limited, revocable, non-transferrable, and non-exclusive license granted to you in the Agreement, PSERV360 reserves for itself and its licensors all other rights, title, and interest.
2.4. Without limitation on the foregoing, you may not:-
2.4.1. reproduce, modify, display, sell or distribute in whole or part this Website, the Content, or the User Content;
2.4.2. use this Website, the Content or the User Content in any other way for public or commercial purpose other than for the intended Purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes:
a) copying or adapting the HTML code used to generate web pages on the Website;
b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape”, “crawl” or “spider” any web pages or any services provided on this Website other than the search engine available from PSERV360 for this Website and other generally available 3rd party web browsers (e.g. Internet Explorer, Chrome, Edge, Firefox, Safari, etc);
c) copying or duplicating in any manner any of the Content, User Content or information available from this Website, without the express written consent of PSERV360; and
d) downloading, saving and/or uploading the Content and the User Content on any other website or in a networked computer environment for any purpose.
2.6. You agree that in using this Website and the Services, and/or viewing the Content, the User Content or other copyrighted content, you do not acquire any ownership rights (whether intellectual property rights or proprietary rights) in this Website, the Services, the Content, User Content, or any other downloaded content from this Website.
2.7. Names, marks, and logos of all other products, services, and companies mentioned on this Website that are not owned by Vantage may be trademarks of their respective owners.
3. Content of this Website
3.1. You shall use this Website, the Services, and any content, material and information on this Website including but not limited to services, products, information, databases, text, documents, organisation layouts, images, graphics, designs, compilation, photographs, pictures, drawings, audio and sound recordings, video, animation, links or other items and materials found on this Website and their arrangement thereof (“Content”), solely for the Purpose.
3.2. PSEREV360 reserves the right, at its sole discretion, to amend or update the information, material, functions, and/or contents of this Website at any time without prior notice.
3.3. PSEREV360’s official social media platforms or links may be reposted in whole without any modification or alteration by any user for purposes that are consistent with the intention of this Website. Any attempt to modify or alter the content therein will be a breach of intellectual property rights.
3.4. You shall ensure that any material or information of any kind including but not limited to registration information, job postings, personal information, documentation including but not limited to company certificates, educational certificates, profiles, resumes, curriculum vitae and photos, feedback column and completed questionnaires of PSERV360 which you upload to, distribute to, disseminate through, or that you make available through this Website by any means (“User Content”) are true, accurate, complete and not misleading, not fraudulent, not libellous, not defamatory, not obscene, not pornographic, not abusive, unable to damage or interfere with any system data or personal information through computer viruses or computer programming, will not create any liability for Vantage, not propaganda of a political, seditious or racist nature, and/or do not otherwise violate any law or infringe or violate any rights of Vantage any other person or entity. You hereby grant to Vantage and this Website, the right to use any information posted or provided by you solely for the Purposes related to this Website.
3.5. In addition to our rights herein, Vantage reserves the right to refuse service, refuse access to this Website and/or remove or edit content, for any reason, in our sole discretion without prior notice.
3.6. You are requested to provide accurate company and personal contact information in the fields provided when communicating with Vantage’s support team or customer service centre. If any information is found to be incorrect, Vantage shall not be responsible for any inaccurate replies, misinformation, or any failure to obtain a reply.
4. Quick Assessment Recommendation (QAR)
4.1. PSERV360 provides a quick assessment exercise to assist end-users or prospective end-users of SAP with their projects or required services.
4.2. It is a pre-requisite that any end-users or prospective end-users intending to take advantage of this facility must register with PSERV360 and provide accurate information about the end-user or prospective end-user and the project. You are required to complete the PSERV360 QAR questionnaire as accurately as possible.
4.3. The PSERV360 QAR questionnaire is the copyright of Vantage and shall not be reproduced in whole or in part for any reason whatsoever.
4.4. The QAR facility is an ex-gratia service that may be provided by PSERV360 to new SAP end-users or prospective SAP end-users. In the event clarification of the project and/or consultancy service sought is needed, a consultant from PSERV360 may contact the end-users or prospective end-users directly for further information.
4.5. PSERV360 bears no responsibility for any report and/or advice given and does not warrant or guarantee that any report given is complete, accurate or correct. There are many factors that may cause the outcome of the report or advice to vary, which are beyond the knowledge and ability of PSERV360 to gauge. These include changes of business environment/landscape, work culture of user and/or other parties, as well as activities of 3rd parties. The User is advised to conduct its own research before relying on said report or advice.
6. Warranties And Liability
6.1. Effort is taken to ensure that the Content of this Website is appropriate and accurate (to the best of our knowledge) at the time of publishing, and is reviewed from time to time. However, PSERV360 gives no warranties in relation to this Website, the Content and/or the User Content therein. PSERV360 is also not responsible for the Content and/or User Content in any way.
6.2. PSERV360 is a platform website that does not, nor is it intended to, provide and/or administer SAP and related resources and services. The actual provision of SAP and related resources and services is solely carried out between the Hirer and Service Provider in question. PSERV360 is neither responsible nor liable for the acts and/or omissions of any Hirer and/or Service Provider.
6.3. PSERV360 shall not be liable due to any force majeure event including default arising from any act of God, war, terrorist action, strike, lockout, industrial action, embargoes, flood, tempest, drought, global network failure or any other event beyond our reasonable control.
6.4. PSERV360 makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Website and/or Services therein.
6.5. PSERV360 shall not be liable for any claim, loss, damage, costs or expenses incurred and/or suffered by you arising from your access and/or use of the Website and/or its Services.
8. Termination and Suspension
8.2. For the avoidance of doubt, the termination of the Agreement and/or use of the Website or Services shall not require PSERV360 to compensate, reimburse or cover any costs incurred by you in the course of your use and/or access of the Website.
9.1. PSERV360 may provide promotions and partner programmes from time to time at its sole discretion.
9.2. Each promotion and partner programme will be communicated by PSERV360’s marketing team directly to the qualified user or partner.
9.3. Any promotional rates, rebates, duration, method of calculation, and payment are at the sole discretion of PSERV360. Any complaints, disputes or requests for better terms will not be entertained by PSERV360.
10. Links from the Website or other websites
10.2. PSERV360 is not responsible for the contents of any other website and shall not be liable for any damages or loss arising from access to those websites. Use of the hyperlinks and access to such websites are entirely at your own risk.
10.4. Hyperlinks to other websites are provided as a convenience. In no circumstances shall Vantage be considered to be associated or affiliated with any trade or service marks, logo, insignia or other devices used or appearing on websites linked to this Website.
11. Links to the Website from other websites
11.2. You must secure the permission of PSERV360 prior to hyperlinking or framing this Website, the Contents, or the User Contents, and/or engaging in similar activities. PSERV360 reserves the right to impose conditions before permitting any hyperlinking to, or framing of this Website or any of its Contents.
11.3. Unless specifically acknowledged by PSERV360, in no circumstances will PSERV360 be considered to be associated or affiliated in any manner whatsoever with any trade or service marks, logos, insignia or other devices used or appearing on websites that link to the Website or any of the Contents.
11.4. PSERV360 reserves the rights to disable any links to, or frames of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful purposes/ topics/names/information in breach of any written law and disclaims any responsibility as a result thereof.
12. Law and Jurisdiction
12.2. Vantage makes no representation that the content, material, postings, or posting responses found on the Website (including but not limited to the Content, User Content and Services) are appropriate or available for use in jurisdictions other than Malaysia.