1. Scope
OS Trio group of companies, which shall include OS TRIO BHD and its subsidiaries, (OS Trio) created and maintains the OS Trio Help Desk Portal to provide a channel where customers (You or Your) may submit support request and issue tickets to OS Trio. The terms of this Terms of Use Agreement shall be referenced collectively as AGREEMENT herein.
2. Acceptance of Terms
Unless otherwise agreed to in a separate signed writing, your access and use of the OS Trio Help Desk Portal is subject to this AGREEMENT. This AGREEMENT forms a legally binding agreement between You and OS Trio regarding Your access and use of the OS Trio Help Desk Portal.
By accessing or using OS Trio Help Desk Portal, You accept and agree to abide by the terms of this AGREEMENT. If You do not agree to the terms of this AGREEMENT, You must not attempt to access or use OS Trio Help Desk Portal.
3. Changes and Notices
OS Trio may make changes to this AGREEMENT and to modify, change or discontinue any part or all of the OS Trio Help Desk Portal at any time. OS Trio may notify You of any changes to this AGREENENT, the OS Trio Help Desk Portal when You visit the OS Trio Help Desk Portal, via email, or by providing You with information on such update in another form which new version can then be viewed via the Terms of Use link. OS Trio may make changes to its products, service offerings OS Trio software and other OS Trio materials at any time without notice.
THE MOST CURRENT VERSION OF THIS AGREEMENT CAN BE ACCESSED BY CLICKING TERMS OF USE WHICH IS INCLUDED ON THE BOTTOM OF EACH WEB PAGE COMPRISING THE OS TRIO HELP DESK PORTAL
4. Electronic Communication
When You visit the OS Trio Help Desk Portal or send e-mails to OS Trio, You are communicating with OS Trio electronically. You consent to receive communications from OS Trio electronically. OS Trio will communicate with You by e-mail or by posting notices on the OS Trio Help Desk Portal. You agree that all agreements, notices, disclosures and other communications that OS Trio provide to You electronically satisfy any legal requirement that such communications be in writing.
5. Your User Information
Your user ID and password (User Information) is provided to You for Your sole access to OS Trio Help Desk Portal. You are solely responsible for maintaining the confidentiality of your User Information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under Your account. OS Trio reserves the right to refuse service, terminate accounts, remove or edit OS Trio Help Desk Portal content in its sole discretion.
6. Applicability Maintenance Agreement
Any support request and/or issue tickets submitted You through OS Trio Help Desk Portal and the corresponding support activities by OS Trio, are subjected and are governed by the terms and condition of the software maintenance agreement. Confirmation notice of support request and/or issue tickets received by OS Trio Help Desk Portal does not represent OS Trio’s formal acceptance or formal resolution commitment. .
7. Copyright Policy
All content included on the OS Trio Help Desk Portal, such as text, graphics, logos, button icons, and images, is the property of OS Trio or its content suppliers. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders rights.
8. Termination and Accountability
OS Trio may, at its sole discretion, suspend or terminate Your account and refuse You any current or future use of OS Trio Help Desk Portal in the event that You are in material breach of this AGREEMENT and/or Your software maintenance period has expired without renewal.
9. Indemnity
You agree to indemnify and hold OS Trio, its subsidiaries, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your usage of the OS Trio Help Desk Portal, Materials or Services, Your breach of this AGREEMENT or Your alleged violation of any other rights of a third party.
10. Exclusion of Software Warranties
Unless provided otherwise in Your software license, and/or maintenance agreement, OS Trio does not guarantee or warrant any features or qualities of the OS Trio Help Desk Portal, or give any undertaking with regard to any other quality. To the fullest extent allowable by law OS Trio hereby disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Statements and explanations to OS Trio Help Desk Portal in promotional material or on OS Trio Help Desk Portal and in the documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by You from any published OS Trio description of or advertisement except to the extent OS Trio has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of OS Trio’s management.
11. Limitation of Liability
Unless provided otherwise in Your software license, and/or maintenance agreement, TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, OS TRIO AND ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, AND PARTNERS ARE NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF OS TRIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE THE OS TRIO HELP DESK PORTAL OR ANY OTHER MATTER RELATING TO THE OS TRIO HELP DESK PORTAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE BY OS TRIO.
12. Applicable Law
This site is created and controlled by OS Trio in Malaysia. Therefore, the laws of Malaysia will govern this AGREEMENT without giving effect to any principles of conflicts of laws. You also agree to comply with all laws from the country in which You reside that are applicable to the transmission of data on the internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
13. Waiver and Severability
The failure of OS Trio to exercise or enforce any right or provision of this AGREEMENT shall not constitute a waiver of such right or provision. To the extent that any provision in this AGREEMENT shall be found to be unenforceable, such provision shall be modified in such a manner so as to make this AGREEMENT as modified, legal and enforceable under applicable laws and the balance of the provisions of this AGREEMENT shall not be affected thereby.