Akaun.com Vendor Terms of Use

Akaun.com Vendor Terms of Use2021-05-28T12:50:56+00:00

Use of the Akaun.com Marketplace is governed by these Akaun.com Vendor Terms of Use (“Terms of Use”), which form a legally binding agreement between you and Biglegdger Sdn Bhd, (“Akaun.com” or “we”).

By placing an Order for an Applet, or accessing or using the Akaun.com Marketplace, you indicate your assent to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not place an Order or use or access the Akaun.com Marketplace.

Introduction

Who are You? Because all Applets available through the Akaun.com Marketplace are designed for use with Akaun.com Products, in these Terms of Use, “you” refers to the Bigledger customer (e.g., person or entity) who holds a license or subscription to the Akaun.com Product with which the Applets will be enabled or used. That Bigledger customer is fully responsible for compliance with these Terms of Use by anyone using the Akaun.com Marketplace or placing Orders on its behalf. Any person using the Akaun.com Marketplace or placing an Order on behalf of an Bigledger customer is binding that Bigledger customer to these Terms of Use. These Terms of Use also apply to you if you are browsing the Marketplace or leaving a review.

Types of Applets
Some Marketplace Applets are made available at no charge, and others require payment of fees. The listing for each Applet will identify the provider of the Applet (“Vendor”), which may be Bigledger or a third party. Most Vendors are third parties, who create, own and are responsible for their own Applets as further described in these Terms of Use. In all cases, you may only use Applets with the Bigledger Products with which they are designed to be used (as identified in the Applet’s listing).

Finding Applets and Placing Orders
We want it to be easy to find great Applets throughout your Bigledger experience. Therefore, “Akaun.com Marketplace” includes https://akaun.net/ and any other webpage, application, interface, service or in-product experience at which we make available or list Applets. Likewise, when we refer to “Orders”, that includes any order, purchase, installation, trial, download or enablement of an Applet (including renewals and upgrades), whether through the Akaun.com Marketplace, Bigledger Products or other processes or interfaces we make available. All Orders are subject to these Terms of Use.

Marketplace Policies
Your Orders and use of the Akaun.com Marketplace are also subject to Akaun.com’s marketplace FAQs and posted policies, as may be modified from time to time (“Marketplace Policies”), which are incorporated into these Terms of Use.

Your Orders

Order Details
Your Order will identify the Vendor, your authorized scope of use of the Applet (such as the platform or number of seats) and license or subscription term, as applicable. Once you complete your Order, Bigledger will provide you with access to the applicable Applets , including any relevant license or access keys, as described in the Marketplace Policies.

Paid Applets
To receive access to paid Applets, you must pay Bigledger the fees, including all taxes, indicated at the time of your Order. Terms for renewals, including pricing, will be described within the Applet’s listing on the Akaun.com Marketplace (or if different, your Order). You can disable renewals by creating a ticket to our support emailing support@bigledger.com (but you will not receive any refunds except as described). For any Third Party Applet, you acknowledge and agree that Bigledger is the Vendor’s commercial agent and that you are required to make any related payments directly to Bigledger (and your sales contract with Bigledger includes these Terms of Use and the applicable Order). However, after you complete your Order, your usage of any Third Party Applets will be governed by the applicable Vendor Terms.

Return Policy
Returns and refunds of Akaun.com Applets are governed by the Bigledger Terms. For Third Party Applets, you have thirty (30) days from the date you place your Order to cancel your Order and return the Applet. If you cancel your Order of a Third Party Applet within this 30-day period, Bigledger will refund the amount you paid for the applicable Third Party Applet, and you must cease using the Applet and delete any copies of the Applet in your possession. Except as expressly provided, all Orders are non-cancelable and non-refundable.

Trial Periods
The Akaun.com Marketplace may offer free trial periods for Applets. After expiration of the trial period, if you do not place an Order for the Applet, the Applet will cease to function and you must cease using and delete your copies of the Applet and any related license or access keys.

Use of Marketplace Applets

Vendor Terms
Without limiting the disclaimers, restrictions or other provisions in these Terms of Use, usage of Applet is subject to the license or subscription terms, privacy policies and other applicable terms specified by the Vendor (“Vendor Terms”). Vendor Terms are typically included on the Applet’s listing page or presented through the Order process. You may not use an Applet if you do not agree to the relevant Vendor Terms.

Third Party Applets. Third Party Applets are subject to the third party’s Vendor Terms, not the Bigledger Terms. By ordering, installing or enabling any Third Party Applet, you are entering into the Vendor Terms directly with the applicable third party Vendor. Bigledger is not a party to, or responsible for compliance with, any third party Vendor Terms, and does not guarantee any third party Vendor Terms are adequate for your own needs.
Akaun.com Applets. If Bigledger is the Vendor of the Applet, the Vendor Terms are the Bigledger terms that govern the Bigledger Product with which the Applet is enabled or used (listed here) and as may be modified from time to time (the “Bigledger Terms”). The Bigledger Terms include the Bigledger Privacy Policy. In event of a conflict between these Terms of Use and the Bigledger Terms, the Bigledger Terms will control as to each party’s rights and responsibilities related to the Applet itself, while these Terms of Use will control as to the Akaun.com Marketplace generally.

Support and Maintenance
Any support and maintenance of Third Party Applets will be provided by the applicable Vendor and only to the extent described in the applicable Vendor Terms. Bigledger is not responsible for any support and maintenance for Third Party Applets, and a Vendor’s failure to provide any support or maintenance does not entitle you to any refund. If Bigledger is the Vendor, it will provide any support and maintenance in accordance with the Bigledger Terms.

Reservation of Rights
Except for the rights explicitly granted to you in these Terms of Use and in the Vendor Terms for each Applet, all right, title and interest (including intellectual property rights) in the Akaun.com Marketplace are reserved by Bigledger, and all right, title and interest (including intellectual property rights) in the Applets are reserved and retained by their respective Vendors and licensors. Applets are provided on a license or subscription basis, not sold, and you do not acquire any ownership rights in the Akaun.com Marketplace or the Applets.

Data Collection and Sharing

Order Information
If you order a Marketplace Applet through Bigledger, Bigledger will provide the Vendor with the information you provide in completing the order, such as your name, company name (if any), addresses (including e-mail address) and phone number.

Third Party Vendor Use of Data
As referenced in the Bigledger Terms, if you place an Order for Third Party Applets, you authorize Vendors to access or use certain data in the applicable Bigledger Products. This may include transmitting, transferring, modifying or deleting such data, or storing such data on Vendor or third party systems. Any third party Vendor’s use of accessed data (whether data in the Bigledger Products or separately collected from you or your device) is subject to the applicable Vendor Terms. Bigledger is not responsible for any access, use, transfer or security of data or information by third party Vendors or by Third Party Applets, or for the security or privacy practices of any third party Vendor, Third Party Applet or their processors. You are solely responsible for your decision to permit any third party Vendor or Third Party Applet to access or use data to which you’ve granted access. It is your responsibility to carefully review the Vendor Terms, as provided by the applicable third party Vendor.

Bigledger Use of Data
Any data that Bigledger collects from you based on your use of the Akaun.com Marketplace and your Orders, or that it receives from third party Vendors on your behalf, is subject to the Bigledger Privacy Policy.

Analytics and Usage Data
In addition, you authorize the Vendor and Bigledger (if Bigledger is not the Vendor) to collect and use technical data and related information (including technical information relating to your device, system, and the Applet), in non-personally identifiable form, to facilitate the provision of software updates, product support, marketing efforts and other services to you related to the Applet. Vendor and Bigledger (if Bigledger is not the Vendor) may each use this information, as long as it is in a form that does not personally identify individual users, to improve their respective products or to provide services or technology to you (including with respect to Bigledger, the Akaun.com Marketplace and Bigledger Products).

Reviews of Marketplace Applets
The Akaun.com Marketplace allows users to post reviews (e.g., a star rating) of Akaun.com Applets and to post comments on your or other users’ reviews.

User Names Displayed
Reviews and comments are posted under the name and profile of the user submitting the content (as listed in his or her Bigledger account). Users who do not want their names or other profile information (such as profile photographs) to appear may not post reviews or comments on the Akaun.com Marketplace.

Rules for Reviews
All reviews and comments must comply with Bigledger’s Acceptable Use Policy and the terms below. To make your reviews and comments useful to others:

Reviews must be made in good faith after reasonable evaluation of the relevant Applet.

Users may post only one review per Applet, unless the latter review reflects a good-faith rating change based on further evaluation. Any modified reviews will be marked as “edited”.

You (including anyone acting on your behalf) may not review or comment on your own Applet, an Applet owned by a company you work for, or those of competitors. As an exception, you may provide informational responses to support requests or other inquiries directed to you within the reviews or comments section of your Applet listing.

A Review must evaluate the Applet itself and not be an evaluation of the underlying product with which the Applet integrates or functions.

Reviews or comments unrelated to the relevant Applet are prohibited – for example, discussing Bigledger’s employees, business or stock, or those of other companies, or unrelated products or services.

Bigledger Rights

Bigledger reserves the right, in its sole discretion and for any reason at any time, to remove or edit any review or comment on the Akaun.com Marketplace. Bigledger does not claim ownership of the content of reviews or comments you post on the Akaun.com Marketplace. However, you hereby grant Bigledger a nonexclusive, worldwide, irrevocable, perpetual, transferable, sublicensable (through multiple tiers), fully paid-up, royalty-free license to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform and publicly display that content (in whole or in part) and to incorporate it into other works in any format or medium now known or later developed, and to permit others to do so.

Your Responsibilities

Representations and Warranties

You (including anyone acting on your behalf) represent and warrant that you have all necessary right, power and authority (i) to enter into and be legally bound by these Terms of Use, (ii) to place any Orders, and (iii) and to authorize Vendors to access and use your data and information, all without violation of any other agreements or policies.

Compliance with Law and Reservation of Rights
You must use the Akaun.com Marketplace and Marketplace Applet in compliance with all applicable laws.

Indemnification

You agree to indemnify, defend (at Bigledger’s request) and hold Bigledger, its affiliates, and its and their officers, agents and employees harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs) arising out of your violation of these Terms of Use or the applicable Vendor Terms, your violation of any rights of a third party, or any content you submit to or publish on the Akaun.com Marketplace. You may not settle any such claim without Bigledger’s prior written consent.

Term and Termination

For Cause

Your rights hereunder will automatically terminate upon your failure to comply with any of the provisions in these Terms of Use. In case of such termination, you must cease all use of the Akaun.com Marketplace, and Bigledger may immediately revoke your access to the Akaun.com Marketplace without notice to you and without refund of any purchases.

Discontinuation of Marketplace

Bigledger may terminate these Terms of Use without notice to you if Bigledger, in its discretion, discontinues the Akaun.com Marketplace.

Effect on Applets

If these Terms of Use terminate, your rights to use any previously obtained Applets will survive in accordance with the applicable Vendor Terms.

Important Disclaimers and Limitations of Liability

Third Party Applets

A significant portion of the Marketplace Applets in the Akaun.com Marketplace are provided by parties other than Bigledger. Third party Vendors are solely responsible for their Applets and any related content or materials included in their Applets. Bigledger has no liability or responsibility whatsoever for any Third Party Applets, including their accuracy, reliability, availability, security, data handling, data processing, completeness, usefulness or quality, even if Bigledger is hosting such an Applet. These disclaimers apply even if an Applets complies with Bigledger’s guidelines for Third Party Applets (located on Bigledger’s web properties), and even if Bigledger has reviewed, certified, or approved the Third Party Applet or the Vendor participates in any one of Bigledger’s Applet programs. Any use of Third Party Applets is at your sole discretion and risk. Vendors are solely responsible for ensuring that any information they submit in connection with any Applet Program is accurate, complete and correct, and Bigledger is not responsible for the standards or business practices of any third party Vendor (whether support, availability, security or otherwise), even if the Vendor participates in an Applet Program. You should always independently verify that any Third Party Applets or Vendor business practices meet your needs. In addition, Bigledger is not responsible for any third party websites to which the Akaun.com Marketplace links or their terms of use or privacy policies. You should use your discretion when visiting third party websites.

Removal of Applets

At any time, Bigledger may remove an Applets from the Akaun.com Marketplace in accordance with its applicable policies, and Vendors may also update, modify or remove their own Applets at any time.

Interoperability

Bigledger makes no guarantee that any Applets will work properly with Bigledger Products or that Applets will continue to work with Bigledger Products as they change over time. Some Applets rely on hosted or cloud services provided by the Vendor or third parties, and these Applets may not function properly or may become inoperable if those services are discontinued.

Disclaimer of Warranties

To the maximum extent permitted by law, Bigledger offers the Akaun.com Marketplace and all Third Party Applets “AS IS” and “AS AVAILABLE”, and Bigledger hereby disclaims all warranties, whether express, implied or statutory, including but not limited to any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, relating to the Akaun.com Marketplace or this Agreement. You may have other statutory rights, in which case the duration of any statutory warranties will be limited to the maximum extent permitted by law.

Limitations of Liability

To the maximum extent permitted by law, in no event will Bigledger be liable for any direct, indirect, consequential, special, exemplary, punitive or other liability related to the Akaun.com Marketplace or any Third Party Applets, including for any loss of use, lost or inaccurate data, failure of security mechanisms, interruption of business or costs of delay. If the foregoing disclaimer of direct damages is not enforceable at law for any reason, in no event will Bigledger’s aggregate liability to you under these Terms of Use exceed the greater of (1) the amount you paid to Bigledger for the Third Party Applet related to your claim, or (2) fifty dollars (US$50).

Disclaimers and Limitations of Liability for Bigledger Applets

Disclaimer of Warranties and Limitations of Liability do not alter the disclaimers or limitations of liability for Bigledger Applets in the Bigledger Terms, which continue to fully apply.

Basis of Bargain; Failure of Essential Purpose

Bigledger entered into these Terms of Use relying on the limitations of liability, disclaimers of warranty and other provisions relating to allocation of risk herein, and you agree that such provisions are an essential basis of the bargain between the parties. You agree that the waivers and limitations specified regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose.

Bigledger Affiliates and Contractors

You acknowledge and agree that Bigledger’s affiliates, contractors and service providers may exercise all rights of Bigledger under these Terms of Use, and that all limitations of liability and disclaimers in these Terms of Use apply fully to and benefit Bigledger’s affiliates.

Dispute Resolution; Governing Law

Informal Resolution
In the event of any controversy or claim arising out of or relating to these Terms of Use, the parties will consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of sixty (60) days, either party may pursue relief as may be available under these Terms of Use pursuant to Governing Law; Jurisdiction. All negotiations pursuant to this Section will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence of applicable legislation and jurisdictions.

Governing Law; Jurisdiction

These Terms of Use will be governed by and construed in accordance with the applicable laws of Malaysia, without giving effect to the principles of that State relating to conflicts of laws. Each party irrevocably agrees that any legal action, suit or proceeding arising out of or related to these Terms of Use must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the State or Federal court in Malaysia, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in Malaysia, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party.

Injunctive Relief; Enforcement

Notwithstanding the provisions of Informal Resolution and Governing Law; Jurisdiction, nothing in these Terms of Use will prevent Bigledger from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.

General

Changes to Terms

Bigledger may modify these Terms of Use at its sole discretion by posting the revised terms on the Akaun.com Marketplace. You may be required to click to agree to the modified Terms of Use in order to continue using the Marketplace, and in any event your continued use of the Akaun.com Marketplace (including any future Orders) after the effective date of the modifications constitutes your acceptance of the modified terms. For clarity, the version of these Terms of Use in place at the time of your Order will apply for purposes of that Order.

Reporting Copyright and Trademark Violations

If you believe that any content in the Akaun.com Marketplace violates your copyright, please follow the process described at Reporting Copyright and Trademark Violations.

Contact Information
For communications concerning these Terms of Use (other than copyright and trademark), please write to suppor@bigledger.com. Bigledger may send you notices through your Akaun.com account or to your email address that is on file with Bigledger.

Entire Agreement
These Terms of Use constitute the entire agreement between the parties with respect to their subject matter and supersedes any and all prior or contemporaneous agreements between the parties with respect to their subject matter.

Interpretation
If any provision of these Terms of Use is held invalid by a court with jurisdiction over the parties to these Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect. Bigledger’s failure to enforce any provision of these Terms of Use will not constitute a waiver of Bigledger’s rights to subsequently enforce the provision. In these Terms of Use, headings are for convenience only and terms such as “including” are to be construed without limitation.

Assignment
You may not assign or transfer these Terms of Use. Bigledger may freely assign, transfer and delegate its rights and obligations under these Terms of Use.

No agency
Nothing in these Terms of Use or any Order is intended to, or shall be deemed to, make Bigledger your agent, or authorize Bigledger to make or enter into any commitments for you or on your behalf.

Export Laws and Regulations
You may not use or otherwise export or re-export the Marketplace Applets except as authorized by Malaysia law and the laws of the jurisdiction in which the Applet was obtained. You agree not to use or provide the Applets for any prohibited end use, including to support any nuclear, chemical, or biological weapons proliferation, or missile technology, without the prior permission of the Malaysia government.