IMPORTANT: BY USING SHARP SECURITY APPS ON YOUR DEVICES, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS:
SHARP SECURITY TERMS AND CONDITIONS
Welcome to Sharp Security!
Thank you for using our product and services, Sharp Cloud Smarthome System, a brand of Sharp-Roxy Sales & Service Co (M) Sdn Bhd ( “we”, “our”, “us”) and thank you for choosing our products (“Products”) and subscription services (“Services”). By purchasing or using our Products and Services, you are accepting and agreeing to these terms and conditions (“Terms”) and additional terms we may post at our website or provide in the box with our Products from time to time. If there is any inconsistence between the terms at different places, these Terms herein control. Please read them carefully. You represent and warrant that you have rights, authority and capacity to accept and agree to these Terms. We reserve the right, at our sole discretion, to modify the Terms at any time, so please review the Terms each time prior to making a new purchase from our Store. You shall be responsible for reviewing and becoming familiar with any such modifications. If you do not agree with any of these Terms, you should not purchase the Products and the Services and must cease to use our Products and Services including your account, our software and our application from your mobile device or computer immediately. Your use of the Products or the Services following such modification constitutes your acceptance of the Terms as modified.
1. SCOPE OF SERVICE
Subject to the Terms, we may provide to you certain services, which include, without limitation, self-monitored mobile-based alarm, surveillance, monitoring, personal emergency care, use of the Website, and use of Sharp mobile application (“Services”). Details of the Services are fully described on Website. The Services are for your own use, and not for the use or benefit of any third party. We may change, suspend or discontinue the Services at any time, including the availability of any feature, database, connectivity, or content associated therewith. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You are consenting to automatic software update of the Service. You may only use the Services and Products in a manner that complies with all laws that apply to you. We can’t and won’t be responsible for your use of the Services or the Products in a way that breaks the law. You are solely responsible for complying with all applicable laws and regulations of the city, the county, the state and the country for which the Products are installed.
To use the Services, you must register a user account and provide information about yourself as prompted by the registration form. You represent and warrant that:
(1) all required registration information you submit is truthful, accurate and complete;
(2) you will maintain the accuracy of such information and notify us without delay of any change of such information; and
(3) your use of the Services does not violate any Malaysian or other applicable law or regulation.
You are solely responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account, and preserving your password securely to prevent others from gaining access without your permission. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
2. PRICING AND PAYMENT OF PRODUCTS AND SERVICES
There are two categories of Products: the packages and the add-on devices (“Packages” and “Add-on Devices” respectively), and two categories of Services: the basic and the premium service (the “Basic Service” and the “Premium Service” respectively). The detailed description of the Basic Service and Premium Service is published at our website and subject to change. We may also provide additional Services through our website. All of the prices of the Products and monthly fee of the Services are listed at our Store and/or our website and subject to change.
The Package you purchase comes with the free Premium Service for first 5 years after your activation of the Packages (the “Trial Period”). Once the Trial Period expires, your Services will be converted to the Basic Service. At your own discretion you have an option to upgrade your account from Basic Service to Premium Service any time by subscribing the Premium Service and paying the associated Premium Service fee. If you subscribe the Premium Service during the Trial Period, you will only be charged for the Premium Service on the first day after the Trial Period expires and automatically for the recurring charge at the same rate every month afterward subject to the change of the Premium Service fee published at our website and/or Store. If you subscribe the Premium Service after the Trial Period, you will be charged for the Premium Service on the date you subscribe and automatically for the recurring charge at the same rate every month afterward subject to the change of the Premium Service fee published at our website and/or Store. If we are not able to charge the payment method you provide, at our sole discretion we have the right to immediately suspend your Premium Service or hold you
liable for the missed payment for the Premium Service provided.. You further authorize us to obtain a credit check or credit report about you from a consumer reporting agency when processing your order and at any time during the term you use our Services. All Products offered at the Store are subject to availability.
We reserve the right to reject all or part of an order and to discontinue offering certain Products
and/or Services without prior notice. By providing a credit card or other payment method to us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us or our third-party payment processor to charge for the total amount of your order including any applicable taxes and other charges. If the payment method you provide cannot be verified or otherwise not acceptable, your order may be suspended or cancelled. It is your responsibility to resolve the problem we encounter in order to proceed with your order. If you want to change or update your payment method, you may do so at any time by logging into your account and editing your payment information. If you miss a monthly payment for any reason, we have the right to apply the missed payment as an addition to any future billing amount.
If we change the pricing for the Service you have selected, we will send you a notice through an email or some other appropriate means or post the change at our website and your continued use of the Services following such notification constitutes your acceptance of any new or increase in charges. Any fee paid for the Services is non-refundable.
The Terms shall remain in full force and effect while you use the Services. You may terminate your use of Services at any time. We may also suspend or terminate your use of any and all Services at any time, without prior notice, if you breach any of these Terms, including but not limited to failure to make payment (if any) when due.
4. MONITORING AND NOTIFICATION SERVICE
Sharp provides a self-monitored service. We do not provide any professional monitoring services. Details of our Services can be found on Website. It is your responsibility to ensure that the appropriate event messages can be relayed to you and your authorized contacts. It is also your responsibility to determine the appropriate response to all events and you accept that, upon receiving a notification, you are entirely responsible for your response and that of your authorized contacts. Should such a response incur costs, you accept full liability for those costs. If you attempt to use Sharp products and services for medical emergency notification, you accept that such use of the services, regardless of any delay, involves uncertainty, risk and possible serious injury, disability or death, for which you will not attempt to hold Sharp responsible or liable. You acknowledge that the Sharp equipment may experience signal transmission failures or delays for any number of reasons. Your designated contacts are authorized to act on your behalf. You acknowledge that the Sharp system employs a number of measures to help reduce occurrences of false alarms (including, without limitation, the implementation of default settings and various procedures to determine when and how to respond, if at all, to certain events) and you accept Sharp’s use of these measures.
5. NO INSTALLATION PROVIDED
Our products do not require to be installed by professional installers. We will not provide installation services of any kind, including providing assistance in physically setting up product, making any alterations to your premises, and providing installation-related consultation on your premises. You are responsible for all product installations. However, we shall provide online or over-the-phone technical support for troubleshooting any equipment or system issues during normal business hours. However, third party professional installers can be arranged at customer’s own discretion. For more information, please visit our Website.
6. LIMITED WARRANTY
Subject to your compliance with these Terms, we warrant that your purchased Sharp product will be free from defects in materials and workmanship for 12 months from the date of purchase of the product. This warranty is only valid for Sharp products purchased and used within Malaysia. This warranty does not cover damage outside of Sharp’s control, including without limitation damage caused by misuse, accident, abuse, use other than as intended and described in the product documentations, normal wear and tear, tampering, or service performed on the product by a service provider not expressly authorized by us . If during the Warranty Period, you find any Sharp product to be defective, you may contact us at your own expense, and if we confirm that there is a defect that originated with us, we shall replace it with a new or functionally operative part.
7. DISCLAIMER OF OTHER WARRANTIES
Other than the limited warranty provided under this agreement, you agree that Sharp makes no guarantee or warranty of any kind, including any implied warranty of merchantability or fitness for a particular purpose, with respect to the services Sharp performs or the products it provides. Your exclusive warranty remedy is set forth in Clause 5 above.
8. LIMITED LIABILITY
Our products and services cannot eliminate occurrences of events including, but not limited to, fires, floods, burglaries, robberies, and medical issues. We do not accept any risk that you or your property, or the person or property of others, may be subject to damage, injury or loss if such an event occurs, and we accept no liability for any such damage, injury or loss. The allocation of such risk remains with you and not with us. In accepting the terms and conditions of this agreement, you release, waive, discharge and promise not to sue or bring any claim of any type against Sharp for any damage, injury or loss relating or alleged to relate in any way to the equipment or services provided by Sharp.
9. NO INSURANCE; WAIVER OF SUBROGATION
You agree that Sharp is not an insurer and that we are not providing you with insurance of any type. The amounts you pay us are not insurance premiums and are not related to the value of your property, anyone else’s property located in your premises or any risk of loss at your premises. Instead, the amounts we charge you are based solely upon the value of the products and services we provide and upon the limited liability we assume under this agreement. If you want insurance to protect against any risk of loss at your premises, you will purchase it. In the event of any loss, damage or injury, you will look exclusively to your insurer and not to Sharp to compensate you or anyone else. You release and waive for yourself and your insurer all subrogation and other rights to recover against Sharp arising as a result of the payment of any claim for loss, damage or injury.
If any other person, including your subrogating insurer, makes any claim or files any lawsuit against Sharp in any way related to the products or services provided by Sharp to you, you agree to indemnify, defend and hold Sharp harmless from any and all such claims and lawsuits, including the payment of all damages, expenses, costs and attorneys’ fees. You duty to defend is separate and distinct from your duty to indemnify and hold harmless and arises upon the assertion of a claim or demand against Sharp and regardless whether Sharp has been found liable or whether Sharp has incurred any expense.
Your ability to receive and your receipt of notifications sent to you by our Services depend on various third party devices and service providers. We cannot and do not provide any guarantees for the availability or security of these products and services. We cannot and do not provide any guarantees for your ability to receive notifications sent to you by our Services. You must test the Services to ensure compatibility. You should also check with your operator and test your system when travelling, particularly outside Malaysia, including for any additional charges that may apply or issues with the use of Services.
Our Services may be suspended temporarily without notice in the case of attempts at denial of service, system failure, maintenance or repair, or circumstances beyond our reasonable control. No credit or refund will be provided for any period during which our Services are suspended or unavailable. In addition, we will not be responsible for, nor provide a credit or refund for, loss or interruption in Services caused by third parties, including your internet service provider, cell phone service provider, or utility providers.
Any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or invalidity thereof, shall be decided by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration. The number of arbitrator shall be one (1) and the place of arbitration shall be in Kuala Lumpur, Malaysia. Further, you agree that arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.
15. GOVERNING LAW
The Terms of this agreement will be governed by and interpreted in accordance with the laws of Malaysia, without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction. You agree that the exclusive jurisdiction (personal and, as allowed, subject matter) and venue for any action relating to the terms and conditions of this agreement shall be a court in Malaysia, and you consent to such jurisdiction and venue.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. This agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. We may transfer, assign or delegate this agreement and its rights and obligations without your consent. Both parties agree that this agreement contains the entire understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this agreement. Headings for each section have been included above for convenience, but such headings do not have any legal meaning.