Firstlink iCRM – Terms of Service
Firstlink iCRM app is the mobile app of Firstlink CRM, a service provides by Firstlink Sdn Bhd , a private limited company registered in Malaysia (“Firstlink”).
By clicking ‘Accept’ and successfully authenticating and using the Firstlink iCRM (the “Service”), You (“You” and “Your” refers to the individual or entity, and any Affiliates of such an entity) are deemed to agree to be bound by terms and conditions of this Agreement governing the use of the Service . If You are an authorised user of Firstlink CRM, the Firstlink CRM Subscription Agreement applies and is legally binding on You. For users who do not subscribe the service of Firstlink CRM, Firstlink iCRM offers limited functionality under OFFLINE mode.
For authorized Firstlink CRM users, Firstlink iCRM allows CRM data to be synchronized between Firstlink iCRM app and Firstlink CRM Web Server. To enable the synchronization, please ensure your CRM system administrator has granted mobile license to Your login.
1. Permission to access data in your mobile phone
You agreed and give permission allowing Firstlink iCRM app to access the following information in your Android phones
a. address book – the data in your address book will not auto syn to Firstlink iCRM. Wen user add a new lead/contact they can choose to input manually or select it from their address book
b. calendar – when Firstlink iCRM user add a new event or task, it will syn to their phone calendar. If user add event / task in their phone calendar it will not syn with Firstlink iCRM
2. Firstlink iCRM Services available on ONLINE mode only
You acknowledge and understand the following services are available on ONLINE mode only
b. Passcode lock
c. Firstlink iCRM data synchronization with Firstlink CRM Web Server through internet
3. Changing from OFFLINE Mode to ONLINE mode
You acknowledge understand and agree, if you are not Firstlink CRM users, or your are a Firstlink CRM user but not granted the right to use iCRM by your system administrator, you can only download the app on OFFLINE mode. Upon changing to ONLINE mode that linked to Firstlink CRM , your OFFLINE mode iCRM will be removed and all your data OFFLINE mode will be replaced.
4. Ownership of Your Data and Data Protection
Firstlink does not own any data input (in whatever form) made by You. You are solely responsible for the Data, including, its accuracy, quality, integrity, reliability or completeness. You are responsible for establishing and maintaining adequate security, virus protection and backup for any of the data residing on the Firstlink iCRM.
The services is provided to You “as is and as available” basis and Firstlink hereby disclaim any other representations or warranties, express, implied, statutory, or otherwise, regarding the service, including without limitation any implied warranty of merchantability, title, performance, quality, non-infringement, fitness for a particular purpose, and any implied warranties arising from course of dealing or course of performance. The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Firstlink is not responsible for any delays, delivery failures, or other damage resulting from such problems. Firstlink makes no warranty that the availability and functionality of the Service, or access to the Service via the internet, are or will be uninterrupted, timely, secure, or error free.
You will defend Firstlink, its officers, directors, employees, suppliers, agents, and assigns against any claims, liabilities, losses, costs or damages, including lawyer’s fees (“Claim”), related to or arising out of:
(a) Your breach of any term, condition or warranty in this Agreement;
(b) Your use of the Firstlink Services in a manner that contravenes any applicable law or regulation including, but not limited to, Your unauthorized or improper use of any individual’s personal information in contravention of any applicable privacy laws
7. Limitation of Liability
NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE OR PROFITS (EXCLUDING FEES UNDER THIS AGREEMENT), DATA, OR DATA USE. FIRSTLINK’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT OR IN TORT, OR OTHERWISE, WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNTS ACTUALLY PAID TO FIRSTLINK IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
Notwithstanding anything else to the contrary in this Agreement, Firstlink reserves the right at any time not to release or to discontinue release of this Services , to change its then current list price for the Services and other Firstlink Services and to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Services and other Firstlink Services.
9. Governing Law
This Agreement is governed exclusively by the laws of Malaysia. You and Firstlink further agree that the Court of Malaya will have exclusive jurisdiction over any suit or action initiated by one Party against the other.
Effective date : 15 March 2019