Last updated: 26 Apr 2021
Terms of Service
This website is operated by Atom Nexus Sdn Bhd. Throughout the site, the terms “we”, “us”, “Branded Store” and “our” refer to Atom Nexus Sdn Bhd. Atom Nexus Sdn Bhd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). Our Acceptable Use Policy (“AUP”) governs your use of our Service in detail and by using our Service, you agree to abide by all the policies in our AUP. If you are using the Services on behalf of an organization,...
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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 of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Please note that Branded Store doesn't provide warranties for the Services. This contract also limits our liability to you.
Description of Service
Permitted and Prohibited Uses
- Users are required to keep their contact details up to date.
- Users are responsible for maintaining the security of their account and password.
- Users agree not to interfere or tamper with our Services.
- Users may not use the Services for any illegal and(or) unauthorized activity other than the intended purpose of the Services.
- Users are prohibited from distributing any clients personal information to a third party.
Subscriber is solely responsible for maintaining the security of Subscriber's servers that are created via the Branded Store service. Branded Store shall have no liability for any security breaches or data breaches of Subscriber's servers, even if those servers were initially created and provisioned by Branded Store. Branded Store does not guarantee the security of any of Subscriber's servers, even if those servers were initially created and provisioned by Branded Store. We follow strict, industry leading security measures to manage servers. We will NEVER access your server without your explicit request for us to do so. If your server needs manual intervention from us, you must request our help and give us your permission to access your server before we will be able to assist you.
Subscriber is solely responsible for the preservation of Subscriber's data which Subscriber saves onto its server (the “Data”). Branded Store shall have no liability for any Data that may be lost.
Fees for Services
Branded Store’s service(s) are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are monthly and your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your billing page. You may cancel auto-renewal on your Subscription at any time, and your Subscription will only stop at the end of your billing date.
Branded Store provides a free trial for 5 days. This trial period will start automatically after the user logs in for the first time with Branded Store. During this period, the user will experience full features of Branded Store (Business Plan) and after the trial period ends, user account will be downgraded to free plan. To avoid being downgraded to the free plan, user will be required to add a preferred payment method and start the subscription. If the user's account has been downgraded to the free plan and users had previously provisioned their server with Branded Store, the server will not be removed. However, the user can't make any changes to the server using features which are covered under Business or Pro plan.
Branded Store reserves the right to amend the fees charged for the Services at any given time, provided that, for Services are billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Branded Store will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
Suspension & Termination of Use of The Service
Branded Store may terminate your Subscription at the end of a billing cycle by providing at least 30 days' prior written notice to you. Branded Store may terminate your Subscription for any reason by providing at least 90 days' written notice to you.
Branded Store may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we limit, suspend, or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Data from that Service.
The service is operated by Branded Store from its headquarters in Malaysia. The Terms of Service is governed by the laws of the country of Malaysia. Therefore, the user and Branded Store explicitly agree that all disputes, claims, or other matters arising from or relating to the use of the service will be governed by the laws of Malaysia.
Branded Store provides the service "as is", "with all faults" and "as available". to the maximum extent permitted by applicable law, Branded Store makes no (and specifically disclaims all) representations or warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, any warranty that the service will be uninterrupted, error-free or free of harmful components, that the content will be secure or not otherwise lost or damaged, or any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement, and any warranty arising out of any course of performance, course of dealing or usage of trade. Some jurisdictions do not allow the foregoing exclusions. In such an event such exclusion will not apply solely to the extent prohibited by applicable law.
Limitation of Liability
In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for any lost profits, data loss, data theft, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) of fees paid to us for the particular services during the immediately previous one month period, even if Branded Store had been advised of, knew, or should have known, of the possibility thereof. subscriber acknowledges that the fees paid by him or her reflect the allocation of risk set forth in this agreement and that Branded Store would not enter into this agreement without these limitations. subscriber hereby waives any and all claims against Branded Store arising out of subscriber's purchase or use of the services, or any conduct of Branded Store's directors, officers, employees, agents or representatives. your sole and exclusive right and remedy in case of dissatisfaction with the services or any other grievance shall be your termination and discontinuation of access to or use of the services.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, this will not affect the validity and enforceability of any remaining provisions. Branded Store may assign any or all of its rights under these Terms and Conditions to any party without your consent. You are not permitted to assign any of your rights or obligations under these Terms and Conditions without the prior written consent of Branded Store, and any such attempted assignment will be void and unenforceable. These Terms and Conditions constitute the entire agreement between you and Branded Store regarding your use of the Service, and supersede all other terms or purported agreements.
We respect the intellectual property of others. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of Users, believed to have repeatedly infringed on others' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the relevant information to us via email.
Changes and Updates
Branded Store may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the Branded Store website.
If an amendment is material, as determined in Branded Store sole discretion, Branded Store will notify you by email. Notice of amendments may also be posted to Branded Store blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Branded Store to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
Branded Store constantly changes and improves the Services. Branded Store may add, alter, or remove functionality from a Service at any time without prior notice. Branded Store may also limit, suspend, or discontinue a Service at its discretion. If Branded Store discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to prepare and export a copy of your Data from that Service. Branded Store may remove content from the Services at any time at our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.