1. Acceptance of Terms
Please read and accept these terms carefully before using Access Digital solutions. By accessing the service or signifying your acceptance, you agree to be bound by all of these conditions. Non-compliance means you are not authorized to use the solutions.
The Access Digital brand encompasses its smart parking and related property management solutions. The company operating these solutions is Access Digital (M) Sdn Bhd and its subsidiaries.
By enrolling, you accept all payment terms, policies, practices, rules, standards, and guidelines. "You" refers to the subscribing person or entity, and you agree to bind your agents, representatives, and employees to these terms whether acting for yourself or third parties.
By accepting, you represent that you are 18 or older and authorized to represent your organization; agree to provide true, accurate, current and complete information; maintain this information; and notify the company of any unauthorized account use or security breach. Providing false information allows the company to suspend or terminate your account without notice. You are entirely liable for all account activities.
2. Rights of Service
The company grants a non-transferable, non-assignable, non-territorial, non-exclusive license to use Access Digital per these terms. You have no rights or access beyond this agreement. Prohibited activities include:
- Adding, deleting, modifying, copying, translating, distributing, transmitting, displaying, performing, reproducing, publishing, or creating derivative works based on Access Digital.
- Renting, leasing, transferring, or selling information, software, products, or services from Access Digital.
- Providing third-party account access except those specifically authorized; you remain liable for such use.
- Reverse engineering, decompiling, disassembling, or deriving Access Digital's source code.
- Using Access Digital for surveys, contests, pyramid schemes, chain letters, junk email, spamming, or duplicative / unsolicited messages.
- Engaging in unlawful conduct that inhibits other users or that the company deems unacceptable.
- Defaming, abusing, harassing, stalking, threatening, or violating others' legal rights.
- Publishing, posting, uploading, or distributing inappropriate, profane, defamatory, obscene, indecent, or unlawful material.
- Uploading files containing images, photographs, software, or material protected by intellectual property laws without owning rights or obtaining consent.
- Using material or information through Access Digital in ways infringing copyright, trademark, patent, trade secret, or other proprietary rights.
- Advertising or offering to sell / buy goods or services unless specifically permitted.
- Downloading files you know or should know cannot be legally reproduced, displayed, performed, or distributed.
- Falsifying or deleting copyright management information, author attributions, legal notices, or proprietary designations.
- Restricting or inhibiting other users.
- Violating applicable codes of conduct or guidelines.
- Harvesting or collecting information about others, including email addresses.
- Violating applicable laws or regulations.
- Creating false identities to mislead others.
- Using, downloading, copying, or providing Access Digital user directories or usage information.
3. Intellectual Property
All titles, copyrights, trade secrets, patents, trademarks, and intellectual property in Access Digital are owned by the company. Copyright, trade secret, and patent laws protect Access Digital. All data not expressly entered by you is the company's intellectual property.
4. Fees and Payments
4.1 Fees
Continued use of Access Digital requires payment per the pricing on product pages or sales quotations. Users can download the mobile app free from the Access Digital website, though the company makes no claims regarding proper, secure, effective, or efficient operation and disclaims liabilities for download-related damage, data loss, or connectivity issues. Hardware for Access Digital use may be obtained through authorized local resellers.
4.2 Price Changes
The company reserves the right to change subscription fees at its sole discretion by posting notice on the site or updating these terms. Written or email notice of at least 14 days precedes price increases, applying to subscriptions after the effective date but not affecting previously paid amounts. Users must check for updates with resellers or the site.
4.3 Payment Policies
All Access Digital payment policies on the site are incorporated by reference. The company reserves the right to change payment policies at any time. By accepting these terms, you agree to pay applicable charges via account in US dollars or Malaysian Ringgit for Malaysian subscriptions per the effective payment policy.
4.4 Information Accuracy
You represent that all information provided for Access Digital enrollment is and will remain accurate, complete, and current.
4.5 Payment Punctuality
You must pay subscription fees promptly; failure may affect site access and data retrieval.
4.5.1 PayPal, Braintree, or Credit Card: Payment transactions process solely through third-party payment gateways the company engages. The company does not collect credit card information; terms are bound by the payment gateway's policies. All processing fees or bank charges shall be borne by the company.
4.5.2 Bank Transfer: Electronic bank transfer payment is available, with the company bearing processing fees or bank charges.
4.5.3 Reseller Payment: Users may subscribe through authorized resellers, paying them instead. Activation is immediate upon payment clearance. The subscription starts from the previous package end date regardless of payment date. For offline subscriptions via resellers, activation occurs once the reseller clears payment to the company.
4.6 License Expiration
The company emails renewal reminders to registered accounts before expiration. If payment is not received by the expiry date, the license becomes "Inactive" for a maximum of 30 days, preventing all registered users from accessing collected data. Users may renew during this 30-day window, retrieving data after renewal.
4.7 Inactive Data Retention
Data remains available for download during the 30-day "Inactive" period before deletion.
4.8 Data Deletion
Access Digital data is deleted after 30 days of "Inactive" status.
4.9 Renewal Date
The renewed license start date is the original expiration date, not the actual renewal date.
4.10 Account Termination
Users can terminate accounts anytime by emailing parksupport@accessdigital.com.my. No refunds apply to unused prepaid months.
4.11 Taxes
All prices exclude applicable value-added tax, goods and services tax, or sales / service tax, for which users are liable. Amounts charged may include applicable taxes including withholding taxes. Users must remit applicable transaction taxes and indemnify the company for non-compliance.
5. Representations and Warranties
Users represent and warrant that:
- They possess sufficient authority to agree and accept these terms.
- They will comply with all applicable laws at all times.
- Accepting these terms does not violate any obligation, contract, or agreement.
- They will comply with all terms as may be amended over time.
- All provided information is true, accurate, complete, and not misleading.
6. Indemnification
Users indemnify and hold the company, its officers, directors, and personnel harmless from fees, liabilities, claims, losses, damages, or penalties arising from: (a) breaching representations and warranties; (b) breaching these terms; (c) user actions, negligence, or misconduct; or (d) Access Digital use, including by authorized persons.
The indemnifying party pays all expenses, costs, damages, and fees incurred by the indemnified party in connection with or arising from any action, claim, suit, or proceeding. These indemnification provisions survive agreement termination.
7. Confidentiality
Except as required by law, users keep these terms and any information obtained through or resulting from these terms confidential. This includes business, sales, marketing, technical, and clientele information whether disclosed orally or in writing, and whether expressed as confidential or not. These confidentiality provisions survive agreement termination.
8. Term & Termination
8.1 Commencement and Duration
These terms commence when you click "I accept" or "I agree" or start using Access Digital, continuing through the subscription period and each renewal period. Terms automatically renew on the day following the previous renewal period's last day and thereafter on each renewal period's first day as specified by the subscription plan, unless either party provides written or electronic termination notice per these terms.
8.2 Company Termination Rights
The company may terminate the agreement and discontinue participation at its sole discretion via written notice for circumstances including:
- Failure to make payment per company terms or these terms.
- Company belief that you may compete with Access Digital or develop competitive services.
- Company belief that you violated this agreement or company policies / guidelines.
- Company belief that your conduct may harm its business or other participants.
All company decisions are final and binding; the company and its licensees / distributors have no liability regarding such decisions.
8.3 Termination Effects
Upon termination by either party:
- You and registered organizational users cannot access your account or use Access Digital.
- License status becomes "Inactive" for a maximum of 30 days; you cannot access collected data but may download it in .csv format during this period.
- Data is removed from servers after 30 inactive days; you cannot retrieve data or accounts thereafter.
8.4 Force Majeure
The company and affiliates are not liable for delays, performance failures, or service interruptions resulting from acts of God, civil / military authority, civil disturbance, war, terrorism, strikes, fires, catastrophes, power / telecommunications failure, or other uncontrollable causes.
9. Non-Compete Agreement
Users agree that during the term and two years thereafter, they will not develop services / software competing with Access Digital. Violating this clause is grounds for immediate service termination without company liability, and the company may seek equitable relief to stop violations and competing activity, plus any other available legal remedies.
10. Modifications
The company may modify these terms and all applicable rates / fees / charges at any time at its sole discretion. Changes are emailed to you and/or posted on the site with no less than 14 days' notice before implementation. Use of Access Digital after such notice constitutes acceptance of the amended / modified terms. No conditions except those herein bind the company unless expressly agreed in writing by an authorized company representative. The company reserves the right to discontinue Access Digital and/or site offerings anytime.
11. Technical Support
- Contact parksupport@accessdigital.com.my for replies within 12 hours, 7 days a week.
- Contact authorized local resellers listed on the site for local support.
- Promptly report operation errors without taking actions that increase error severity. Use Access Digital solely as described. Violating these requirements means the company has no support responsibility.
12. Data
12.1 Storage
Data is hosted on Access Digital servers unless otherwise agreed. The company does not represent, warrant, or covenant that use is uninterrupted or error-free / secure. Implemented security mechanisms have inherent limitations; determine whether Access Digital meets your requirements. Access Digital keeps your data for a total of 7 years; live data is available for a period of 2 years, and all data after this period is moved to the Archive section for up to 5 years.
12.2 Backup
The company uses reasonable efforts protecting and regularly backing up data but is not responsible for data residing on or uploaded to its servers. Users are solely responsible for backing up and exporting their data. Access Digital undergoes system maintenance and upgrades at company discretion. Access Digital will only keep the transaction data dated up to 2 years before the maintenance date for each End User. Other transaction data receives reasonable backup efforts sent to you or your administrator.
12.3 Your Data
Your data comprises all organizational information and data generated using Access Digital. The company uses data solely to further the purposes of this agreement and does not disclose it to third parties unless directed by you, unless: (a) disclosure responds to court orders with reasonable notice to you, or complies with legal obligations you are subject to (excluding contractual obligations) or the administration of justice; or (b) it is non-personally-identifiable information. All data that is not your data belongs to the company.
13. Links
The company has not reviewed all linked sites and is not responsible for their contents. Link inclusion does not imply site endorsement. The company makes no warranties, express or implied, and disclaims warranties including merchantability, fitness for a particular purpose, or intellectual property non-infringement. Using linked websites is at the user's risk.
14. Disclaimer of Warranties
Your use of the site and/or Access Digital is at your own risk. The site and/or Access Digital are available on an "as is" basis, without warranty of any kind, express or implied, including but not limited to implied warranties of performance, merchantability, fitness for a particular purpose or accuracy. The company disclaims warranties regarding availability, accuracy, or content of the site, Access Digital, information, products, or services available through them, or economic benefits from use. Some jurisdictions do not allow implied warranty exclusions; this disclaimer may not apply to you.
15. Applicable Law
This Agreement shall be governed by and construed in accordance with the internal substantive laws of Malaysia, and constitutes the complete agreement superseding all prior agreements regarding the subject matter. You submit to the jurisdiction and venue of Malaysian state and federal courts and agree that any cause of action arising from this agreement is brought exclusively in such Malaysian courts.
16. Limitation on Liability
The company will not be liable for any consequential, incidental, indirect, special, punitive, or exemplary damages of any kind, including without limitation any loss of use, loss of business, or loss of profit or revenue, arising from these terms regardless of the form of action or notification of the company's liability, and notwithstanding the failure of any limited remedy. The company's total cumulative liability, regardless of the form of action, will not exceed an amount equal to all amounts actually realized by the company from you during the one (1) month period immediately preceding any such liability. Users acknowledge these limitations are reasonable and essential; absent them, the company would not enter this agreement.
17. No Assignment or Resale
Users may not resell, assign, or transfer agreement rights. Attempting to do so allows the company to immediately terminate this agreement without liability.
18. Headings and References
Section headings serve as convenience references only. Quoted, capitalized words signify abbreviations or defined terms, including those in the opening paragraph. Referenced website content, such as URLs, is incorporated by reference as though fully stated herein.
19. Entire Agreement
This agreement constitutes the complete agreement between the parties and supersedes all prior agreements or understandings.
How to Contact Us
Access Digital (M) Sdn Bhd
29-1, Jalan Indah 2/14, Taman Universiti Indah, 43300 Seri Kembangan, Selangor.
Tel: +603 - 8959 7113
Email: parksupport@accessdigital.com.my