Terms of Service

Ascentso Sdn. Bhd. is pleased to offer You a range of Websites, Applications, software, training, content, products and services (collectively known as “Service”).

By accessing, utilizing, or enquiring Our Service, You acknowledge and agree to be bound by Our Terms of Service, which regulate the use of Our Services.

Your use of Ascentso’s Service is also subject to Our Privacy Policy, Cookie Policy, other Terms of Service or Terms of Use, which may vary across Our products and services and is available on respective Sites.

Please carefully read Our Terms of Service before using Our Service. If You have any questions or concerns about the terms, please Contact Us, and We will address Your query as soon as possible.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Terms of Use:

• Account means a unique User Account created for You to access Our Service or parts of Our Service.
• Application (“App” or “FootPrint by Ascentso”) refers to Our software programs or Services displayed on various online, mobile, or other platforms that allows Us to interact directly with Our Users.
• Ascentso (or “Company”, “We”, “Us”, or “Our”) full business registration name Ascentso Sdn. Bhd. with number 202101013455 (1413754-A) is a private limited Company incorporated under Companies Commission of Malaysia. We own and operate the Service and have control over the processing of Personal Data for commercial purposes related to Ascentso’s Service.
• Business refers to an organization or any other legal entity engaged in commercial activities.
• Claims refer to allegations of damages, injuries, liabilities, losses, or legal causes of action made by one party against another party.
• Consulting and Solution Service refers to the professional advisory and problem-solving assistance provided by Our Company to individuals or businesses seeking guidance in specific areas.
• Content refers to all formats of textual, visual, audio, interactive, data and analytics, user-generated, marketing and promotional, documentation and support materials.
• FootPrint by Ascentso (“FootPrint”) is a product brand of Ascentso, which is a digital platform and also online web portal connecting people with Restaurant & FootPrint F&B Partners.
• Infringement refers to unauthorized or unlawful acts that violate the intellectual property rights of others.
• Party (“party” or “parties”), in the context of an agreement, refers to an individual or entity involved in the contract and is bound by terms and obligations stated therein.
• Payment Processor is a third-party company that manages commercial transactions by securely transmitting payment data between the customer, merchant, acquiring bank, and issuing bank. 
• Privacy refers to the protection of personal information that is collected, used, or disclosed by Ascentso. Access Our Privacy Policy to learn more.
• Public Forums refers to Ascentso’s Sites and Apps which may offer message boards, conversation pages, blogs, chat rooms, social community environments, profile pages, and other forums that do not have a restricted audience. If You provide personal information when You use any of these features, that personal information may be publicly posted and otherwise disclosed without limitation as to its use by Us or by a third party.
• Sdn. Bhd. is the suffix used for Sendirian Berhad Company, which is a private limited business entity in Malaysia.
• Service refers to Applications, Websites, Consulting and Solutions, Trainings, newsletters, related social media pages and all services and products owned and operated by Ascentso.
• Service Provider is a third-party company or individual who processes Personal Data on behalf of Ascentso, to facilitate, provide, or analyze the Service, or perform other related services.
• Terms of Service refers to this legal agreement between Ascentso and Our customers, clients, Users, and visitors; outlining rules and conditions that govern the use of Ascentso’s Service. By accessing and using Our Service, You agree to follow these terms.
• Third Parties (or “Third-Party”) contracted by Ascentso refers to external entities that are hired or contracted by Us to provide goods or services. These parties are not directly affiliated with Our Company and are not part of Our organization. They may include contractors, suppliers, or other service providers who work on behalf of Our Company to fulfill specific functions or projects.
• Third-Party Social Media Service refers to any website or any social network website through which a User can log in or create an Account to use Our Service.
• User refers to an identity created for a person registered to use Our Website, Application or Service’ features and facilities.
• User Content refers to any content, information, or materials that a User submits, posts, or otherwise makes available on Our Platform and other public platforms, such as reviews, comments, ratings, images, or any other type of content.
• Website (“Site”) refers to websites operated by Ascentso, accessible at Ascentso.com and FootPrint.my.
• You refer to the individual or people visiting, accessing, or using Ascentso Service, or the company or other legal entity on behalf of which such individual is visiting, accessing, or using the Service, as applicable.

These terms and conditions govern the utilization of the Consulting and Solution Service provided by Our Company. By engaging in Our Consulting and Solution Service, You acknowledge that a direct contractual relationship is established between You and Our Company. Our role is to offer professional advice and problem-solving assistance, while ensuring that You receive accurate and relevant information. Payment for the Consulting and Solution Service may be subject to specific arrangements as agreed upon. Please note that the completion of the Consulting and Solution Service is contingent upon confirmation from both parties. In the event that You need to cancel or modify the Service, please inform Us promptly using the designated communication channels. It is important to be aware that certain conditions, such as pre-payment or cancellation fees, may apply depending on the nature of the engagement. Should You have any questions or concerns, please do not hesitate to Contact Us directly for further clarification or assistance.

These terms and conditions govern the use of the Training Service provided by Our Company. By enrolling in Our Training Service, You acknowledge the establishment of a direct contractual relationship between You and Our Company. Our role is to deliver professional training and educational programs, ensuring that You receive comprehensive knowledge and skills relevant to the designated training area. Payment for the Training Service is subject to specific arrangements as agreed upon. Please note that the successful completion of the Training Service is contingent upon the fulfillment of all program requirements. If You need to reschedule or cancel a training session, please notify Us promptly using the designated communication channels. Please be aware that certain conditions, such as rescheduling fees or cancellation charges, may apply depending on the nature of the training program.

By registering and attending Our Trainings, You agree to:

1. Cooperate with Ascentso and providing necessary information for the training.
2. Not recording or reproducing the training materials without written permission from Ascentso.
3. Ensuring compliance with technical requirements for online training and not uploading infringing or illegal content.
4. Providing access, training space, equipment, and necessary facilities when training is delivered at Your premise(s).

If You have any inquiries or concerns, please feel free to Contact Us directly for further assistance or clarification.

In order to provide Our Service to You, both parties (Ascentso and You) may access confidential information from the other party in order to fulfill obligations under this Agreement. However, confidential information does not include information that:

1. is publicly known, not due to the receiving party,
2. was lawfully possessed by the other party before disclosure,
3. is disclosed by a third party without any restriction,
4. is independently developed by the other party, as evidenced in writing.

Both parties agree to keep each other’s confidential information confidential and not to disclose it to any third party or use it for purposes other than the Agreement’s implementation, except as required by law.

If a party is legally required to disclose confidential information by law, a government or regulatory authority, or a court of competent jurisdiction, it may do so while providing the other party with as much notice as possible. The disclosing party will consider reasonable requests from the other party regarding the Content of such disclosure, to the extent permitted by law.

You acknowledge that Ascentso may use its information on an anonymous basis, including compiling and publishing reports.

The provisions of this Confidentiality clause will remain in effect even after the termination of the Agreement, regardless of the reason for termination.

If You have enquiries in regards of this Terms of Service, please Contact Us.

Within Our Service, We may offer On-Site and In-App purchases for Our products and services. In all online purchases of products and services, We may use third-party services for payment processing known as Payment Processors. 

We will not store or collect Your payment card details. That information is provided directly to Our third-party Payment Processors whose use of Your personal information is governed by their privacy policies. These Payment Processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information. 

We only honour payments made through Our Service, Sites & Apps paid to Payee’s Name: Ascentso Sdn. Bhd., which is the legal name of Our Company. Our authorized Payment Processors are as listed below: 

• Stripe – You may read more at Stripe Privacy Policy  
• PayPal – You may read more at PayPal Privacy Policy 

These terms govern the use of Ascentso’s Account Service. You may choose to visit Ascentso Sites and Apps without creating an Account. However, it is mandatory to have a User Account for Service registration, purchases, and Payment Service, as well as to subscribe to direct emailing and newsletters. By registering, You agree to use Your User Account exclusively for private, non-commercial purposes and not to submit any User Content that violates intellectual property or proprietary rights or is inaccurate, deceptive, offensive, or illegal. Ascentso may monitor, edit, or remove User Content for violation of these terms, and failure to comply may result in Content withdrawal, Account suspension or termination, and legal action. Users must provide accurate and complete information on the registration form and update it promptly to reflect any changes. Maintaining the confidentiality of the User’s Account and information is solely Your responsibility, and You will be held accountable for all activities performed through Your Account, except as required by law.

• Do not use Our Site or App unlawfully or fraudulently.
• Do not collect personal information or impersonate other Users.
• Do not manipulate or distort Content
• Do not disrupt any part of Our Site or App.
• Do not send unsolicited advertising or promotional material.
• Do not transmit data that contains harmful computer code.
• Do not interfere with the security features of Our Site or App.
• Do not attempt to reverse engineer any part of Our Site or App.
• Do not monitor or copy web pages or Content, or extract usage data using automated or manual processes.
• Do not interfere with security-related features or other Users’ use of Our Site or App.

We take intellectual property rights very seriously and are committed to protecting them. If You believe that any Content on Our Site, App, or digital platform infringes upon Your copyright or other intellectual property rights, please notify Us immediately by sending an email to [email protected]. In Your email, please provide the following information:

• A description of the copyrighted work or other intellectual property that You claim has been infringed,
• A description of the Content on Our platform that You claim infringes upon Your intellectual property rights, including where it’s located on the Sites, Apps, or platform,
• Your contact information, including Your name, address, telephone number, and email address,
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law,
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

We will review Your complaint promptly and take appropriate action as required by law.

Please exercise caution when relying on any information, opinion, advice, or statement provided on Our Site or Apps as it is at Your own risk. We do not accept any liability for any reliance placed on such information, and we exclude all implied terms, representations, conditions, or warranties to the fullest extent permissible by law.

Please note that the Materials on Our Site or Apps may contain inaccuracies and typographical errors. Any commentary, reviews, or other materials posted on Our Site or Apps are not intended as advice and should not be relied upon. Reviews posted by other Users represent their opinions only and do not necessarily reflect the opinions of Us or any of Our affiliates, business partners, directors, or employees. Therefore, we do not take responsibility for the accuracy, objectivity, or Content of such reviews.

If You have any concerns about the Content of any review(s) on Our Site or Apps, please Contact Us using the address provided at the end of these Terms of Use.

By utilizing Our Service, Site and App, including but not limited to our Consulting and Solution Service and Training Service, You acknowledge and agree to release Our Company and its affiliates, employees, officers, directors, and agents from any and all Claims, liabilities, damages, losses, and expenses arising from or in connection with Your use of Our services.

You understand and acknowledge that the services provided by Our Company involve inherent risks and uncertainties. The release applies to all Claims, whether known or unknown, suspected, or unsuspected, disclosed or undisclosed, arising out of or in any way related to the services provided by Our Company.

This release includes, but is not limited to, any Claims arising from:

• Interactions, engagements, or transactions with Our Company or any of its representatives.
• Information, advice, or recommendations provided by Our Company.
• Decisions or actions taken based on the services provided by Our Company.
• You expressly waive any rights or benefits You may have under any applicable laws or regulations that would otherwise limit the scope of this release.

It is important to note that this release does not apply to any Claims arising from Our Company’s willful misconduct or gross negligence. Additionally, if You are located in a jurisdiction where limitations on liability are not permitted, the limitations stated in this release may not apply to You.

You are advised to seek independent advice and conduct Your own due diligence before making any decisions or taking any actions based on the services provided by Our Company.

By utilizing Our Service, Site or App, You acknowledge that You have read, understood, and voluntarily agreed to this release clause, and You expressly release Our Company from any and all Claims to the fullest extent permitted by law.

YOUR USE OF ASCENTSO SERVICES IS AT YOUR OWN RISK, AND WE CANNOT GUARANTEE THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ASCENTSO SERVICES, INCLUDING ALL CONTENT AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND. ASCENTSO EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE DO NOT WARRANT THAT YOUR USE OF ASCENTSO SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT WE WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH OUR SERVICES FOR ACCURACY OR THAT WE WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. ASCENTSO SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL.

All the aforementioned disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

This Agreement (Terms of Use, its subject matter, and its formation) are governed by Malaysian Law. All disputes arising out of or in connection with this Agreement shall be referred to the exclusive jurisdiction of the courts in Malaysia.

Compliance. You are responsible for complying with all relevant laws and regulations when using Our Website, Applications, and Materials.

Severability. In the event that any provision or portion thereof of this Agreement is found to be invalid under any applicable law or statute in Malaysia, the remainder of the Agreement shall remain in full force and effect, and such provision or portion thereof shall be deemed omitted.

Assignment. User may not transfer, assign, or delegate this Agreement or the rights and obligations hereunder in any manner. Ascentso, on the other hand, may freely transfer, assign, or delegate this Agreement.

Waiver. Any waiver of any provision of this Agreement, or any delay by any party in enforcing any right hereunder, shall not create an expectation of non-enforcement of that or any other provision or right, and shall not be considered as a continuing waiver.

Class Action Waiver. You and Ascentso agree to bring claims only in Your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

If You have enquiries in regards of this Terms of Use, please Contact Us.

At Ascentso, We value the security of Your personal information and implement strong measures to protect it. Nevertheless, please note that the transmission of data over the internet is not entirely secure, and We cannot guarantee the safety of information sent to Us. Any data transmission is at Your own risk. Once We receive Your personal information, We will apply strict procedures and security measures to prevent unauthorized access.

You are permitted to link to Our Site’s web pages, as long as You do so in a way that is fair, legal, and does not damage Our reputation or exploit it. You must not create links that suggest any affiliation, endorsement, or approval on Our part if there is none. Additionally, You are not allowed to remove, hide, or obscure any advertisements, copyright notices, or other information that appears on Our Site or Apps, whether through framing or other means. Framing Our Site or Apps on another site is not allowed.

Linking to Our Sites & Apps from a linking site that contains any kind of adult or illegal material, offensive Content, harassment, or objectionable Content is strictly prohibited. We reserve the right to revoke linking permission without prior notice and take necessary legal action, including litigation, if any violation of Our terms and conditions occurs.

We may include links to third-party websites or Content on Our Site or App. However, We cannot guarantee the accuracy, reliability, or safety of any information, products, or services offered by these external websites. By accessing these third-party sites or content, You assume all risks and responsibility. Please note that inclusion of any link does not imply endorsement or affiliation with the linked site. Moreover, We are not liable for any third-party content that appears on Our Site or App or is accessible through links from Our Site or App.

We may modify the Terms of Use at any time, without prior notice. The updated Terms of Use will become effective immediately upon publication on Our Website and/or App. Any changes will be posted on this page with “Last Updated” date stated at the top of this Terms of Use.

For material changes, You will be notified via email and/or a prominent notice on Our Service before the changes become effective. If required by law, Your consent will be obtained.

By continuing to use Our Service after changes have been made, You acknowledge and agree to be bound by the revised Terms of Use. It’s recommended that You periodically review these Terms of Use for any updates. If You don’t agree with the modified Terms of Use, You should discontinue using Our Site & Apps.