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EULA

Updated Date: 11th December 2019

 

This End user Software License Agreement (the “EULA”) govern your access and use of the RoomQuest platform or any RoomQuest products, software, data feed and platforms provided to you on, from, or through the RoomQuest Platform (collectively, the “Platforms”) and use of our Applications (the “Licensed Applications”).

Please read them carefully. We are grateful you’re here.

 

First things First

 

This EULA forms part of a Legally Binding “Contract”

 

 

The EULA is a legally binding contract between

 

  1. 1.RoomQuest a company incorporated under the laws of Malaysia having its registered address at Level 5, Tower A,The Vertical,Bangsar South ,No.8 ,Jalan Kerinchi , 59200 Kuala Lumpur,Malaysia ; and

 

  1. 2.The party being a personal user (“You”).

 

As part of the EULA, if you access or use the platform, or continue accessing or using the platform after being notified of a change to the EULA, you are deemed to have confirmed to have read, understand and agree to be bound by the EULA.

 

RoomQuest User Registration and Accounts

 

In order to access the platforms and Licensed Applications, you have to register and create a personal account with RoomQuest (“User Account”).

If you register and create a user account with RoomQuest, you will be asked to provide an email address and a password.

 

You agree not to disclose your password to anyone else and that you will be solely responsible for any activities or actions taken under your user account, whether authorized by you or not. In the event where there is unauthorized use of your user account, you shall notify RoomQuest immediately.

 

During the use of the platforms, you will be invited to refer your friends to register with and use the licensed Applications, by sending them an invite through e-mail, SMS or other social networking platform. In the event where you decide to send such invitations, you represent to RoomQuest that the recipients of such invitations have given you their consent to receive such invitations from you, and do not consider such invitations unsolicited.

 

 

 

Administrator’s Choices and Instructions on our Platforms

 

Our platforms enable you to join RoomQuest (“Project(s)” created by administrators who subscribe to our platforms. A project is the overall umbrella term for a RoomQuest.

 

You are an Authorized End user in a Project created by an “Administrator”

 

An organization or other third-party that we refer to in the EULA as “Administrator” has invited you to a project. If your company is using RoomQuest platform, the Administrator is your employer. If you are joining a project created by your Residential Management using their RoomQuest Administrator Account in which case they are your administrator and they are authorizing you to join the project.

The person who created and is the owner of the project is the administrator and you are the End User.

 

What this means for you and for us

 

The Administrator has separately agreed to our Administrator Terms of Service or entered into a written agreement with us (in either case, the “Contract”) that permitted administrator to create a project so that you and others could join (each invitee granted access to the platforms, including you, is an “Authorized End user”) or (“Users”).

The Contract contains our commitment to deliver the platforms to the administrator, who may then invite (in the case of privately published projects) and allow (in the case of publicly published projects) Authorized end user to join the project(s).

 

End user Data

 

As a RoomQuest user account holder, you may submit content or information to the platforms and licensed applications, such as text, photos, sounds, music, videos audiovisual combinations, interactive features and other materials (“End user Data”). You understand that RoomQuest does not guarantee any confidentiality with respect to any end user data you submit.

You retain all your ownership rights in your end user data which you have uploaded onto the platforms and Licensed Applications.

 

You license to RoomQuest to such end user data for publication on the platforms and Licensed Applications pursuant to this EULA.

 

When an authorized end user (including, you) submits end user data to the platforms or Licensed Applications, you acknowledge and grant RoomQuest and the administrator a worldwide, non-exclusive, royalty-free sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the platform and Licensed Applications and RoomQuest’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the platform and Licensed Applications (and derivative works thereof) in any media formats and through any media channels.

 

You understand and agree, however, that RoomQuest may retain, but not display, distribute or perform server copies of your end user data which have been removed or deleted.

 

However, the above licenses granted by you in user comments which you have submitted are perpetual and irrevocable.

 

You also acknowledge and agree that the contract provides administrator with many choices and control over the end user data. For example, the Administrator may provision or deprovision access to the platforms and Licensed Applications, enable or disable third-party integrations, vote, share and moderate user completions and user comments, and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all end user data.

 

The Relationship between You, Administrator and Us

 

AS BETWEEN US AND ADMINISTRATOR, YOU AGREE THAT IT IS SOLELY ADMINISTRATOR’S RESPONSIBILITY TO

 

  • • INFORM AUTHORISED END USERS OF ANY RELEVANT ADMINISTRATOR POLICIES AND PRACTICES AND ANY SETTINGS THAT MAY IMPACT THE PROCESSING OF END USER DATA;
  • • OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM AUTHORISED END USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF ADMINISTRATOR DATA AND THE OPERATION OF THE PLATFORMS; AND
  • • RESPOND TO AND RESOLVE ANY DISPUTE WITH AN AUTHORISED END USER RELATING TO OR BASED ON THESE OBLIGATIONS.

 

A Few Ground Rules

 

For purposes of this EULA, end user data and administrator data collectively known as “Content”.

While you are here, you must follow the rules

 

The EULA remain effective until your access to the platforms has been terminated by us.

 

You are to respect RoomQuest’s Intellectual Property

 

All intellectual property, including but not limited to, patents, copyrighted material, trademarks, names and logos used in the Licensed Application or delivered via the platforms are owned by RoomQuest unless otherwise stated or indicated. Your use of the Licensed Application does not allow you to infringe those rights or the intellectual property rights of third-parties which may exist in content contained in the Licensed Application or delivered via the platforms. No license is expressly or impliedly granted within or as a result of your use of the Licensed Application in respect of any intellectual property. Without RoomQuest’s prior written consent, you agree not to display or use in any manner, RoomQuest’s intellectual property, in particular, RoomQuest’s trademarks, names and logo.

 

Pursuant to the terms of this EULA, you may download and install the Licensed Applications to your supported device, and access and use the platforms, solely for your own personal and non-commercial use. You may not:

 

  1. 1.Copy, modify or distribute, in any way, our platforms, Licensed Applications or content without RoomQuest’s prior written authorization, unless RoomQuest makes available the means for such distribution through functionality offered by the platforms and Licensed Applications such as “Facebook Share” and “Twitter Share”;

 

  1. 2.Transfer, sublicense, lease, lend, rent or otherwise distribute the Licensed Applications or offer or provide the platforms to anyone else;

 

  1. 3.Access content, the platforms or Licensed Applications through any technology or means other than using your RoomQuest User Account on the platforms and Licensed Applications themselves, or other explicitly authorized means RoomQuest may designate; or

 

  1. 4.Reverse-engineer, decompile or create derivative works of the platforms and Licensed Applications.

 

You are to adhere to the Permissions and Restrictions to the access and use of our Platforms and Licensed Applications

 

Pursuant to the terms of this EULA, you agree to the following:

 

1.You will not use the platforms and licensed applications for any of the following commercial uses unless you obtain RoomQuest’s prior written approval:

  1. • the sale of access to the platforms and licensed applications;
  2. • the sale of advertising, sponsorships, or promotions placed on or within the platforms or licensed applications or content; or
  3. • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or platform containing content delivered via the platforms and licensed applications, unless other material not obtained from RoomQuest appears on the same page and is of sufficient value to be the basis for such sales.
  • 2.Prohibited commercial uses do not include:
  1. • Uploading an original content to RoomQuest to promote your business or artistic enterprise;
  2. • Any use that RoomQuest expressly authorises in writing.

 

    • 3.If you use the licensed applications, you agree that it may automatically download and install updates from time to time from RoomQuest. These updates are designed to improve, enhance and further develop the RoomQuest application and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit RoomQuest to deliver these to you) as part of your use of the RoomQuest Application;

 

    • 4.You agree not to use or launch any automated system that accesses the platform and licensed applications in a manner that sends more request messages to the RoomQuest servers in a given period of time. Notwithstanding the foregoing, RoomQuest grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. RoomQuest reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the platform and/or licensed applications, nor to use the communication systems provided by the platform (e.g., comments, email) and licensed applications for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the platform and licensed applications with respect to their content; and

 

  • 5.You will not use the platforms and licensed applications in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the terms of this EULA or the laws governing the jurisdiction of Malaysia and the jurisdiction you are residing in.

 

 

You are to respect Third-Party’s Intellectual Property

 

You shall submit end user data to the platform and licensed applications which will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material.

 

You are to be responsible for your own End user Data and experience on our Platforms and Licensed Applications

 

You shall be solely responsible for your own end user data and the consequences of submitting and publishing your end user data on the platforms and licensed applications. You affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to publish end user data you submit.

 

RoomQuest’s zero-tolerance stand on infringement of Intellectual Property Rights

 

RoomQuest does not endorse any administrator data or end user data submitted to the platforms and licensed applications by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and RoomQuest expressly disclaims any and all liability in connection with such content. RoomQuest does not permit copyright infringing activities and infringement of intellectual property rights on the platform and licensed applications, and RoomQuest will remove all content if properly notified that such content infringes on another’s intellectual property rights. In such event, RoomQuest reserves the right to remove content without prior notice.

 

 

Limitation of Liability

 

If we believe that there is a violation of the contract, EULA, or any of our other policies that can simply be remedied by administrator’s removal of certain end user data or taking other action, we will, in most cases, ask administrator to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling your Account) if administrator does not take appropriate action or we believe there is a credible risk of harm to us, the platforms, licensed applications, authorised end users, or any third-parties

TO THE EXTENT NOT EXPRESSLY PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY DEATH OR PERSONAL INJURY, LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF. UNLESS YOU ARE ALSO AN ADMINISTRATOR (AND WITHOUT LIMITATION TO OUR RIGHTS AND REMEDIES UNDER THE CONTRACT).

 

Consequences of breach of EULA

 

Any attempt to engage in any of the aforesaid restrictions in “A Few Ground Rules” section will otherwise be a fundamental breach of the EULA and a violation of the rights of RoomQuest and the rights of its licensors. RoomQuest reserves the right to discontinue any aspect of the platform and licensed applications at any time.

If you breach any of the aforesaid restrictions, RoomQuest shall have the right to terminate the EULA and you may be subject to civil and criminal liability. The terms of this EULA will govern any updates provided by RoomQuest which replace and/or supplement the original licensed application, unless such upgrade is accompanied by a separate license agreement in which case the terms of that license agreement shall govern.

 

General Provisions

 

Push Notifications

 

As part of the platforms we provide, you may receive push notifications, alerts or other types of messages sent to you outside or inside the licensed applications (“Push Notifications”). You can opt in or out of these Push Notifications through the platforms or through your mobile device’s operating system.

 

Consent to Use of Data

 

You agree that RoomQuest may irrevocably and unconditionally collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision to you of software updates, product support and other platforms to (if any) that is related to the licensed application. RoomQuest may use this information to improve its products or to provide platforms or technologies to you. RoomQuest may also collect personal and non-personal Information during your usage of the licensed applications. The collection and use of any data is subject to our Privacy Policy.

 

Privacy Policy

 

Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our platforms and licensed applications.

 

Third-Party Content

 

The platforms and licensed applications enable access and may contain links to third-party platforms (“Third-Party Content”) that are not owned or controlled by RoomQuest. RoomQuest has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party platforms. By using the licensed application and the platforms, you acknowledge and agree that RoomQuest is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, intellectual property rights compliance, legality, decency, quality or any other aspect of such Third-Party Content.

 

You shall, at all times, exercise your own judgment and discretion in deciding whether to join or participate in any merchant programs made available through the licensed applications and the platforms. RoomQuest does not endorse or make any representation or warranty, express or implied, in respect of any merchant programs or products offered thereunder and disclaims any responsibility in respect of any terms and conditions of any merchant programs. You shall be solely responsible for assessing and agreeing with the terms and conditions of any merchant program and communicating with any participating merchant in respect of any matter or dispute relating to any merchant program.

 

Accordingly, we encourage you to read the terms and conditions and privacy policy of each other platform you visit. Keeping the platforms available for all platform plans, we will use commercially reasonable efforts to make the platforms available 24 hours a day, 7 days a week, excluding planned downtime. We expect planned downtime to be infrequent but will endeavor to provide administrator and authorized end users with advanced notice (e.g., through the platforms), if we think it may exceed five (5) continuous minutes.

 

Waiver

 

No failure or delay by either party in exercising any right under the EULA, will constitute a waiver of that right. No waiver under the EULA will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

 

Severability

 

The EULA, will be enforced to the fullest extent permitted under applicable law. If any provision of the EULA is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the EULA will remain in effect.

 

Assignment

 

You may not assign any of your rights or delegate your obligations under the EULA, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign the EULA in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

 

Indemnity

 

You agree to defend, indemnify and hold RoomQuest, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable solicitor’s fees and costs, arising out of or in way connected with: Your access to or use of the platforms or licensed applications; Your violation of the terms of this EULA, including without limitation any representations made herein; or Your violation of any third-party rights, including without limitation any intellectual property rights, or publicity, confidentiality, property or privacy rights.

 

Force Majeure

 

If any party is prevented from performing any of its obligations under this EULA due to any cause beyond the party’s reasonable control, the time for that party’s performance will be extended for the period of the delay or failure to perform due to such cause, except that you will not be excused from the payment of any sums of money owed by you to RoomQuest to such cause.

 

Termination

 

You may terminate your user account at any time and for any reason by uninstalling the licensed applications from your mobile device and deleting your RoomQuest user account by emailing [email protected]. Our Personal Data Protection Officer will be in touch with you. For more information, please read through our Privacy Policy as well.

 

Further Assurances

 

The parties shall each do all such acts, matters and things as may be reasonably necessary to give full effect to this EULA.

 

Feedbacks/Suggestions

 

Feedback is welcomed the more suggestions our Administrator and authorized end users make, the better the platforms become. If you send us any feedback or suggestions regarding the platforms, there is a chance we will use it, so you grant us (for itself and all of its authorized users and other customer personnel) an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to administrator and any authorized user. If we choose not to implement the suggestion, please don’t take it personally. We appreciate it nonetheless.

 

Modification

 

As our business evolves, we may change this EULA. Although we may attempt to notify you when changes are made to the EULA, you should periodically review the most current version of the EULA at any time by visiting this page, and by visiting the following for the most current versions of the other pages that are referenced in this EULA and Privacy Policy. Any material revisions to the EULA will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the platforms after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.

 

Entire Agreement

 

The EULA, including any terms incorporated by reference into the EULA, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in this EULA and any pages referenced in this EULA, the terms of this EULA will first prevail; provided, however, that if there is a conflict or inconsistency between the contract and the EULA, the terms of the contract will first prevail, followed by the provisions in this EULA, and then followed by the pages referenced in this EULA (e.g., the Privacy Policy). Administrator will be responsible for notifying authorized end users of those conflicts or inconsistencies and until such time the terms set forth herein will be binding.

 

Governing Law

 

The contract, and any disputes arising out of or related hereto, will be governed exclusively by the laws of Malaysia, without regard to its conflicts of laws rules.

 

Contacting RoomQuest

 

Please also feel free to contact us if you have any questions about RoomQuest’s EULA. You may contact us at [email protected] or at our mailing address below:

 

RoomQuest

Level 5, Tower A,

The Vertical, Bangsar South

No. 8, Jalan Kerinchi

59200 Kuala Lumpur, Malaysia

 

-The RoomQuest Team