Terms and Conditions

Date: 18thSeptember 2019

 

General Terms of Use

Thank you for visiting PServ360. This website is owned and operated by Vantage Point Consulting Sdn Bhd (“Vantage”, “PSERV360”, “we” or  “us”) trading as PSERV360. The information and services on this Website is subject to this General Terms of Use (“GeneralTerms of Use”) of PServ360’s website (“Website”) and the services provided herein (“Services”).

 

Please read these terms and conditions carefully. By accessing this Website and/or using the services provided, the user or visitor (“User”, “your” or “you”) agrees that they have read, understood, accepted and agreed to be legally bound by this General Terms of Use without limitation or qualification. This General Terms of Use constitute a legal agreement between you and Vantage. In order to use the Website, you must agree to the General Terms of Use that are set up below. By using the Website, which overall purpose is to facilitate provision of SAP and related resources and services between persons and/or corporations seeking such services (“Hirer”) and third party service providers (‘Service Providers”), you hereby expressly acknowledge and agree to be bound by this General Terms of Use, and any future amendments to the same.

 

For Hirers

 

By using PSERV360 as a Hirer e.g. an SAP end-user or prospective SAP end-useror resource agency, you also agree to be bound by PSERV360’s Hirer’s Terms of Service (“Hirer’s Terms of Service”) and related policies. (click hereto view)

 

For Service Providers

 

By using PSERV360 as a Service Provider e.g. freelancer or resource agency, you also agree to be bound by PSERV360’s related Service Provider’s terms of service as follows:-

 

  1. Resource Agency Service Provider Terms of Service (“RASP Terms of Service”) and related policies (please click hereto view); or

 

  1. Freelancer Terms of Service (“Freelancer Terms of Service”) and related policies. (please click hereto view).

 

The General Terms of Use, Hirer’s Terms of Service, RASP Terms of Service, Freelance Terms of Service, and all other policies and/or special terms and conditions will be referred to collectively as the “Agreement”.

 

IF YOU DO NOT AGREE WITH THIS GENERAL TERMS OF USE OR TO THE AGREEMENT PLEASE IMMEDIATELY DISCONTINUE ACCESS AND USAGE OF THIS WEBSITE AND/OR THE SERVICES.

 

  1. General

 

  • PSERV360 is a website intended to facilitate provision of SAP, and other related resources and services, between Hirers and Service Providers (“Purpose”). All information on this Website is general information intended for this Purpose.

 

  • To facilitate the effectiveness of this Website, we require the cooperation of the users of this Website. You are required to be mindful of all content posted or uploaded including its relevancy and accurateness. In the event you come across information that is inappropriate to the Purpose, lewd, pornographic, etc we seek your cooperation to contact our customer service with the relevant details for our further action.

 

  • This General Terms of Use and related policies are in the English language only. Any attempted translations are not recognized by Vantage.

 

  • This General Terms of Use and other related documents comprising of the Agreement available through the links on this page contain the complete and/or entire understanding and agreement between you and Vantage and supersede any previous communications, representations, or agreements, verbal or written, related to Vantage, this Website and/or the Services.

 

  • Vantage reserves the right to amend and/or modify this General Terms of Use, its policies and/or other special terms and conditions relating to the Services from time to time as it deems fit. Amendments and/or modifications will be posted on this Website, and shall be effective upon the posting of said amended and/or modified General Terms of Use, policies and/or other special terms and conditions. Your use of this Website after such amendments and/or modifications have been posted will constitute agreement and acceptance to the amended and/or modified General Terms of Use and/or policies. As such, we recommend that you regularly check this General Terms of Use and all links thereto to be aware of your rights and responsibilities.

 

  • We grant you a limited, revocable, non-transferrable, and non-exclusive licence to access and make use of the Website for yourself or the corporate, business, or partnership entity that you are employed in solely for the Purpose.

 

  • In the Agreement, unless the context otherwise requires::

 

  • wordsof any gender include the other gender;

  • words using the singular or plural number also include the plural or singular number, respectively;

 

  • the terms “hereof”, “herein”, “hereby”, “hereto” and similar words refer to this entire Agreementand not to any particular Clause or any other subdivision of this Agreement;

 

  • a referenceto a “Clause” is to a Clause in this Agreement;

 

  • the words“include(s)” or “including” shall be deemed to be followed with “without limitation” or “but not limited to” whether or not they are followed by such phrases or words of like import;

 

  • reference to any statute or statutory provision shall be construed as a reference to the same as it may have been, or may from time to time be, amended, modified or re-enacted;

 

  • any reference to an “approval” is a reference to an approval in writing and “approved” shall be construed accordingly;

 

  • any reference to an “amendment” includes any variation, deletion or addition and “amend” and “amended” shall be construed accordingly;

 

  • any reference to “indebtedness” includes any obligation (whether present or future, actual or contingent, secured or unsecured, as principal or surety or otherwise) for the payment or repayment of money;

 

  • any reference to “law” includes any constitution, decree, judgement, legislation, order, ordinance, regulation, statute, treaty, by-law or other legislative measure;

 

  • any reference to a “day”, “week”, “month” or “year” is to that day, week, month, or year in accordance with the Gregorian calendar;

 

  • if any period of time is specified from a given day or a day of a given act or event is specified, it is to be calculated not including of that day and if any such specified period of time or a day of a specified given act or event falls on a day which is not a Working Day, then such period of a specified time or a specified day of a given act or event is deemed to be on the next Working Day;

 

  • any reference to “pay” or its cognate expressions includes payment made in cash or by way of bank draft (drawn on a bank licenced to carry on banking business under the provisions of Financial Services Act 2013) or effected through inter-bank transfers (i.e. telegraphic transfer or online transfers) to the account of the payee giving the payee access to available fund;

 

  • reference to “this Agreement” or any other agreement or document shall be construed as a reference to such agreement or document as amended, modified or supplemented and in effect from time to time and shall include a reference to any document which amends, modifies or supplements it, or is entered into, made or given pursuant to or in accordance with its terms;

 

  • headings and sub-headings shall not be deemed parts of this Agreement or be taken into consideration in the interpretation or construction hereof;

 

  • referenceto documents or other instruments include all amendments and replacements thereof and supplements thereto;

 

  • referenceto persons include their successors and any permitted transferees and assigns; and

 

  • no rule of construction shall apply to the detriment of any Party by reason of that Party having controland/or was responsible for the preparation of this Agreement or any part thereof.

 

  1. Proprietary Rights

 

  • Unless specifically stated on this Website, this Website, all the content therein including all design and logos posted as well as the source code (“Content”), and all user content (as defined in Clause 3.4below) are the sole property of PSERV360 and/or its licensors and are protected by Malaysian and/or foreign copyright, trademark, and other related laws. All rights, title and interest in the Content are owned by, licensed to or controlled by Vantage.

 

  • The “look” and “feel” of this Website (including colour combination, button shapes, layout design and all other graphical elements) are also protected by PSERV360 trademarks, service marks and copyrights. Any reproduction of this Website in whole or part is strictly prohibited.

 

  • Except for the limited, revocable, non-transferrable, and non-exclusive license granted to you in the Agreement, PSERV360 reserves for itself and its licensors all other rights, title, and interest.

 

  • Without limitation on the foregoing, you may not:-

 

  • reproduce, modify, display, sell or distribute in whole or part this Website, the Content, or the User Content;

 

  • use this Website, the Content or the User Content in any other way for public or commercial purpose other than for the intended Purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes:

 

  1. copying or adapting the HTML code used to generate web pages on the Website;
  2. using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape”, “crawl” or “spider” any web pages or any services provided on this Website other than the search engine available from PSERV360 for this Website and other generally available 3rdparty web browsers (e.g. Internet Explorer, Chrome, Edge, Firefox, Safari, etc);

 

  1. copying or duplicating in any manner any of the Content, User Content or information available from this Website, without the express written consent of PSERV360; and

 

  1. downloading, saving and/or uploading the Content and the User Content on any other website or in a networked computer environment for any purpose.

 

  • This Website and the Content are not to be considered works for hire and you may duplicate such PSERV360 materials only for the purposes outlined in this General Terms of Use and the other related Terms of Services as applicable. The PSERV360 design logo and certain other names or logos are service marks or trademarks or PSERV360 and all related product and service names, design marks and slogans are the service marks or trademarks of  You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content and User Content on any authorised copy of the Content or User Content.

 

  • You agree that in using this Website and the Services, and/or viewing the Content, the User Content or other copyrighted content, you do not acquire any ownership rights (whether intellectual property rights or proprietary rights) in this Website, the Services, the Content, User Content, or any other downloaded content from this Website.

 

  • Names, marks, and logos of all other products, services, and companies mentioned on this Website that are not owned by Vantage may be trademarks of their respective owners.

 

  1. Content of this Website

 

  • You shall use this Website, the Services, and any content, material and information on this Website including but not limited to services, products, information, databases, text, documents, organisation layouts, images, graphics, designs, compilation, photographs, pictures, drawings, audio and sound recordings, video, animation, links or other items and materials found on this Website and their arrangement thereof (“Content”), solely for the Purpose.

 

  • PSEREV360 reserves the right, at its sole discretion, to amend or update the information, material, functions, and/or contents of this Website at any time without prior notice.

 

  • PSEREV360’s official social media platforms or links may be reposted in whole without any modification or alteration by any user for purposes that are consistent with the intention of this Website. Any attempt to modify or alter the content therein will be a breach of intellectual property rights.

 

  • You shall ensure that any material or information of any kind including but not limited to registration information, job postings, personal information, documentation including but not limited to company certificates, educational certificates, profiles, resumes, curriculum vitae and photos, feedback column and completed questionnaires of PSERV360 which you upload to, distribute to, disseminate through, or that you make available through this Website by any means (“User Content”) are true, accurate, complete and not misleading, not fraudulent, not libellous, not defamatory, not obscene, not pornographic, not abusive, unable to damage or interfere with any system data or personal information through computer viruses or computer programming, will not create any liability for Vantage, not propaganda of a political, seditious or racist nature, and/or do not otherwise violate any law or infringe or violate any rights of Vantage any other person or entity. You hereby grant to Vantage and this Website, the right to use any information posted or provided by you solely for the Purposes related to this Website.

 

  • In addition to our rights herein, Vantage reserves the right to refuse service, refuse access to this Website and/or remove or edit content, for any reason, in our sole discretion without prior notice.

 

  • You are requested to provide accurate company and personal contact information in the fields provided when communicating with Vantage’s support team or customer service centre. If any information is found to be incorrect, Vantage shall not be responsible for any inaccurate replies, misinformation, or any failure to obtain a reply.

 

  1. Quick Assessment Recommendation (QAR)

 

  • PSERV360 provides a quick assessment exercise to assist end-users or prospective end-users of SAP with their projects or required services.

 

  • It is a pre-requisite that any end-users or prospective end-users intending to take advantage of this facility must register with PSERV360 and provide accurate information about the end-user or prospective end-user and the project. You are required to complete the PSERV360 QAR questionnaire as accurately as possible.

 

  • The PSERV360 QAR questionnaire is the copyright of Vantage and shall not be reproduced in whole or in part for any reason whatsoever.

 

  • The QAR facility is an ex-gratia service that may be provided by PSERV360 to new SAP end-users or prospective SAP end-users. In the event clarification of the project and/or consultancy service sought is needed, a consultant from PSERV360 may contact the end-users or prospective end-users directly for further information.

 

  • PSERV360 bears no responsibility for any report and/or advice given and does not warrant or guarantee that any report given is complete, accurate or correct. There are many factors that may cause the outcome of the report or advice to vary, which are beyond the knowledge and ability of PSERV360 to gauge. These include changes of business environment/landscape, work culture of user and/or other parties, as well as activities of 3rd The User is advised to conduct its own research before relying on said report or advice.

 

  1. Privacy policy

 

  • Click Here to view the portal’s data protection and privacy policy.

 

  1. Warranties And Liability

 

  • Effort is taken to ensure that the Content of this Website is appropriate and accurate (to the best of our knowledge) at the time of publishing, and is reviewed from time to time. However, PSERV360 gives no warranties in relation to this Website, the Content and/or the User Content therein. PSERV360 is also not responsible for the Content and/or User Content in any way.

 

  • PSERV360 is a platform website that does not, nor is it intended to, provide and/or administer SAP and related resources and services. The actual provision of SAP and related resources and services is solely carried out between the Hirer and Service Provider in question. PSERV360 is neither responsible nor liable for the acts and/or omissions of any Hirer and/or Service Provider.

 

  • PSERV360 shall not be liable due to any force majeure event including default arising from any act of God, war, terrorist action, strike, lockout, industrial action, embargoes, flood, tempest, drought,global network failure or any other event beyond our reasonable control.

 

  • PSERV360 makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Website and/or Services therein.

 

  • PSERV360 shall not be liable for any claim, loss, damage, costs or expenses incurred and/or suffered by you arising from your access and/or use of the Website and/or its Services.

 

  1. Indemnity

 

  • You hereby irrevocably agree and undertake to indemnify, hold harmless, defend and keep indemnified PSERV360 and its affiliates (including its parent company, subsidiaries and associated companies), directors, officers, employees, agents or assignees, third party content providers, or licensors, and their respective directors, officers, employees, agents or assigns and servants, from all liabilities, actions, claims, demands, proceedings, losses and expenses, including any legal fees that may be incurred by PSERV360, in connection with or arising from (a) your use or misuse of this Website and the Services, or (b) any breach of the General Terms of Use or other related terms of service and policies of this Website (as applicable) howsoever occasioned by you, or (c) any claim made by a third party against PSERV360 in connection with violation of any law or infringement of the rights of a third party, including but not limited to intellectual property rights or proprietary rights by you.

 

  1. Termination and Suspension

 

  • PSERV360 reserves the right to immediately restrict / block, terminate and/or suspend your access to and/or use of this Website and the Services, in whole or in part, at any time, for any reason at its sole discretion without the provision of reason(s), warning, or notice. In particular, and without limitation, PSERV360 may restrict / block your access to this Website and the Services should you violate any of the terms of this General Terms of Use and/or the other terms of services and policies of this Website, violate the law or infringe the rights of PSERV360, any other user of this Website, or of any third party.

 

  • For the avoidance of doubt, the termination of the Agreement and/or use of the Website or Services shall not require PSERV360 to compensate, reimburse or cover any costs incurred by you in the course of your use and/or access of the Website.

 

  1. Promotions

 

  • PSERV360 may provide promotions and partner programmes from time to time at its sole discretion.

 

  • Each promotion and partner programme will be communicated by PSERV360’s marketing team directly to the qualified user or partner.

 

  • Any promotional rates, rebates, duration, method of calculation, and payment are at the sole discretion of PSERV360. Any complaints, disputes or requests for better terms will not be entertained by PSERV360.

 

  • Each promotion and partner programme is subject to specific terms and conditions outlined and provided by PSERV360 via email or by any means whatsoever, which must be read with this General Terms of Use and/or the other terms of services of this Website, as applicable. These specific terms and conditions may be varied at any time by PSERV360 without prior notice to the user or partner.

 

  1. Links from the Website or other websites

 

  • This Website contains hyperlinks to websites, including those which may or may not be maintained by Vantage. Your usage of each website is based on the websites’ respective terms of use, even if the website is managed/maintained by Vantage, its affiliates, subsidiaries, parent or holding company.

 

  • PSERV360 is not responsible for the contents of any other website and shall not be liable for any damages or loss arising from access to those websites. Use of the hyperlinks and access to such websites are entirely at your own risk.

 

  • For hyperlinks linked to websites managed/maintained by PSERV360, its affiliates, subsidiaries, parent or holding company any claim for loss or damage is based on the terms of use of that respective website only.

 

  • Hyperlinks to other websites are provided as a convenience. In no circumstances shall Vantage be considered to be associated or affiliated with any trade or service marks, logo, insignia or other devices used or appearing on websites linked to this Website.

 

  1. Links to the Website from other website

 

  • Except as set forth in this General Terms of Use, caching and links to and the framing of this Website or any of the Contents and the User Content are prohibited.

 

  • You must secure the permission of PSERV360 prior to hyperlinking or framing this Website, the Contents, or the User Contents, and/or engaging in similar activities. PSERV360 reserves the right to impose conditions before permitting any hyperlinking to, or framing of this Website or any of its Contents.

 

  • Unless specifically acknowledged by PSERV360, in no circumstances will PSERV360 be considered to be associated or affiliated in any manner whatsoever with any trade or service marks, logos, insignia or other devices used or appearing on websites that link to the Website or any of the Contents.

 

  • PSERV360 reserves the rights to disable any links to, or frames of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful purposes/ topics/names/information in breach of any written law and disclaims any responsibility as a result thereof.

 

  1. Law and Jurisdiction

 

  • This Website, the General Terms of Use, other related terms of service and policies of this Website, and all special terms and conditions related to promotions and marketing by PSERV360 are governed by and to be construed in accordance with the laws of Malaysia. By accessing the website and/or using the Services, you hereby consent to the exclusive jurisdiction of the Malaysian courts.

 

  • Vantage makes no representation that the content, material, postings, or posting responses found on the Website (including but not limited to the Content, User Content and Services) are appropriate or available for use in jurisdictions other than Malaysia.

 

  1. Miscellaneous

 

  • The failure of PSERV360to exercise or enforce any right or provision(s) of this General Terms of Use and/or the other terms of services and/or policies of this Website, including acting with respect to a breach of the Agreement by you or any other user of the Website, shall not constitute a waiver of its right or any provision of this General Terms of Use and/or the other terms of services and/or policies of this Website.

 

  • If any part of the General Terms of Use and/or the other terms of services and/or policies of this Websiteis determined to be invalid or unenforceable pursuant to applicable law, then the invalid and/or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the other provisions of this General Terms of Use and/or the other terms of services and/or policies of the Agreement. In any event, the invalid and/or unenforceable term and/or policy shall be struck out and the remaining terms and/or policiesshall continue in full force and effect.

 

  • You agree that the General Terms of Use, the other terms of services and policies of this Websitemay be automatically assigned by PSERV360to a third party including but not limited to a merger, acquisition or internal reorganisation.

 

  • There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship intended to be created by this General Terms of Use and the other terms of services of this Website between PSERV360 and yourself.

 

In the event a user requires further clarification on the terms of use or policies, please contact our customer service centre at support@pserv360.com with your queries including with regards to any country specific information you require.