These Terms of Service ("Terms") govern your use of the Business Empire mobile application (the "App"), provided by Bina Forever Services ("we", "us", "our").
By creating an account or using the App, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.
Eligibility
You must be at least 18 years old, or the age of majority where you live, and able to enter into a binding contract. If you use the App for a company or other organisation, you confirm that you have authority to bind it to these Terms.
Accounts
- You register with an email address and a passcode. Give accurate information and keep it up to date.
- You are responsible for keeping your passcode confidential and for everything that happens under your account.
- Tell us immediately at support@businessempire4u.com if you suspect unauthorised use of your account.
Workspaces, owners and members
- Owner. The first account registered in a workspace becomes its owner. The owner controls the workspace, including all businesses, records, attachments and settings, and decides who may access them.
- Members. The owner may invite other people by email and choose which businesses each of them can see. A member can view the businesses they have been granted, add entries to them, and edit or delete only the entries they added. The owner may change or remove any entry, and may change or remove a member's access at any time.
- Invitations. Invite only people you are allowed to share your business information with, and who have agreed to receive an invitation. You are responsible for having a lawful basis to give us their email address.
- Disputes between users. We are not a party to any arrangement between an owner and its members. Access or content disputes must be resolved between them.
Your content
- You own your content. "Your content" means the business records, logos, attachments, reminders and other information you put into the App.
- Licence to us. You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit and display your content only as needed to operate and provide the App to you and your workspace. This licence ends when your content is deleted, except for copies kept temporarily in backups or where the law requires us to keep them.
- Your responsibility. You are responsible for your content and for having the rights to upload it. Do not upload content that is unlawful or that infringes anyone else's rights.
- Accuracy. The App shows totals, balances and currency conversions based on the figures and exchange rates you enter. You are responsible for checking that they are accurate.
Acceptable use
You agree not to:
- use the App for any unlawful, fraudulent or deceptive purpose, including money laundering, tax evasion or concealing the proceeds of crime;
- upload malware or content that is harmful, abusive, defamatory or infringing;
- try to access accounts, businesses or data you have not been given access to;
- probe, scan or test the App's vulnerabilities, or bypass its security or access controls, without our written permission;
- interfere with or disrupt the App or its infrastructure, or place an unreasonable load on it;
- reverse engineer, decompile or copy the App, except where the law expressly allows it;
- resell, sublicense or commercially exploit the App without our permission;
- send spam or unsolicited invitations.
Notifications
The App can send reminders and invitation alerts. You can control notifications in your device settings. Delivery depends on your device, operating system settings, battery optimisation and network, and is not guaranteed. Do not rely on the App as your only reminder of legal, tax, payment or other important deadlines.
Fees
The App is currently provided free of charge. If we introduce paid features, we will tell you about the price and terms in advance, and you will not be charged unless you agree.
Our intellectual property
The App, including its software, design, logos and trademarks, belongs to us or our licensors and is protected by law. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, in line with these Terms and the rules of the app store you downloaded it from.
Third-party services
The App relies on third-party services, including Google Firebase, and on your device's operating system and app store. We are not responsible for third-party services, and your use of them may be governed by their own terms.
Changes and availability
We may change, suspend or stop any part of the App at any time. We will try to give reasonable notice of changes that materially affect you. We do not promise that the App will always be available, uninterrupted or error-free.
Termination
- By you. You can stop using the App at any time and delete your account as described on our Delete Account page.
- By us. We may suspend or end your access if you seriously or repeatedly breach these Terms, if the law requires it, or if your use creates risk or harm for us or other users. Where appropriate, we will give notice and a chance to export your data first.
- Effect. When your account ends, your right to use the App ends. Sections 4 (licence to us, as limited there), 12, 13, 14, 15 and 16 continue to apply.
Disclaimer
The App is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. The App does not provide financial, accounting, tax or legal advice. See our full Disclaimer.
Limitation of liability
To the fullest extent permitted by law:
- we are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising from or related to your use of the App;
- our total liability for all claims relating to the App is limited to the greater of (a) the amount you paid us for the App in the 12 months before the claim, or (b) USD 50.
Some jurisdictions do not allow these exclusions or limits, so they may not fully apply to you. Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud, or for death or personal injury caused by negligence.
Indemnity
To the extent permitted by law, you agree to indemnify us against claims, losses and expenses, including reasonable legal fees, arising from your content, your breach of these Terms or your misuse of the App.
Governing law and disputes
These Terms are governed by the laws of Malaysia, without regard to its conflict-of-law rules. The courts of Malaysia have exclusive jurisdiction over any dispute, unless the consumer protection laws of your country of residence give you the right to bring proceedings in your own country.
Before starting formal proceedings, please contact us at support@businessempire4u.com so that we can try to resolve the issue informally.
App store terms
Apple. If you downloaded the App from the Apple App Store:
- These Terms are between you and us, not Apple. Apple is not responsible for the App or its content.
- Apple has no obligation to provide maintenance or support for the App.
- If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation for the App.
- Apple is not responsible for any claims relating to the App, including product liability claims, claims that the App fails to meet legal or regulatory requirements, consumer protection or privacy claims, or intellectual property infringement claims.
- You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Google. If you downloaded the App from Google Play, your use is also subject to the Google Play Terms of Service.
General
- Changes to these Terms. We may update these Terms. If a change is material, we will notify you in the App or by email before it takes effect. If you keep using the App after that, you accept the updated Terms.
- Entire agreement. These Terms and our Privacy Policy make up the entire agreement between you and us about the App.
- Severability. If any provision is found unenforceable, the rest remain in effect.
- No waiver. If we do not enforce a provision, we have not waived it.
- Assignment. You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets.
Contact
Bina Forever Services Ara Damansara, Petaling Jaya, Selangor, Malaysia Email: support@businessempire4u.com