What You Need to Know
What CSoft Offers:
Your Subscription:
Your Data:
Our Data:
Cancellation:
Limitations:
Malaysian Law:
1. INTRODUCTION AND ACCEPTANCE
What you’re agreeing to:
- You’ve read and understood these Terms and agree to follow them.
- You’ve reviewed our Privacy Policy at [www.csoft.my/privacy-policy], which is part of these Terms.
- You have the legal right to enter into this agreement. If you’re signing up on behalf of a company or organisation, you have the authority to bind that entity to these Terms.
- If you’re using our Services for an organisation, both you and the organisation are bound by these Terms.
- You’ll comply with all applicable Malaysian laws and regulations when using our Services.
2. SERVICES AND LICENCE GRANT
2.1 What We Provide
2.2 Your Licence to Use Our Services
- Access and use the CSoft System and our databases;
- Allow your authorised employees and contractors to use the Services;
- Use our documentation and support materials; and
- Use any mobile apps or browser extensions we provide,
2.3 What You Can’t Do
- Use our Services for anything other than your internal business operations;
- Exceed the usage limits in your subscription plan;
- Resell, rent, lease, or provide access to our Services to third parties;
- Use our Services to provide services to your clients ;
- Copy, modify, reverse engineer, or try to extract our source code;
- Remove our copyright notices or trademarks;
- Use our Services or data to train AI models or build competing products;
- Monitor our Services for competitive purposes or benchmarking;
- Upload any content that:
- Is illegal, harmful, threatening, abusive, or objectionable;
- Infringes someone else’s intellectual property or privacy rights;
- Contains viruses or malicious code;
- Violates Malaysian law;
- Try to hack, disrupt, or gain unauthorised access to our Services;
- Use bots or scrapers to extract data;
- Bypass our security features or usage limits;
- Publish our data on public websites or social media without our written permission;
- Overload our servers or interfere with other users; or
- Violate these Terms, our documentation, or Malaysian law.
2.4 We Keep Our Rights
2.5 Changes to Our Services
3. YOUR ACCOUNT AND AUTHORISED USERS
3.1 Registration
3.2 Account Security
- Use strong passwords and change them regularly;
- Don’t share your login credentials;
- Tell us immediately if you suspect unauthorised access;
- Take reasonable steps to prevent unauthorised access; and
- Remember that you’re responsible for everything that happens under your account.
3.3 Managing Your Team
- You don’t exceed your licensed number of users;
- Each person has their own unique login;
- Your team members follow these Terms;
- You keep a current list of authorised users (we may ask for it);
- You promptly remove access when someone leaves your team;
- Your team members are bound by confidentiality obligations;
- You’re responsible for your team’s actions as if they were your own.
3.4 Account Administrators
3.5 When We Might Suspend Your Account
- You or your team violates these Terms;
- Your account has been compromised;
- You haven’t paid your fees; or
- Continued access poses a security risk or violates Malaysian law.
4. YOUR CONTENT AND DATA
4.1 You Own Your Content
4.2 What We Can Do with Your Content
- Provide and maintain our Services;
- Do what you ask us to do through the Services;
- Keep our system secure and functioning properly;
- Comply with Malaysian law or court orders;
- Create anonymised statistics that don’t identify you or anyone else; and
- Fulfil our obligations under these Terms.
4.3 Your Responsibilities
- You have the right to upload your content and give us this permission;
- Your content doesn’t:
- Violate Malaysian law;
- Infringe anyone’s intellectual property or privacy rights;
- Contain viruses or harmful code;
- Any personal data in your content complies with the Personal Data Protection Act 2010, and you’ve obtained necessary consents;
- Your content is accurate and complete; and
- You’ll comply with all applicable laws.
4.4 Our Rights Regarding Your Content
- Monitor your content to ensure compliance with these Terms and Malaysian law;
- Remove content that violates these Terms or poses security risks;
- Retain your content as required by law; and
- Disclose your content to authorities if required by law or to protect rights and safety.
4.5 Backups and Data Retention
- You’re responsible for backing up your own content;
- We may delete your content after your subscription ends; and
- We have no obligation to return your content after termination, except as required by Malaysian law.
4.6 Usage Data
5. FEES AND PAYMENT
5.1 Subscription Fees
5.2 Payment Terms
- Fees are paid in advance for each subscription period;
- Payment is due within 14 days of our invoice;
- You can pay by FPX, credit card, debit card, bank transfer, or cheque;
- Invoices are available in your account; and
- Pay the full amount without deductions (except as required by law).
5.3 Late Payment
- Charge 1.5% monthly interest on overdue amounts;
- Suspend your access until you’ve paid; and
- Terminate your subscription.
5.4 Taxes
- Our fees don’t include taxes;
- You’re responsible for all applicable taxes (sales tax, service tax, etc.), except taxes on our income;
- If we must collect taxes, we’ll invoice you separately; and
- If you must withhold taxes, you’ll pay us extra to cover the withholding and provide proof of payment to authorities.
5.5 Fee Changes
- We may revise our fees with 30 days’ notice;
- New fees take effect at your next renewal;
- If you don’t agree to new fees, you can cancel before renewal; and
- If you don’t cancel, you accept the new fees.
5.6 Overage Charges
- Charge you extra at the rates in your Order Form; or
- Suspend access until you upgrade or reduce usage.
5.7 No Refunds
- Unused portions of your subscription;
- Unused features or licences;
- Periods when you choose not to use the Services; or
- Suspensions due to your breach or non-payment.
6. TERM, RENEWAL, AND TERMINATION
6.1 Subscription Period
6.2 Automatic Renewal
6.3 Cancelling Your Subscription
- You can cancel with 30 days’ notice if:
- You’ve been subscribed for at least 6 months; and
- You pay fees for the remainder of the current term.
- If you cancel before 6 months, you must pay fees for the remainder of the 6-month minimum period.
6.4 Termination for Breach
- The other party materially breaches these Terms and doesn’t fix it within 14 days of notice; or
- The other party becomes insolvent or enters bankruptcy proceedings.
6.5 When We Can Terminate
- You don’t pay within 14 days of a payment notice;
- You or your team violates the licence restrictions or acceptable use policy;
- Your use poses security risks;
- We reasonably believe you’re violating Malaysian law;
- A court or regulator requires us to terminate;
- You engage in fraudulent, abusive, or illegal activity;
- Your representations to us are untrue or misleading; or
- We discontinue the Services (with 90 days’ notice, except in emergencies).
6.6 What Happens After Termination
- Your licence to use our Services ends immediately;
- You and your team must stop using our Services;
- You remain liable for all fees up to the termination date;
- We may disable your account;
- We may delete your content according to our retention policies;
- You must return or destroy our confidential information within 7 days; and
- Certain sections of these Terms survive termination (ownership, usage data, no refunds, indemnification, liability limits, confidentiality, intellectual property, governing law, and general provisions).
6.7 Refunds After Termination
- If we discontinue the Services, we’ll refund unused prepaid fees on a pro-rated basis.
- If you cancel or we terminate for your breach, you don’t get refunds (except as required by Malaysian law).
7. REPRESENTATIONS AND WARRANTIES
7.1 What We Both Promise
- We’re properly organised and in good standing;
- We have authority to enter into these Terms;
- We’ve properly authorised this agreement;
- These Terms are binding and enforceable;
- This agreement doesn’t violate any laws or other agreements; and
- We’ll comply with all applicable Malaysian laws.
7.2 What You Promise
- All information you provide is accurate and complete;
- You have all necessary licences and permits to use our Services;
- You’re using our Services for lawful purposes only;
- You’ve obtained proper consents for any personal data you provide, in compliance with the Personal Data Protection Act 2010;
- Your content doesn’t infringe anyone’s rights;
- You won’t overload or damage our systems; and
- You and your team will follow these Terms.
7.3 Important Disclaimers
- Any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement;
- Any warranties that the Services will be uninterrupted, error-free, or secure;
- Any warranties about the accuracy, completeness, or reliability of our data;
- Any warranties that the Services will meet your specific requirements; and
- Any warranties that defects will be corrected.
- Our data comes from multiple sources we believe reliable, but we don’t independently verify everything;
- Our Services are for general information only and don’t constitute professional advice (real estate, legal, accounting, tax, or financial advice);
- Don’t rely solely on our data for business decisions—do your own due diligence;
- Any reliance on our Services is at your own risk; and
- We’re not liable for decisions you make based on our data.
8. INDEMNIFICATION
8.1 Your Indemnification Obligations
- Your use or misuse of our Services;
- Your breach of these Terms;
- Your content, including claims it infringes rights or violates privacy laws;
- Your violation of Malaysian law;
- Third-party claims related to your use of our Services;
- Your failure to obtain proper consents for personal data;
- Unauthorised account access due to your security failures;
- Negligence, wilful misconduct, or fraud by you or your team;
- Fines imposed on us due to your breach (if not our fault); and
- Claims by your team members or others you’ve given access to.
8.2 Indemnification Process
- We’ll notify you promptly of any claim (though delays don’t excuse you unless you’re materially harmed);
- You can control the defence if you:
- Don’t admit liability for us or impose obligations on us without our consent;
- Let us participate at our own expense; and
- Keep us informed and consult on material decisions.
- If you don’t defend within a reasonable time, we can defend ourselves and you’ll reimburse our costs.
8.3 Survival
9. LIMITATION OF LIABILITY
9.1 No Consequential Damages
- Loss of profits, revenue, business opportunities, goodwill, or reputation;
- Loss of data or information;
- Cost of substitute services;
- Business interruption or downtime;
- Loss of use of the Services or data; or
- Any other commercial or economic loss,
9.2 Cap on Our Liability
9.3 Exceptions
- Your indemnification obligations;
- Your breach of licence restrictions or confidentiality;
- Your infringement of our intellectual property;
- Your gross negligence, wilful misconduct, or fraud; or
- Liability that can’t be excluded under Malaysian law.
9.4 Specific Disclaimers
- Service disruptions due to internet issues, telecommunications failures, power outages, or other events beyond our control;
- Errors or inaccuracies in our data;
- Loss of your content (if we’ve met our obligations);
- Delays caused by third-party service providers;
- Unauthorised account access due to your security failures;
- Decisions you make based on our Services; or
- Third-party claims related to your use of our Services.
9.5 Mitigation
9.6 Fair Allocation of Risk
9.7 Essential Purpose
10. ACCEPTABLE USE POLICY
10.1 Prohibited Activities
- Use our Services for any unlawful, fraudulent, or malicious purpose;
- Transmit or store content that:
- Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful;
- Infringes intellectual property or privacy rights;
- Contains viruses or malicious code;
- Violates privacy or data protection rights;
- Impersonate others or misrepresent your affiliations;
- Forge headers or manipulate identifiers;
- Send spam, junk mail, or unsolicited advertising;
- Stalk, harass, threaten, or harm anyone;
- Interfere with or disrupt our Services or connected systems;
- Try to hack or gain unauthorised access;
- Use unauthorised bots or scrapers (except our official API);
- Test vulnerabilities or breach security measures;
- Launch denial-of-service attacks or overload our infrastructure;
- Use our Services to build competing products or train AI models;
- Reverse engineer our software (except as permitted by Malaysian law);
- Remove our copyright notices or trademarks;
- Damage or interfere with our Services or other users; or
- Encourage others to do any of the above.
10.2 Reporting Violations
10.3 Enforcement
- Monitor your use for compliance;
- Investigate suspected violations;
- Remove content that violates these Terms;
- Suspend or terminate your access; and
- Cooperate with law enforcement.
10.4 No Monitoring Obligation
11. CONFIDENTIALITY
11.1 What’s Confidential
- For CSoft: Our system, data, documentation, source code, algorithms, technical information, business information, pricing, and customer information;
- For you:Your content, business information, and customer information; and
- The terms of this agreement, including fees.
- Is or becomes publicly available (not through breach);
- You already had before disclosure;
- You receive from a third party without confidentiality restrictions;
- You independently develop without using the other party’s information; or
- Must be disclosed by law (with notice to the other party if legally permitted).
11.2 Confidentiality Obligations
- Keep the other’s Confidential Information strictly confidential;
- Not disclose it to third parties, except to:
- Employees, contractors, and advisors who need to know and are bound by confidentiality obligations; or
- As permitted by these Terms or with written consent;
- Use it only for purposes of these Terms;
- Protect it with at least reasonable care;
- Notify the other party of any unauthorised use or disclosure;
- Cooperate to prevent further disclosure; and
- Return or destroy it upon request or termination.
11.3 Permitted Disclosures
- Your employees and contractors who need it (if bound by confidentiality);
- Professional advisors (lawyers, accountants) under professional confidentiality duties;
- Potential acquirers or investors (if bound by confidentiality agreements); and
- Authorities as required by law.
11.4 Remedies
11.5 Survival
12. INTELLECTUAL PROPERTY RIGHTS
12.1 Our Intellectual Property
- The CSoft System and all its components;
- Our databases and data (except your content);
- Our documentation and materials;
- Our trademarks, logos, and brand elements;
- Any improvements or modifications to the above; and
- All feedback or suggestions you provide about our Services.
12.2 Your Intellectual Property
12.3 Feedback
12.4 Trademarks
12.5 Copyright Infringement
- Identification of the copyrighted work;
- Identification of the infringing material;
- Your contact information;
- A statement that you believe in good faith the use is unauthorised;
- A statement that your notice is accurate; and
- Your physical or electronic signature.
13. DATA PROTECTION AND PRIVACY
13.1 Personal Data Protection
- The Personal Data Protection Act 2010 of Malaysia;
- Our Privacy Policy at [www.csoft.my/privacy-policy]; and
- Any Data Processing Agreement we may enter into with you.
13.2 Your Responsibilities
- You’ve obtained all necessary consents from data subjects;
- You’ve complied with the Personal Data Protection Act 2010;
- You have authority to disclose the personal data to us; and
- We can process it as described in these Terms and our Privacy Policy.
13.3 Data Location
13.4 Data Security
- Maintaining secure account credentials;
- Controlling access to your account;
- Backing up your content; and
- Implementing your own security measures.
13.5 Data Breach Notification
14. THIRD-PARTY SERVICES AND LINKS
14.1 Third-Party Services
- Their availability, accuracy, or content;
- Their terms of service or privacy policies;
- Your interactions with them; or
- Any damages arising from your use of them.
14.2 Your Responsibility
- You’re subject to their terms and policies;
- You should review their terms before use;
- You use them at your own risk; and
- We’re not liable for any issues that arise.
14.3 No Endorsement
15. FORCE MAJEURE
15.1 Excused Performance
- Natural disasters (floods, earthquakes, storms);
- War, terrorism, or civil unrest;
- Government actions or regulatory changes;
- Labour disputes or strikes;
- Telecommunications or internet failures;
- Power outages;
- Pandemics or epidemics; or
- Other events beyond reasonable control.
15.2 Notice and Mitigation
- Promptly notify the other party;
- Use reasonable efforts to mitigate the impact; and
- Resume performance as soon as reasonably possible.
15.3 Termination for Extended Force Majeure
16. CHANGES TO THESE TERMS
16.1 How We Update These Terms
- Changes in our Services or business practices;
- Changes in Malaysian law or regulations;
- Security or technical requirements; or
- Other legitimate business reasons.
16.2 Notice of Changes
- Posting the updated Terms on our website with a new “Last Updated” date;
- Sending an email to the address associated with your account; or
- Displaying a prominent notice in your account dashboard.
16.3 Your Options
- You can terminate your subscription before the changes take effect; or
- You can contact us to discuss your concerns.
16.4 Minor Changes
17. SERVICE LEVEL AND SUPPORT
17.1 Service Availability
- Scheduled maintenance (we’ll try to notify you in advance);
- Emergency maintenance or security updates;
- Events beyond our control (internet outages, hosting provider issues); or
- Your breach of these Terms.
17.2 Support
- Email support at [support@csoft.my];
- Documentation and help resources in your account;
- Online knowledge base and FAQs; and
- Other support channels as specified in your subscription plan.
17.3 Service Level Agreement
18. CONTACT US
18.1 How to Reach Us
- General inquiries: [admin@csoft.my]
- Support: [support@csoft.my]
- Legal matters: [admin@csoft.my]
- Privacy concerns: [admin@csoft.my]
- Compliance issues: [admin@csoft.my]
18.2 Response Time
19. GOVERNING LAW AND DISPUTE RESOLUTION
19.1 Governing Law
19.2 Jurisdiction
19.3 Dispute Resolution Process
19.4 Injunctive Relief
19.5 Costs
20. GENERAL PROVISIONS
20.1 Entire Agreement
20.2 Amendments
- By CSoft in accordance with Section 16 (Changes to These Terms); or
- By written agreement signed by both parties.
20.3 Assignment
- An affiliate or subsidiary;
- A successor in connection with a merger, acquisition, or sale of assets; or
- Any other party with your consent.
20.4 No Waiver
20.5 Severability
20.6 Relationship of Parties
20.7 No Third-Party Beneficiaries
20.8 Notices
- If by email: when sent (if sent during business hours) or the next business day (if sent outside business hours);
- If by mail: 3 business days after posting;
- If by courier: upon delivery.
20.9 Language
20.10 Headings
20.11 Survival
20.12 Counterparts
21. DEFINITIONS AND INTERPRETATION
21.1 Definitions
21.2 Interpretation
- References to “Ringgit Malaysia”, “RM”, or “MYR” are references to the lawful currency of Malaysia;
- References to any statute, enactment, or regulation shall include references to any amendment, modification, re-enactment, or replacement thereof from time to time;
- Headings are for convenience only and shall not affect the interpretation of these Terms;
- Words importing the singular shall include the plural and vice versa, and words importing a gender shall include all genders;
- References to “writing” or “written” include email and other electronic communications unless expressly stated otherwise;
- The words “include”, “includes”, and “including” shall be deemed to be followed by the phrase “without limitation”;
- References to “Clauses”, “Sections”, and “Schedules” are references to clauses, sections, and schedules of these Terms unless otherwise stated.
SCHEDULE 1: DEFINITIONS OF CSOFT MODULES
1 . User Login & Management Module– User authentication, role-based access control, multi-company support, and account management features.
2 . Case Registry Management Module – Create, edit, search, and track cases with status workflows, file attachments, real-time chat, and reporting capabilities.
3 . Indication Management Module – Manage valuation quotes and requests with property valuation calculations, decline functionality, change history, and integration with external platforms.
4 . Malaysia Property Sale Search Module– Access Malaysian property transaction database with sales transactions, rental transactions, statistical analysis, and comparable property selection.
5 . Reporting & Printing Module– Professional report generation in multiple formats with template-based design.
6 . Advanced Search Module – Multi-criteria search with filters, pagination, and optimised performance.