Terms and Conditions

General Terms of Use

Date: 25thJuly 2019 v.1.0

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 (“General Terms of Use”) of PSERV360’s website (“Website”) and the services provided herein (“Services”). By accessing this Website the user or visitor (“Users”, “your” or “you”) agrees to be legally bound by this General Terms of Use without limitation or qualification.

Users to this Website may include general visitors to the Website, SAP end-user entities or prospective SAP end-user entities, recruitment/resource agencies or individual/freelance consultants.

For Hirers

By using PSERV360 as a Hirer i.e. an SAP end-user or prospective SAP end-useror Resource Agency, you also agree with PSERV360’s Hirer’s Terms of Service (“Hirer’s Terms of Service”) and related policies. (click here to view)

For Service Providers

By using PSERV360 as a Service Provider i.e. Freelancer or Resource Agency, you also agree with PSERV360’s related Service Provider’s terms of service as follows:-

a) For Resource Agency Service Provider Terms of Service (“RASP Terms of Service”) and related policies. (click here to view); or

b) For Freelancer Service Provider Terms of Service (“FSP Terms of Service”) and related policies (click here to view).

The General Terms of Use, Hirer’s Terms of Service, RASP Terms of Service, FSP Terms of Service, various policies and any special terms and conditions may be referred to collectively as the “Agreement”.

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

    1. General

1.1 PSERV360 is a website intended to facilitate the business community in meeting its need for SAP and related resources and services (“Purpose”). All information on this Website is general information intended for this Purpose.

1.2 To facilitate the effectiveness of this Website, we require the cooperation of the business community using 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.

1.3 This General Terms of Use and related policies are in the English language only. Any attempted translations are not recognized by PSERV360.

1.4 This General Terms of Use and other related documents available through this links on this page contains the complete and entire understanding and agreement between you and PSERV360 and supersedes any previous communications, representations, or agreements, verbal or written, related to PSERV360, this Website and/or the Services.

1.5 PSERV360 reserves the right to change this General Terms of Use from time to time. Changes will be posted on this Website and your use of this Website after such changes have been posted will constitute agreement and acceptance to the modified General Terms of Use and all of the changes thereto. 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.

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

1.7 In this Agreement, unless the context otherwise requires::

(a) words of any gender include the other gender;

(b) words using the singular or plural number also include the plural or singular number, respectively;

(c) the terms “hereof”, “herein”, “hereby”, “hereto” and similar words refer to this entire Agreement or respective terms of service and policies and not to any particular Clause or any other subdivision of this Agreement;

(d) a reference to a “Clause” is to a Clause in the respective terms of service of this Agreement;

(e) 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;

(f) 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;

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

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

(i) 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;

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

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

(l) 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;

(m) 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;

(n) reference to “this Agreement” or any other terms of service 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;

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

(j) reference to documents or other instruments include all amendments and replacements thereof and supplements thereto;

(k) reference to persons include their successors and any permitted transferees and assigns; and

(l) no rule of construction shall apply to the detriment of any Party by reason of that Party having control and/or was responsible for the preparation of this Agreement or any part thereof.

1.8     All words used herein which are not defined may be referred to in the “Definition/Glossary” (click here to view).

  1. Proprietary Rights

2.1  Unless specifically stated on this Website, this Website, all the Content including all design and logos posted as well as the source code and the User Content is the sole property of PSERV360 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 PSERV360.

2.2 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.

2.3 Except for the limited, revocable and non-exclusive license granted to you in this General Terms of Use and all other related terms of services and policies of PSERV360 (as applicable), PSERV360 reserves for itself and its licensors all other rights, title and interest.

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

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

2.4.2 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:

a) copying or adapting the HTML, code used to generate web pages on the Website;

b) 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);

c) agreeing, 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

d) the use of the Content and the User Content on any other website or in a networked computer environment for any purpose.

2.5 This Website and the Content are not considered to be 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 PSERV360. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content and the User Content on any authorised copy of the Content or the User Content.

2.6 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, the User Content or any other downloaded content from this Website.

2.7 Names, marks and logos of all other products, services and companies mentioned on this Website that is not owned by PSERV360 may be the trademarks of their respective owners.

3. Content of this Website

3.1 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, feedback column, questionnaires, links or other items and materials found on this Website and their arrangement thereof (“Content”), solely for the Purpose.

3.2 PSERV360 reserves the right, at its sole discretion, to change or update the information, material, functions, contents of this Website at any time without prior notice.

3.3 PSERV360’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 will be a breach of intellectual property rights.

3.4 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, 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”) is true, accurate, complete and not misleading, fraudulent, libellous, defamatory, obscene, pornographic, abusive, able to damage or interfere with any system data or personal information through computer viruses or computer programming, or which creates liability for PSERV360, is propaganda of a political, seditious or racist nature, or otherwise violates any law or infringes or violates any rights of PSERV360 any other person or entity. You hereby grant to PSERV360 and this Website, the right to use any information posted or provided by you solely for the Purposes related to this Website.

3.5 In addition to our rights herein, PSERV360 reserves the right to refuse service, refuse access to this Website and/or remove or edit content, for any reason, in our PSERV360’s discretion without prior notice.

3.6 You are requested to provide accurate company and personal contact information in the fields provided when communicating with PSERV360’s support team or customer service centre. If any information is found to be incorrect PSERV360 shall not be responsible for any inaccurate replies, misinformation or any failure to obtain a reply from us.

4. Quick Assessment Recommendation (QAR)

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

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

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

4.4 The QAR exercise is an ex-gratia basic service that may be provided by PSERV360 to new SAP end-users or prospective SAP end-users. In the event of complexity of the project/ or consultant service sought a representative from PSERV360 may contact the end-user or prospective end-user directly for further information.

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

 5. Privacy policy

5.1 Click here to viewthe portal’s data protection and privacy policy.

6. Warranties And Liability

6.1 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 with regards to this Website, the Content and/or the User Content and is not responsible in anyway except for fraudulent misrepresentations done solely and directly by PSERV360.

6.2 PSERV360 shall not be liable due to any force majeure event including default arising due to 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.

7. Indemnity

7.1 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 assigns, 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.

8. Termination and Suspension

8.1 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 assigning any reason, warning or notice. For reference only, 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.

9. Promotions

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

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

9.3 Any promotional rates, rebates, duration and method of calculation and payment are at the sole discretion of PSERV360 and any disputes or request for different terms will not be entertained by PSERV360.

9.4 Each promotion and partner programme is subject to specific terms and conditions outlined and provided by PSERV360 via email or by any other 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 term and conditions may be varied at any time by PSERV360 without prior notice to the qualified user or partner.

10. Links from the Website or other websites

10.1 This Website contains hyperlinks to websites, including those of the which may or may not be maintained by PSERV360. Your usage of each website is based on the websites’ respective terms of use, even if the website is managed/maintained by PSERV360, its affiliates, subsidiaries, parent or holding company.

10.2 PSERV360 is not responsible for the contents of those websites that are not maintained/managed by PSERV360 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.

10.3 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.

10.4 Hyperlinks to other websites are provided as a convenience. In no circumstances shall PSERV360 be considered to be associated or affiliated with any trade or service marks, logo, insignia or other devices used or appearing on websites to which this PSERV360 Website is linked to which is not managed/maintained by PSERV360.

11. Links to the Website from other website

11.1 Except as set forth below, caching and links to and the framing of this Website or any of the Contents and the User Content are prohibited.

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

11.3 Unless specifically acknowledged by PSERV360, in no circumstances will PSERV360 be considered to be associated or affiliated in whatever manner 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.

11.4 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.

12. Law and Jurisdiction

12.1 This Website and 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 are 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.

12.2 PSERV360 makes no representation that 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.

13. Miscellaneous

13.1 The failure of PSERV360to exercise or enforce any right or provision of the terms 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.

13.2 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 unenforceable provision 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 the General Terms of Use and/or the other terms of services and/or policies of this Websiteshall continue in full force and effect.

13.3 You agree that the General Terms of Use, the other terms of services and policies of this Website may be automatically assigned by PSERV360 to a third party including but not limited to a merger, acquisition or internal reorganisation.

13.4 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 enquiry@pserv360.com with your queries including with regards to any country specific information you require.