TERMS OF SERVICE

These Terms of Service (“Terms”) govern your access to and use of AwanHub (the “Platform”), where Awantec Systems Sdn. Bhd. (“Awantec”, “we”, “our”, or “us”) offer digital products and services for purchase. By accessing, browsing, or using the Platform, you (“Customer”, “you”, or “your”) agree to comply with and be bound by these Terms.

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DEFINITIONS

For purposes of these Terms:

• Account means a registered user profile created by the Customer to access or purchase Services through the Platform.

• Content means the digital products, services, software licences, subscriptions, and related offerings made available for purchase or use through the Platform, whether provided by Awantec or third-party providers.

• Order means a request or purchase for Services submitted by the Customer through the Platform and confirmed upon receipt of payment.

• Platform means AwanHub, the website or application operated by Awantec through which Services are offered.

• Services means the digital products and services offered through the Platform, including the Software or Third-Party Products or any Awantec-branded offerings.

• Software means any Awantec-developed software applications, tools, or programs made available through the Platform.

• Third-Party Products means software licences, digital products, or services that Awantec exclusively resells or distributes as an authorised distributor.

• User means any individual whose personal data is collected, used, or processed by Awantec in connection with the Platform or Services, whether or not they have created an Account. For these Terms, “User” is treated as a Data Subject under the Personal Data Protection Act 2010 (as amended 2024) and is entitled to the rights prescribed therein.

• User Information means any data or information about a User collected or processed by Awantec in connection with the Platform or Services, including personal data, account details, and usage data. User Information is handled in accordance with the Personal Data Protection Act 2010 (as amended 2024) and Awantec’s Privacy Notice.

 

1. INTRODUCTION

1.1 The Platform is operated solely by Awantec. Our Services include Awantec-branded or third-party digital products, services, software licences, subscriptions, and related offerings, made available for purchase or use through the Platform.

1.2 The Platform is not a marketplace. Only Awantec and its authorised partners may offer Content or Services through the Platform.

1.3 By creating an Account or purchasing Services, you confirm that you have read, understood, and accepted these Terms of Service together with our Privacy Notice. If you do not agree, you may not access or use the Platform or Services.

1.4 Awantec may, at its discretion and subject to applicable laws, modify, suspend, or discontinue any part of the Platform or Services, impose limits on certain features, or restrict access, without liability to you or any third party. Awantec also reserves the right to refuse access to the Platform or Services, or to decline Account creation, at its sole discretion.

1.5 Certain Services are governed by additional terms of third-party licensors, which you must comply with. See Clause 5 for detailed licensing terms.

1.6 You are responsible for ensuring that your use of the Platform and Services complies with all applicable laws and regulations.
 

2. PRIVACY

2.1 Your privacy is important to us. By using the Platform or Services, you: -

(i) consent to Awantec’s collection, use, disclosure, storage, transfer, and/or processing of your User Information as described in the Privacy Notice;

(ii) acknowledge that all rights in relation to your User Information will be handled in accordance with applicable laws and Awantec’s Privacy Notice, as updated from time to time;

(iii) understand that Awantec may share certain User Information with its licensors or service providers solely for the purposes of enabling delivery, activation, and ongoing support of the purchased licenses; and

(iv) agree not to disclose, share, or otherwise allow any third party to access or use another User’s personal data or User Information without the appropriate consent or as required by law.

2.2 If you receive access to another User’s personal data (including in enterprise or shared-license scenarios), you act as a Receiving Party. You must

(i) use such data only for the intended purpose;

(ii) keep it secure; and

(iii) comply with applicable data protection laws.

You shall not disclose or misuse another User’s personal data without their prior consent, except as required by law.

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3. USER ELIGIBILITY, ACCOUNT CREATION, AND SECURITY

You are responsible for all activities under your account and must use your account lawfully, securely, and responsibly.

3.1 By accessing or using the Platform, you represent and warrant that you:

(i) are at least 18 years old, or have reached the legal age of consent under applicable law (users below the legal age may only create an account with parental or guardian consent);

(ii) have full legal capacity and authority to enter into binding agreements; and

(iii) will use the Platform and Services in accordance with these Terms and all applicable laws.

3.2 To access certain Services, you must register an account (“Account”) with accurate, current, and complete information, and keep it updated. Awantec may reject or terminate any account with false, misleading, offensive, or inappropriate information.

3.3 You are solely responsible for safeguarding your account credentials (User ID, password, and authentication details) and all activities under your account. To maintain security, you must:

(i) keep your credentials confidential and secure;

(ii) log out at the end of each session; and

(iii) immediately notify Awantec of any unauthorized access or use of your Account.

Awantec is not liable for loss or damage resulting from failure to maintain security or unauthorized access, except where directly caused by Awantec’s gross negligence or willful misconduct.

3.4 Awantec may suspend, restrict, freeze, or terminate your account, User ID, or access to Services at its discretion, with or without notice, and remove related content in accordance with Clause 6. Suspected unlawful activity may be referred to authorities.

3.5 You may terminate your Account by notifying Awantec in writing. However, you remain responsible for completing any pending transactions, licence obligations, or outstanding payments.

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4. INTELLECTUAL PROPERTY & GENERAL LICENSE

4.1 Awantec grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms and solely for personal or internal business purposes. No rights are granted other than those expressly set forth herein.

4.2 All proprietary content, trademarks, service marks, and other intellectual property rights (“Intellectual Property”) made available through the Services or displayed on the Platform are owned by Awantec or, where applicable, its licensors or third-party proprietors. For clarity, all intellectual property rights in Software and Third-Party Products (as defined in Clause 5) remain with Awantec or the respective third-party providers.

4.3 The Platform may contain content or software provided by third parties. All such Third-Party Product remains the property of its respective owners, and your use of such content may be subject to additional terms and conditions imposed by those third parties.

4.4 You shall not:

(i) Copy, reproduce, modify, distribute, transmit, display, publish, or create derivative works from the Platform without prior written consent from Awantec;

(ii) Remove, alter, or obscure any copyright, trademark, or proprietary rights notices appearing on or in connection with the Platform or Services.

4.5 You may not create a hyperlink to the Platform without Awantec’s prior written approval. Where such approval is granted, any hyperlink must not portray Awantec, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise defamatory manner.

4.6 All rights not expressly granted to you under these Terms are reserved by Awantec and its licensors.

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5. SOFTWARE, THIRD-PARTY PRODUCTS, AND LICENCES

5.1 Any software, applications, or related materials made available through the Services are licensed, not sold, to you. Your use of such Software is subject to these Terms and, where applicable, additional license terms presented at the time of download or access.

5.2 To access and use the Services, you must have an active Account with Awantec. The requirements and responsibilities relating to Account creation, security, and usage are set out in Clause 3 of these Terms, which apply equally to your use of the Services.

5.3 Awantec’s role is strictly limited to that of a reseller. Awantec does not act as an agent of the third-party providers and has no authority to make representations, warranties, or commitments on their behalf. Awantec expressly disclaims any responsibility for the functionality, performance, support, or security of the third-party software, subject always to Clause 11. All issues, including technical support, defects, or claims relating to the third-party products, must be directed to the relevant software provider in accordance with their terms.

5.4 Your use of the Software and any Third-Party Products is subject to the respective provider’s End User License Agreement (“EULA”). By purchasing, downloading, or using such products, you expressly agree to be bound by the applicable EULA in addition to these Terms. Awantec will make the relevant EULAs accessible via direct hyperlinks on the Platform and maintain a centralised repository [here]. While Awantec will use reasonable efforts to ensure accuracy and accessibility, it remains your sole responsibility to review, understand, and comply with the applicable EULAs.

5.5 Awantec and its authorised partners provide only genuine, valid, and authorised license keys for all Software and Third-Party Products offered through the Platform. Users must obtain licenses exclusively from Awantec or its authorised partners. Any attempt to acquire or use unauthorised, counterfeit, or unauthorisedly redistributed license keys is strictly prohibited and constitutes a material breach of these Terms.

5.6 To the extent that Awantec provides any integration with or access to Third-Party Products, such integration or access is provided solely for your convenience and does not grant you any rights beyond those expressly permitted by the applicable third-party terms. This disclaimer is in addition to, and not in limitation of, the Limitation of Liability provisions in Clause 11.

5.7 All rights not expressly granted to you under these Terms, the Software licences, or Third Party Product licence agreements are reserved by Awantec and the relevant third-party provider.

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6. TERMS OF USE AND PROHIBITED CONDUCT

6.1 You agree to use the Services only for lawful purposes and in accordance with these Terms, our Privacy Policy, and any applicable third-party licence terms. In particular, you must not use the Services in any manner that:

(i) infringes the intellectual property or other rights of Awantec, its licensors, or any third party;

(ii) is fraudulent, deceptive, harmful, abusive, defamatory, or otherwise unlawful;

(iii) (a) attempts to decompile, reverse engineer, or otherwise manipulate the underlying software, or to extract source code from any Software or Third-Party Products;

 

(b) attempts to monitor, copy, or reproduce any Software, Third-Party Products, or Content without prior written consent;

(iv) uploads, transmits, or distributes any viruses, worms, malware, or harmful code;

(v) impersonates another person, misrepresents your affiliation, or otherwise seeks to mislead Users or Awantec;

(vi) uses automated means (such as bots, scrapers, or emulators) to access, interact with, or extract data from the Platform without prior written consent from Awantec;

(vii) manipulates or seeks to distort pricing, transactions, or feedback systems;

(viii) collects, stores, or processes the personal data of others without a lawful basis and their consent, or otherwise in breach of applicable data protection laws;

(ix) violates any applicable laws, regulations, or directives, including those relating to data protection, anti-money laundering, financial crime prevention, and sanctions;

(x) fails to comply with the applicable EULA, including expressly accepting and being bound by any applicable EULA prior to purchase, installation, or use;

(xi) resell, rent, lease, sublicense, transfer, or otherwise redistribute any Software or Third-Party Products in violation of these Terms;

(xii) fails to comply with all intellectual property obligations as set out in Clause 4.2.

 

6.2 You are solely responsible for any data, content, or materials you upload, transmit, or otherwise make available through the Services. Awantec does not endorse, verify, or guarantee the accuracy of such content and, to the fullest extent permitted by law, disclaims all liability arising therefrom.

6.3 Awantec reserves the right, but not the obligation, to monitor, remove, suspend, or disable any content or Account that violates these Terms, applicable laws, or third-party rights. Awantec may also disclose Account information or content to authorities, rights owners, or regulators if required by law or in good faith that such action is necessary to protect Awantec, its Users, or the public.

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7. ORDERS AND PAYMENT

7.1 All orders placed through the Platform become binding once payment has been successfully processed and confirmed by Awantec. Payments must be made in the currency specified at the point of purchase, and you are solely responsible for any applicable taxes, duties, foreign exchange fees, or bank charges arising from your payment. Unless otherwise stated, prices displayed are exclusive of applicable taxes, which will be added at checkout.

7.2 You must pay all fees and charges associated with your purchases or subscriptions using only the payment methods made available on the Platform. These may include credit/debit cards, FPX, e-wallets, or other electronic options enabled by Awantec from time to time and listed on the Platform. Awantec shall not be liable for any losses, charges, or damages arising from unauthorised use of your payment method, except where such losses result directly from Awantec’s negligence, and subject always to Clause 11 (Limitation of Liability).

7.3 By providing a payment method, you confirm that you are duly authorised to use it and authorise Awantec (or its appointed payment processor) to charge the full purchase or subscription amount to that method.

7.4 Awantec reserves the right to correct any errors or omissions in pricing, product descriptions, or promotions, even after an order is submitted or confirmed. If a pricing error is discovered after payment, you may either cancel the order and request a full refund or proceed at the corrected price, subject to Clause 9 (Refunds and Cancellations). All digital content purchased through the Platform will be delivered electronically. Awantec’s decision on whether to cancel or honour such orders is final.

7.5 Promotional offers, discounts, vouchers, and other special pricing arrangements are time-limited, non-transferable, and subject to the specific terms and conditions communicated at the time of offer. Awantec reserves the right to modify, suspend, or withdraw any promotion at its sole discretion without prior notice. Awantec shall not be liable for any losses arising from cancelled orders or withdrawn promotions, provided that any payments already made will be refunded in accordance with Clause 9 (Refunds and Cancellations) and subject always to Clause 7.4.

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8. DELIVERY OF PRODUCTS AND SERVICES

8.1 Products and services offered through the Platform are generally delivered electronically, including via access codes, login credentials, digital downloads, or account activation. Delivery is deemed completed once these details are transmitted to the email address or account you provided, or otherwise made available on the Platform. This includes items affected by pricing errors, promotions, or corrected orders as referred to in Clause 7.4.

8.2 Delivery timelines will be communicated at the time of purchase. Such timelines are indicative only and not guaranteed, including for corrected orders or items purchased under promotions, and may vary depending on the product or service. Please also check your spam or junk folder if you do not receive delivery confirmation within the specified timeframe.

8.3 You are responsible for ensuring that your contact information, email settings, and system requirements are accurate and up to date. Awantec is not liable for any failure to access or use the products or services resulting from your error, omission, technical limitations, or issues attributable to third-party providers (including email, internet, or hosting services).

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9. REFUNDS AND CANCELLATIONS

9.1 All requests for cancellations and refunds are governed by AwanHub’s Cancellation and Refund Policy (“Refund Policy”), which forms an integral part of these Terms.

9.2 Refund eligibility, timelines, and procedures, including circumstances under which refunds or cancellations may not be permitted, are outlined in detail in the Refund Policy.

9.3 AwanHub reserves the right to update or amend the Refund Policy from time to time. Any updates will take effect immediately upon posting on the Platform, and continued use of the Platform following such updates constitutes acceptance of the revised Refund Policy.

9.4 In the event of any inconsistency between this Clause and the Refund Policy, the terms of the Policy shall prevail to the extent of such inconsistency.

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10. LICENSE ACTIVATION, USE, AND EXPIRY

10.1 Upon completion of purchase and confirmation of payment,

(a) Order Confirmation: You will receive an automated confirmation email together with order details generated by Awantec’s payment gateway.

(b) License Activation and Onboarding: Awantec’s Customer Success Team will activate the purchased license and issue a welcome email containing login instructions, license validity information, and other relevant onboarding details.

(c) Ongoing Support: Technical support will also be available for issues such as login difficulties or other general inquiries.

(d) License Expiry: Customers will be notified prior to the expiry of their license (including reminders three (3) days before expiry). Upon expiry, the license will be deactivated, and access to the Services will be withdrawn.

10.2 Specific timelines, communications, and procedures may vary depending on system capabilities and product-specific requirements. Awantec reserves the right to amend or discontinue such processes at its discretion and without prior notice, subject always to applicable laws.

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11. LIMITATION OF LIABILITY

11. The Platform and all products or services provided through it are made available on an “as is” and “as available” basis, without any warranties of any kind, whether express, implied, statutory, or otherwise, except as expressly stated in these Terms and in the EULA. Awantec does not represent, warrant, or guarantee that the Platform will be uninterrupted, secure, error-free, or continuously available at any particular time. No uptime, service level, or availability commitments are provided unless expressly set out in a separate written agreement signed by Awantec. Without limiting the foregoing, Awantec specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

11.2 To the maximum extent permitted by applicable law, Awantec shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, revenue, goodwill, data, or business opportunities, arising out of or in connection with the use of or inability to use the Platform, products, or services.

11.3 Notwithstanding anything to the contrary, Awantec’s total cumulative liability for any claim, loss, or damage arising out of or relating to these Terms or the use of the Platform, products, or services shall not exceed the total amount paid by you (if any) for the product or service giving rise to the claim in the twelve (12) months preceding the event, except that nothing in this Section shall limit or exclude liability for fraud, gross negligence, or willful misconduct.

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12. CUSTOMER WARRANTIES

12.1 You represent and warrant that:

(i) You will not use the Platform, licenses, or services for any unlawful, fraudulent, or unauthorized purpose, and will comply with all applicable laws and regulations.

(ii) You are not located in, organized under the laws of, or otherwise subject to the jurisdiction of any country or entity that is the subject of sanctions, embargoes, or other trade restrictions imposed by Malaysia, the United Nations, the United States, the European Union, or any other applicable authority.

(iii) All information you provide to Awantec in connection with your use of the Platform or services is true, complete, and accurate, and you will promptly update such information if it changes.

(iv) If you are accessing or using the Platform or services on behalf of a company, organization, or other legal entity, you have full legal authority to bind that entity to these Terms.

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13. CONSUMER PROTECTION

13.1 Nothing in these Terms shall exclude, restrict, or modify any rights or remedies granted to you under the Consumer Protection Act 1999, the Personal Data Protection Act 2010 as amended by the Personal Data Protection (Amendment) Act 2024, or any other applicable laws in Malaysia that cannot be lawfully excluded or limited.

13.2 To the extent of any inconsistency, the mandatory provisions of applicable consumer protection and personal data protection laws shall prevail over these Terms.

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14. INDEMNIFICATION

14.1 You agree to indemnify, defend, and hold harmless Awantec, its affiliates, officers, directors, employees, agents, licensors, and assigns (collectively, the “Indemnified Parties”) from and against any claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and court costs) arising out of or relating to:

(i) your access to or use of the Platform or Services, including any data, content, materials, or Third-Party Products you upload, submit, or transmit;

(ii) your breach or violation of these Terms;

(iii) your violation of any applicable law, regulation, or the rights of any third party, including intellectual property rights;

(iv) any unauthorized or fraudulent use of your Account, whether or not such use was authorized by you; or

(v) your actions that result in harm, loss, or liability to any third party in connection with your use of the Platform or Services.

 

14.2 You agree to promptly notify Awantec of any claim for which you may be liable under this clause, cooperate fully with Awantec in the defense of such claim, and not settle any claim without the prior written consent of Awantec, which shall not be unreasonably withheld. Awantec reserves the right to assume exclusive control of the defense and settlement of any claim at its own expense.

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15. SUSPENSION AND TERMINATION

15.1 Awantec reserves the right, at its sole discretion, to suspend, restrict, or terminate your access to the Platform or any part thereof, without prior notice, if you:

(i) misuse or abuse the Services, Platform, products, or Content, or otherwise breach these Terms;

(ii) engage in unlawful, fraudulent, or harmful activity, including unauthorized use of the Platform;

(iii) fail to pay any fees or charges due under these Terms; or

(iv) engage in actions that harm Awantec, its Users, vendors, or business interests.

15.2 Upon suspension or termination:

(i) your right to access or use the Platform shall immediately cease,

(ii) Awantec may remove or disable related Services, including Services for which you have paid;

(iii) Awantec shall have no liability to you or any third party arising from such suspension or termination;

(iv) you remain responsible for all obligations, fees, or liabilities incurred prior to suspension or termination;

(v) you may not be able to access, export, or recover any data, files, or Services stored on the Platform;

(vi) any unused or prepaid licenses, subscriptions, services, or credits shall be automatically forfeited upon termination, unless otherwise required by law or expressly provided in a separate written agreement.

15.3 Termination or suspension does not release you from obligations under applicable laws, confidentiality obligations, or intellectual property rights. Awantec retains the right to enforce any claims, report fraudulent activity, or seek damages arising from your conduct prior to or after termination.

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16. NOTICES

16.1 All notices, communications, or other documents required or permitted under these Terms shall be deemed duly given when:

(i) posted on the Platform;

(ii) sent by email to the address associated with your Account; or

(iii) delivered by hand, registered post, or courier to the most recent address you provided.

16.2 Notices from you to Awantec must be sent in writing to talent.customersuccess@awantec.my (or such other email address as notified from time to time) or by registered mail to Awantec’s registered office.

16.3 By creating an Account and using the Platform, you expressly consent to receive electronic communications from Awantec regarding your use of the Platform or Services. These communications may include, without limitation, transactional messages, service announcements, updates, and other notifications necessary for your use of the Platform. For marketing or promotional communications, you may manage your preferences or withdraw consent at any time through your Account settings or other designated channels.

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17. GOVERNING LAW AND DISPUTE RESOLUTION

17.1 These Terms shall be governed by, and construed in accordance with, the laws of Malaysia, without regard to its conflict of law principles.

17.2 In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the parties shall first attempt to resolve the matter amicably through good faith negotiations. If such efforts fail, the dispute shall be subject to the exclusive jurisdiction of the courts of Malaysia.

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18. AMENDMENTS

18.1 Awantec may, from time to time, revise, update, or amend these Terms to reflect changes in law, business practices, or the services offered.

18.2 Any updated Terms will be published on the Platform and shall take effect immediately upon posting, unless otherwise specified. Your continued use of the Platform after such updates constitutes your acceptance of the revised Terms. Awantec may notify users of material changes via the Platform, email, or other reasonable means.

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19. SEVERABILITY

19.1 If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.

19.2 If such modification is not possible, the relevant provision shall be deemed deleted without affecting the validity and enforceability of the remaining provisions.

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20. ENTIRE AGREEMENT

20.1 These Terms, together with Awantec’s Privacy Notice and any applicable EULAs or additional service terms, constitute the entire agreement between you and Awantec regarding the use of the Platform and Services.

20.2 These Terms supersede all prior agreements, communications, or understandings (whether oral or written) relating to the subject matter herein, unless expressly incorporated by reference.