Terms and Conditions
Updated May 1, 2024
These Terms and Conditions govern your access to and use of the Red Fox ERP system (the "ERP system") provided by Red Fox Holding & Management Limited ("we", "us", or "our"). By accessing or using the ERP system, you agree to be bound by these Terms and Conditions.
1. Access and Use of the ERP System
1.1. Authorized Users: Access to the ERP system is limited to authorized employees and personnel of Red Fox Holding & Management Limited ("Authorized Users"). You agree to only use the ERP system for legitimate business purposes and in accordance with these Terms and Conditions.
1.2. User Accounts: Each Authorized User may be provided with a unique user account to access the ERP system. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
1.3. Acceptable Use: You agree not to use the ERP system for any unlawful or prohibited purpose, including but not limited to:
- Violating any applicable laws, regulations, or company policies.
- Interfering with the operation or security of the ERP system.
- Uploading or transmitting any unauthorized or malicious content.
- Accessing or attempting to access data or information not intended for you.
2. Intellectual Property Rights
2.1. Ownership: The ERP system and all related software, content, and materials are owned by Red Fox Holding & Management Limited or its licensors and are protected by intellectual property laws.
2.2. License: Subject to these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable license to access and use the ERP system for your internal business purposes during the term of your employment or engagement with Red Fox Holding & Management Limited.
2.3. Restrictions: You agree not to modify, adapt, translate, reverse engineer, decompile, or disassemble the ERP system, or to create derivative works based on it, except as expressly permitted by law.
3. Data and Privacy
3.1. Data Ownership: You retain ownership of any data or information you input into the ERP system ("User Data"). However, by uploading or transmitting User Data, you grant us a non-exclusive, royalty-free license to use, reproduce, modify, adapt, and distribute the User Data as necessary to provide the ERP system and fulfill our obligations under these Terms and Conditions.
3.2. Data Security: We take reasonable measures to protect the security and confidentiality of User Data in accordance with our internal data security policies and industry best practices. However, we cannot guarantee that unauthorized access, disclosure, alteration, or destruction of User Data will never occur.
3.3. Data Retention: We will retain User Data for as long as necessary to provide the ERP system and fulfill our contractual and legal obligations. Upon termination of your access to the ERP system, we may retain User Data in accordance with our data retention policies or as required by law.
4. Support and Maintenance
4.1. Availability: We will use commercially reasonable efforts to ensure the availability and uptime of the ERP system. However, we do not guarantee uninterrupted access to the ERP system, and we may temporarily suspend or restrict access for maintenance, upgrades, or other reasons without prior notice.
4.2. Support: We will provide reasonable technical support and assistance to address issues related to the operation and functionality of the ERP system during our normal business hours.
5. Limitation of Liability
5.1. Exclusion of Damages: In no event shall Red Fox Holding & Management Limited be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the ERP system, even if we have been advised of the possibility of such damages.
5.2. Limitation of Liability: Our total liability to you for all claims arising out of or in connection with these Terms and Conditions or your use of the ERP system shall not exceed the amount paid by you, if any, for access to the ERP system during the twelve (12) months preceding the date of the claim.
6. Termination
6.1. Termination by You: You may terminate your access to the ERP system at any time by providing written notice to Red Fox Holding & Management Limited. Upon termination, you must cease all use of the ERP system, and we may delete or deactivate your user account and any associated data.
6.2. Termination by Us: We reserve the right to terminate or suspend your access to the ERP system at any time for any reason, including but not limited to violation of these Terms and Conditions or misuse of the ERP system. In the event of termination, you must cease all use of the ERP system, and we may delete or deactivate your user account and any associated data.
7. Changes to Terms and Conditions
7.1. Updates: We may update or modify these Terms and Conditions from time to time in our sole discretion. Any changes will be effective upon posting the revised Terms and Conditions on our website or through other means of communication.
7.2. Notice: We will make reasonable efforts to notify you of any material changes to these Terms and Conditions. Your continued use of the ERP system after such changes indicates your acceptance of the revised Terms and Conditions.
8. Governing Law and Dispute Resolution
8.1. Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles.
8.2. Dispute Resolution:If any dispute, controversy, or claim arises out of or in connection with this Agreement, including without limitation any dispute as to the construction, validity, interpretation, enforceability, or breach of the terms of this Agreement (“Dispute”), any Party may give written notice to the other Party that a Dispute exists (“Dispute Notice”). Within three (3) Open Business Days of receipt of the Dispute Notice, the Parties’ representatives must meet and attempt to resolve the Dispute set out in the Dispute Notice. If the Dispute cannot be resolved within five (5) Business Days from the end of the said three (3) Business Days, or such other time as agreed by the Parties, (“Expiry Date of the First Resolution Period”), the Parties must escalate the Dispute to their respective department heads or designated representatives for further resolution. The department heads or designated representatives must then meet and attempt to resolve the Dispute within a reasonable timeframe. Any resolution of the Dispute must be documented and communicated to the Parties involved. If the Dispute remains unresolved after internal escalation and discussion, the Parties may explore other avenues for resolution as outlined in this Agreement.
8.3 Exclusive Jurisdiction Should the Dispute fail to be resolved amicably through such discussions after a period of thirty (30) days, the Parties agree that the Dispute shall be referred to the exclusive jurisdiction of the Courts of Malaysia.
9. Miscellaneous
9.1. Entire Agreement: These Terms and Conditions constitute the entire agreement between you and Red Fox Holding & Management Limited regarding your use of the ERP system and supersede all prior or contemporaneous agreements and understandings.
9.2. Waiver: The failure of Red Fox Holding & Management Limited to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision or any other provision.
9.3. Severability: If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10. Contact Us
If you have any questions, concerns, or feedback about these Terms and Conditions or your use of the Red Fox ERP system, please contact us at:
RED FOX HOLDING & MANAGEMENT LIMITED
No 1-23A, First Floor,
Paragon, Jalan Mustapha
87000 Labuan Federal Territory,
Malaysia
joshuatwe28@gmail.com
+60 13-696 9333