TERMS AND CONDITIONS FOR LIVED-IN
These Terms and Conditions for lived-in Community (BETA) (“T&C”) shall be read together with the lived-in’s Website Terms and Conditions and Privacy Notice, as available in livedin.my (subject to further changes, at lived-in’s absolute discretion, without prior notice to Customer). In the event of any discrepancies, this T&C shall prevail over lived-in’s Website T&C but only to the extent of such discrepancies only. Other terms that are not affected shall remain as is. lived-in reserves the right to vary, supplement, delete, amend or modify this T&C, from time to time without prior notice to the customer. By downloading lived-in Community, You are deemed to have read, understood and agree to be bound by the terms and conditions herein and further agree that any decision by lived-in in relation to every aspect of the Application, shall be final, binding and conclusive.
1. Terms of Service – General
a) lived-in Community is brought to you by lived-in(“lived-in”). This Solution shall be bound by the terms and conditions stated herein.
b) These terms and conditions are to be read together with the terms and conditions for the Product attached to the Application Form. In the event of any inconsistency between any of the terms and conditions in the Application Form and these terms and conditions, this T&C will prevail to the extent of any inconsistency. lived-in reserves the right to update or revise these terms and conditions from time to time. lived-in may give notice of such revision to the Customer in any manner that lived-in deems appropriate. Continued access to or usage of the Solution signifies acceptance of the changes to these terms and conditions.
a) This Product is designed for efficient and fuss-free invoice and billing management for Residents Association (RA) and/or Joint Management Body (JMB). The administration of the RA and/or JMB may sign up an account as the organiser for the Product. By using the Product, You hereby warrant that any information submitted is true and accurate and your organization is fully consented to enter into and abide by this T&C.
3. lived-in Community BETA – “The Admin Dashboard” and “The Community App”
a) lived-in Community provides services for RA and JMB online management including generating recurring bills, payment reminder, manage residents’ list, track payment collection and dashboard presentation tool.
b) The target residents may use the Admin Dashboard for invoice payment purposes to their respective RA and/or JMB. Admins may connect to the Admin Dashboard using any internet browser supported by the Admin Dashboard. Meanwhile the residents may download the lived-in Community App and are solely responsible for obtaining access to the Internet and the equipment necessary to use the Community App. Any charges to the data provider in using the Admin Dashboard shall be borne by the admins. Meanwhile, any charges to the data provider in using the app shall be borne by the residents.
c) lived-in Community may use third party service providers to perform any of the services provided supported by it and lived-in has no control of such third party providers or any applications, products or software utilized by such third party service providers. lived-in hereby disclaims any and all liability warranties relating to such third party service providers.
d) lived-in has no control over, and assumes no responsibility for, the content provided in any third-party websites or by any third party that the residents and the admins might utilize with while using lived-in Community – Admin Dashboard and/or Community App. In addition, lived-in will not monitor and/or verify your usage and the content of any third-party site or service. By using lived-in Community, the residents and admins shall release and hold lived-in harmless from any and all liability arising from your use of any third-party website or service.
e) Currently the usage of lived-in Community is not chargeable and is available to admins and the residents for free. However, lived-in may impose subscription charges later. If the residents or admins wish to cancel their subscription to the lived-in Community Solution, they may do so through the or by email to email@example.com. Admins are allowed to cancel their account to the Community App at any time, but lived-in will not refund any remaining portion of the pre-paid fees. Admins and Residents will not be charged for using any service relating to the Admin Dashboard and Community App unless they have opted for a paid subscription plan.
4. Subscription to Beta Service
a) By using the Product, You may be offered with certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. lived-in will have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. lived-in will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. lived-in reserves the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to customers. lived-in will not be liable to You or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
5. Organisation Accounts and Administrator (RA & JMB)
a) In utilizing the Admin Dashboard, the admin for RA and JMB shall become the administrators. The administrators will have the right to configure the services based on the requirements set and manage the resident’s list and invoice management.
b) The administrators are responsible for i) ensuring confidentiality of administrator’s respective organization account password, ii) appointing competent individuals as administrators for managing the organization account, iii) ensuring the confidentiality of the residents’ data under their administration, and shall not disclose any confidential residents’ data to third parties, and iv) ensuring that all activities that occur in connection with the organization account comply with this T&C. The administrator understand that lived-in is not responsible for account administration and internal management of the Product.
c) The administrator are responsible for taking necessary steps for ensuring that the organization does not lose control of the administration accounts. The administrator may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to firstname.lastname@example.org, provided that the process is acceptable to lived-in. In the absence of any specified administrator account recovery process, lived-in may provide control of an administrator account to an individual providing proof satisfactory to lived-in demonstrating authorization to act on behalf of the organization. In this regard, the administrator agree not to hold lived-in liable for the consequences of any action taken by lived-in in good faith.
6. Admin’s Responsibility
a) The administrator is only entitled to access and use the Admin Dashboard for lawful, internal, and non-commercial purposes.
b) By using the Admin Dashboard, the administrator represent, warrant, and agree that they will not use the Admin Dashboard in a manner that: -
i. Infringes or violates the intellectual property rights or any other rights of any third party;
ii. Violates any law or regulation; and
iii. Attempts, in any manner, but not limited to hacking, in order to obtain the password, account, or other security information from any other user.
c) Notwithstanding the above, in addition to all other terms and conditions stated herein, the administrator shall not: -
i. transfer the Admin Dashboard and its services or otherwise make it available to any third party;
ii. provide any service based on the Admin dashboard without prior written permission;
iii. post links to third party sites or use their logo, company name, etc. without their prior written permission;
iv. publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;
v. use the Admin Dashboard in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of lived-in;
vi. use the Admin Dashboard for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email;
vii. violate any applicable local, state, national or international law; and
viii. create a false identity to mislead any person as to the identity or origin of any communication.
lived-in reserve the right to terminate the administrator access/control to the Admin Dashboard if there are reasonable grounds to believe that the administrator have violate this terms herein and use the Admin Dashboard for illegal activity.
d) If lived-in receive a complaint from any person against the administrator with respect to their activities as part of the use of the Admin Dashboard, we will forward the complaint to the primary email address of the admin account. The administrator must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy lived-in in the communication. If the administrator do not respond to the complainant within 10 days from the date of our email, lived-in may disclose the administrator organization name and contact information to the complainant for enabling the complainant to take any necessary action, including legal action against the administrator and/or organization. The administrator shall understand that any failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as consent to disclosure of the administrator and organization name and contact information by lived-in to the complainant.
b) The administrator are responsible for maintaining confidentiality of their organization account username, password and other sensitive information.
c) lived-in are not responsible for any loss or damage to the administrator and its organization or to any third party incurred as a result of any unauthorized access and/or use of the user/admin account, or otherwise.
8. Intellectual Property Rights
a) The contents of lived-in Community, including but not limited to text, graphics, images, logo, photographs, and other materials provided in the Product are protected under Malaysia intellectual property laws and any other applicable local copyright, trademark and other laws.
b) The administrator and the residents may download or print a copy of information provided in the lived-in Community for personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from lived-in Community in whole or in part for any other purpose permitted under this T&C is expressly prohibited without our prior written consent.
9. User Generated Content
a) The administrator may transmit or publish content created by the administrator in the lived-in Community. However, the administrator shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. The administrator are responsible for ensuring that you do not accidentally make any private content publicly available.
b) Any content that the administrator/residents may receive from other users of lived-in Community, is provided on AS-IS basis for personal use only and the administrator/residents shall agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using the Product, if the administrator/residents come across any content with copyright notice(s) or any copy protection feature(s), the administrator/residents agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be.
c) By making any copyrighted/copyrightable content available on lived-in Community, the administrator/residents affirm that they have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner.
a) The administrator may terminate their subscription to the lived-in Community at any time. If the administrator wish to cancel their account, they may do so by logging into their account at lived-in Admin Dashboard and email to email@example.com. In the event of such termination, all data associated with such admin account will be deleted.
b) As for the residents, termination of the Community App may be made at any time by email to firstname.lastname@example.org. In the event of such termination, the residents can no longer use the features of the lived-in Community App. The administrator is responsible to inform the residents beforehand of such information, once the residents individual account is being terminated.
c) lived-in may suspend the administrator’s account or temporarily disable access to the lived-in Community in the event of any suspected violation of the terms and conditions, involvement in illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of admin accounts should be made to email@example.com within thirty (30) days of being notified about the suspension. We may terminate a suspended or disabled admin account after thirty (30) days. We will also terminate the administrator’s account based on email request.
11. Disclaimer of Representation and Warranties
a) IT IS EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE PRODUCT IS AT THE USERS SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. LIVED-IN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
a) The administrators/residents agree to indemnify and hold harmless lived-in, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims related to the usage of lived-in Community which is in violation of another party's rights, in violation of any law, in violations of any provisions of the terms and conditions, or any other claim related to the usage of lived-in Community, except where such use is authorized by lived-in.
13. Limitation of Liability
a) IT IS AGREED THAT LIVED-IN SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY USAGE OR INABILITY TO USE LIVED-IN COMMUNITY, EVEN IF LIVED-IN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL LIVED-IN’S ENTIRE LIABILITY TO THE ADMINISTRATORS/RESIDENTS IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT TOWARDS SUCH SERVICE.
14. Governing Law
a) This terms and conditions are governed by the Malaysian law and the courts in Malaysia have exclusive jurisdiction.
a) In case any provision in this T&C shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining terms and conditions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
a) lived-in may modify the Terms upon notice at any time through a service announcement or by sending email to customers’ primary email address. If lived-in makes significant changes to the Terms that affect customers’ rights, customers will be provided with at least thirty (30) days advance notice of the changes by email to their primary email address. Users may terminate their use of lived-in Community by providing lived-in notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects their rights in connection with use of lived-in Community.
b) lived-in Community may include certain communications from lived-in, such as service announcements, administrative messages and newsletters. It is understand that these communications shall be considered part of using lived-in Community. As part of our policy to provide total privacy, we also provide the users with the option of opting out from receiving newsletters from us. However, users will not be able to opt-out from receiving service announcements and administrative messages.
a) Further enquiries relating to lived-in Community can be channelled to firstname.lastname@example.org
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