Digi Telecommunications Sdn Bhd runs an application creation platform and service called 57square.com. Our service is designed to give you as much control and ownership over what goes on your site as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (things like spam, viruses, or serious threats of violence) appear on your site or get linked to from your site.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Digi Telecommunications, acceptance is expressly limited to these terms.
The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.
Your 57square.com Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign text and content to your created application in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Digi Telecommunications may change or remove any description or content that it considers inappropriate or unlawful, or otherwise likely to cause Digi Telecommunications liability. You must immediately notify Digi Telecommunications of any unauthorized uses of your application, your account or any other breaches of security. Digi Telecommunications will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. You also declare that you will not use your application for illegal or unauthorized purposes, including but not limited to local and international copyright and privacy laws.
Submitting your application to external platforms. Digi Telecommunications will be the default publisher of your applications to external platform providers including, but not limited to Google Play and Apple’s App Store / iTunes. You hereby grant Digi Telecommunications full rights and discretion to implement and/or refuse the submission of your application to external platforms. When submitting an application, Digi Telecommunications’s role is to assist in helping you submit the application to external platforms, but does not guarantee that your application will be accepted by any such external platforms. In the case of application rejections, Digi Telecommunications shall assist you to revise and re-submit the application to the provider, for up to a maximum of TWO (2) times. Again, this does not guarantee that an application will be accepted and published.
Responsibility of Your Content. If you operate an application, post material to the application, post links within the application, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, and submitting Content to Digi Telecommunications for inclusion on your application, you grant Digi Telecommunications a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your Content. This license allows Digi Telecommunications to make publicly-posted content available to third parties selected by Digi Telecommunications so that these third parties can distribute your content through their services. If you delete Content, Digi Telecommunications will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Digi Telecommunications has the right (though not the obligation) to, in Digi Telecommunications’s sole discretion (i) refuse or remove any content that, in Digi Telecommunications’s reasonable opinion, violates any Digi Telecommunications policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Digi Telecommunications’s sole discretion. Digi Telecommunications will have no obligation to provide a refund of any amounts previously paid.
Your responsibility with end users. Digi Telecommunications offers various pages and features in the Website as part of our service, some of it allows your application to collect end user data including, but not limited to personal information, contact details, comments, and transaction histories. You hereby acknowledge and agree that you will abide to all applicable privacy laws and regulations, and accept full risk, liability and responsibility to obtain such data from end users. This include making necessary efforts to inform end users on the usage of their personal data via your own communication channels. You also hereby declare that you are fully responsible and liable for your interactions and disputes with end users.
Payment and Renewal.
Responsibility of Website Visitors. Digi Telecommunications has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Digi Telecommunications does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Digi Telecommunications disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which 57square.com links, and that link to 57square.com. Digi Telecommunications does not have any control over those non-57square websites and webpages, and is not responsible for their contents or their use. By linking to a non-57square website or webpage, Digi Telecommunications does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Digi Telecommunications disclaims any responsibility for any harm resulting from your use of non-57square websites and webpages.
Intellectual Property. This Agreement does not transfer from Digi Telecommunications to you any Digi Telecommunications or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Digi Telecommunications. Digi Telecommunications, 57square, 57quare.com, the 57square.com logo, and all other trademarks, service marks, graphics and logos used in connection with 57quare.com, or the Website are trademarks or registered trademarks of Digi Telecommunications. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Digi Telecommunications or third-party trademarks.
Attribution. Digi Telecommunications reserves the right to display attribution links and text such as ‘powered by 57square’ in your any part of your application, depending on the subscription plans that you’ve purchased.
Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on our Website, or by sending you an email and / or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using 57square.com within the designated notice period. Your continued use of 57square.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Termination. Digi Telecommunications may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your 57square.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. Digi Telecommunications and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Digi Telecommunications nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted, or that any defects will be corrected, or that your use of the Website, services and / or Content will provide specific results. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Change or Termination of Operation. At any time, Digi Telecommunications reserve the right, without notice, to do any of the following: (1) modify, suspend or terminate the operation of or access to the Website, Services and/or Content or any portion thereof, for any reason; (2) modify or change the Website, Services and/or Content or any portion thereof, and any applicable policies or terms related thereto; and (3) interrupt the operation of the Website, Services and/or Content or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability. In no event will Digi Telecommunications, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Digi Telecommunications under this agreement during the twelve (12) month period prior to the cause of action. Digi Telecommunications shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Digi Telecommunications, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Translation. These Terms of Service were originally written in English. We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
Miscellaneous. This Agreement constitutes the entire agreement between Digi Telecommunications and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Digi Telecommunications, or by the posting by Digi Telecommunications of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Malaysia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Malaysia. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Digi Telecommunications may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.