TERMS OF USE (EVP.MY)

These Terms of Use constitute a legally binding agreement between Panda Eco System Group of Companies ("Service Provider", "Panda", "we", "our", or "us") and any individual or entity ("Customer", "User", or "you") accessing or using the services provided via evp.my (the "Website").

By accessing or using the Website and Services, you agree to be bound by these Terms of Use.

1. Definitions

For the purposes of these Terms of Use:

i. "Terms of Use" refers to this agreement governing the use of the Website and Services.
ii. "Panda" refers to Panda Eco System Group of Companies.
iii. "Website" refers to evp.my and all associated systems and services.
iv. "Services" refers to any tools, platforms, systems, modules, integrations, or support provided via the Website.
v. "Subscription Term" refers to the agreed duration of service usage.
vi. "Account" refers to a unique account created to access the Services.
vii. "Third-party Services" refers to external services, APIs, or systems not controlled by Panda.
viii. "User" refers to any authorised individual or entity using the Services.
ix. "Data" refers to all data, content, or information submitted, uploaded, or processed through the Website.

2. User Account

i. Users must provide accurate, complete, and up-to-date information when creating an Account. Failure to do so may result in suspension or termination.

ii. Users are responsible for maintaining the confidentiality of their login credentials and all activities under their Account.

iii. Users must immediately notify Panda of any unauthorised access or security breach.

iv. Users shall not use names that:
- Infringe on third-party rights
- Impersonate others
- Are offensive, obscene, or misleading

3. Access and Use of Services

i. The Website operates on a self-service model. Users are responsible for managing and verifying their Data.

ii. By submitting Data, Users grant Panda and its authorised personnel the right to access such Data for:
- Technical support
- Incident investigation
- Maintenance and system improvements

iii. Users are solely responsible for the accuracy, legality, and integrity of their Data.

4. Data Security and Privacy

i. Panda complies with applicable Malaysian data protection laws, including the Personal Data Protection Act 2010.

ii. Reasonable administrative, technical, and physical safeguards are implemented to protect User Data.

iii. Users may refer to our Data Privacy Policy at:
https://tnc.evp.my/privacy-policy

5. Commercial Terms

i. Services are provided on a subscription basis unless otherwise agreed.

ii. Official quotations will be issued for all paid Services.

iii. Panda reserves the right to suspend or terminate Services for overdue payments.

iv. Fees may be revised with at least three (3) months’ prior written notice, subject to mutual agreement.

v. Taxes will be applied in accordance with Malaysian laws and regulations.

vi. For free trials or proof of concept (POC), Panda may terminate access if Users do not proceed with agreed terms.

6. Intellectual Property

All intellectual property rights in the Website and Services (excluding User Data) remain the exclusive property of Panda and its licensors.

Users shall not:
- Copy, modify, distribute, or reverse engineer the Website
- Use Panda trademarks without prior written consent

7. Third-party Services

i. The Website may integrate with or link to Third-party Services.

ii. Panda is not responsible for:
- Content
- Security
- Availability
- Privacy practices

iii. Use of Third-party Services is at the User’s own risk.

8. Modifications and Termination

i. Panda reserves the right to:
- Modify or discontinue the Website or Services
- Suspend or terminate Accounts for violations

ii. Continued use after updates constitutes acceptance of revised Terms.

9. Limitation of Liability

To the maximum extent permitted by law:

Panda shall not be liable for:
- Indirect, incidental, or consequential damages
- Loss of data, profits, or business opportunities

10. Governing Law

These Terms are governed by the laws of Malaysia.

All disputes shall be subject to the exclusive jurisdiction of Malaysian courts.

11. Changes to Terms

Panda may revise these Terms at any time.

Updated Terms will be published on:
https://tnc.evp.my/

Continued use of the Website constitutes acceptance of revised Terms.

12. Data Usage and Sharing

The Customer acknowledges and agrees that Panda may collect, use, analyse, and share transaction data processed through the Services ("Transaction Data"), including but not limited to purchase orders, goods receipts, invoices, and related records, for the following purposes:

- improving and enhancing the Services;
- developing new features, products, or offerings;
- supporting fraud prevention, compliance, and security measures; and
- enabling value-added services, including but not limited to loyalty and rewards programmes, supplier financing, invoice discounting (where applicable), market insights, and other financial-related services.

Panda may share such Transaction Data with its affiliates and selected third-party partners, provided that such sharing complies with applicable data protection laws, including the Personal Data Protection Act 2010.

Where Transaction Data includes personal data, Panda will ensure that such sharing is subject to appropriate safeguards in accordance with our Privacy Policy available on evp.my.

All Transaction Data shared will be handled subject to strict confidentiality obligations.

13. Contact Information

For enquiries regarding these Terms:
📧 hello@evp.my

14. Data Integration & Responsibility

i. The Website may support integration with external systems, including accounting systems, EDI platforms, and third-party applications.

ii. Users are responsible for ensuring:
- Accuracy of all submitted or integrated data
- Compliance with required file formats and specifications
- Proper validation before submission

iii. Panda shall not be responsible for:
- Errors originating from third-party systems
- Incorrect data input by Users
- Failures due to incompatible formats or external system changes

iv. Users remain responsible for compliance with their internal accounting, audit, and regulatory requirements.