These Terms of Use constitute a legally binding agreement between Panda Software House Sdn Bhd ("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:
- "Terms of Use" refers to this agreement governing the use of the Website and Services.
- "Panda" refers to Panda Software House Sdn Bhd.
- "Website" refers to evp.my and all associated systems and services.
- "Services" refers to any tools, platforms, systems, modules, integrations, or support provided via the Website.
- "Subscription Term" refers to the agreed duration of service usage.
- "Account" refers to a unique account created to access the Services.
- "Third-party Services" refers to external services, APIs, or systems not controlled by Panda.
- "User" refers to any authorised individual or entity using the Services.
- "Data" refers to all data, content, or information submitted, uploaded, or processed through the Website.
2. User Account
- Users must provide accurate, complete, and up-to-date information when creating an Account. Failure to do so may result in suspension or termination.
- Users are responsible for maintaining the confidentiality of their login credentials and all activities under their Account.
- Users must immediately notify Panda of any unauthorised access or security breach.
- Users shall not use names that infringe on third-party rights, impersonate others, or are offensive, obscene, or misleading.
3. Access and Use of Services
- The Website operates on a self-service model. Users are responsible for managing and verifying their Data.
- 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.
- Users are solely responsible for the accuracy, legality, and integrity of their Data.
4. Data Security and Privacy
- Panda complies with applicable Malaysian data protection laws, including the Personal Data Protection Act 2010.
- Reasonable administrative, technical, and physical safeguards are implemented to protect User Data.
- Users may refer to our Data Privacy Policy at https://evp.my/.
5. Commercial Terms
- Services are provided on a subscription basis unless otherwise agreed.
- Official quotations will be issued for all paid Services.
- Panda reserves the right to suspend or terminate Services for overdue payments.
- Fees may be revised with at least three (3) months' prior written notice, subject to mutual agreement.
- Taxes will be applied in accordance with Malaysian laws and regulations.
- 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, or use Panda trademarks without prior written consent.
7. Third-party Services
- The Website may integrate with or link to Third-party Services.
- Panda is not responsible for Third-party Services content, security, availability, or privacy practices.
- Use of Third-party Services is at the User's own risk.
8. Modifications and Termination
- Panda reserves the right to modify or discontinue the Website or Services, and to suspend or terminate Accounts for violations.
- 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, including 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. Contact Information
For enquiries regarding these Terms: hello@evp.my
13. Data Integration & Responsibility
- The Website may support integration with external systems, including accounting systems, EDI platforms, and third-party applications.
- Users are responsible for ensuring accuracy of all submitted or integrated data, compliance with required file formats and specifications, and proper validation before submission.
- Panda shall not be responsible for errors originating from third-party systems, incorrect data input by Users, or failures due to incompatible formats or external system changes.
- Users remain responsible for compliance with their internal accounting, audit, and regulatory requirements.