1. Acceptance of Terms
By accepting these Terms, or by accessing or using the Softinn Software and services, You agree to the following terms and conditions (the "Agreement"). If You are entering into this Agreement on behalf of a company, then You represent that You have the authority to make purchase decisions for the company and all references to You shall refer to Your company.
Softinn Software and service will constantly update and change over time based on customers' feedback. These Terms are not intended to answer every question or address every issue raised by the use of Our Software. Softinn reserves the right to change these terms at any time, effective upon the posting of the modified terms and Softinn will make every effort to communicate these changes to You via email or notification via the Website. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on Our Website.
This is where We provide the detail on what the key defined terms in the Agreement mean.
It means these Customer Terms of Service and all materials referred or linked to here.
2.2 "Billing Period"
It means the period for which You agree to prepay fees under an Order Form, which will be the same as or shorter than the Subscription Term as specified in the Order Form. For example, if You subscribe to the Subscription Service for a one (1) year Subscription Term, with a twelve (12) month upfront payment, the Billing Period will be twelve (12) months.
2.3 "Communication Services"
It means third-party forums, online communities, blogs, personal web pages, calendars, and/or other social media communication facilities (such as Facebook, Twitter and LinkedIn) linked to or from the Subscription Service that enable You to communicate with the public or with a private group.
2.4 "Confidential Information"
It means all information provided by You or Us ("Discloser") to the other ("Receiver"), whether orally or in writing that is designated as confidential. Confidential Information will include Customer Data and information about the Discloser’s business plans, technical data, and the terms of the Order. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Discloser or (ii) was known to the Receiver before receipt from the Discloser.
2.5 "Customer Data"
It means any data & information that You submit or collect via the Subscription Service.
It means all materials that You provide or post, upload, input or submit for public display through the Subscription Service.
2.7 "Order" or "Order Form"
It means the Softinn-approved form or online subscription process by which You agree to subscribe to the Subscription Service. Most Orders are completed through Our online payment process.
2.8 "Sensitive Information"
It means (a) credit or debit card numbers; personal financial account information; Social Security numbers or local equivalents; passport numbers; driver’s license numbers or similar identifiers; passwords; racial or ethnic origin; physical or mental health condition or information; or other employment, financial or health information, and other regulations, laws or industry standards designed to protect similar information.
2.9 "Softinn", "We", "Us" or "Our"
It means the applicable contracting entity as specified in the 'Contracting Entity and Applicable Law' section.
It means the Software available (as may be changed or updated from time to time by Softinn) via the Website.
2.11 "Subscription Fee"
It means the amount You pay for the Subscription Service (billed monthly or annually) in accordance with the fee schedule set out on the Website (which Softinn may change from time to time on notice to You).
2.12 "Subscription Service"
It means all of Our web-based applications, tools and platforms that You have subscribed to by an Order Form or that We otherwise make available to You, and are developed, operated, and maintained by us, accessible via booking.mysoftinn.com or another designated URL, and any ancillary products and services, including website hosting, that We provide to You.
2.13 "Subscription Term"
It means the initial term of Your subscription to the applicable Subscription Service, as specified on Your Order Form(s), and each subsequent renewal term (if any).
2.14 "Third-Party Products"
It means non-embedded products and professional services that are provided by third parties which interoperate with or are used in connection with the Subscription Service. These products and services include non-Softinn apps available or links made available through the Subscription Service.
2.15 "Third-Party Sites"
It means third-party websites linked to from within the Subscription Service, including Communications Services.
It means the Internet site at the domain www.mySoftinn.com or any other site operated by Softinn.
It means You and includes Your employees, consultants, representatives and agents.
3. General Commercial Terms
During the Subscription Term, We will provide You access to use the Subscription Service as described in this Agreement and the applicable Order. This right is non-exclusive and non-transferable and limited by these Terms.
3.2 Additional Features
You may subscribe to additional features of the Subscription Service by placing an additional Order or activating the additional features from within Your Softinn account (if this option is made available by us.). This Agreement will apply to all additional Order(s) and all additional features that You activate from within Your Softinn account.
We try to make the Subscription Service available 24 hours a day, 7 days a week, except for planned down-time for maintenance.
4. Your Responsibilities
4.1 General Obligations
You must only use Softinn’s Software and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Softinn or condition posted on the Website.
You are solely responsible for the accuracy of the content entered into the Softinn Software and Services under Your user account. You agree to indemnify Softinn against liability or loss arising from, and cost incurred in connection with any content entered into the Softinn Software under Your account. Softinn shall not be responsible if it cannot obtain access to any third party website or interface that is required in order to provide the Service in the event that any link fails to connect due to changes in the third party systems. However, Softinn will make any effort to reinstate the connection.
It is Your responsibility to carefully manage Your bookings and inventory. Softinn will not be responsible for any errors in bookings (including overbooking case) and Softinn shall not be liable to indemnify for the same. You shall indemnify Us and hold Us harmless against all claims made by third parties that arise from Your failure to perform Your obligations under this Agreement.
4.2 Fees and Payments
a. Subscription Fee
All subscription fees payment shall be made in advance and payable in MYR or USD to Softinn. The charges are exclusive of any taxes, duties or other government levies or charges that the Customer shall continue to be liable for as and when the same is imposed.
Softinn Software and services are made available on a pay-as-You-go basis or pre-pay depending on Your subscription types. You will be billed monthly or annually depending on Your subscription preferences until this Agreement is terminated and it is non-refundable, notwithstanding any accounts which have been debited in error or for which appropriate notice (15 days) has been giving in writing to cancel Your subscription account with Softinn.
An invoice for the Subscription Fee will be issued to the contact provided by You during the sign up starting the first month from the date You subscribed to Softinn Software and services. Softinn invoices will be generated electronically and reach by email and/or SMS, payable within 7 days of the invoice date depending on the payment method that You choose. You are responsible for payment of all taxes and duties, if any, in addition to the Subscription Fee as and when applicable in Your country by-laws.
If You are paying by credit card, You authorize Us to charge Your credit card or bank account for all fees payable during the Subscription Term. You further authorize Us to use a third party to process payments, and consent to the disclosure of Your payment information to such third party.
If You are paying by invoice, We will invoice You no more than seven (7) days before the beginning of the Subscription Term and each subsequent Billing Period, and other times during the Subscription Term when fees are payable. All amounts invoiced are due and payable within seven (7) days from the date of the invoice, unless otherwise specified in the Order Form.
Your subscription to the Subscription Service(s) will renew automatically for a Subscription Term equivalent to Last Subscription Term. You acknowledge and agree that, unless You terminate Your Subscription Service with an advance notice of 15 days Your credit card will be charged automatically for the applicable Subscription Fee or You are liable to the payment for the applicable Subscription Fee.
You must notify Us of any change in Your credit card or other payment account information, either by updating Your Account or by emailing Us at account@mySoftinn.com.
Auto-renewal is not be applicable to the subscription that We offer as free of Subscription Fee. You would be notified in email about the expiry date of Your free of Subscription Fee plan. We will contact You for further action about Your free of Subscription Fee plan's renewal. Decision to the Renewal for free of Subscription Fee plan is wholly and exclusively at the discretion of Softinn.
Unless otherwise specified in these Terms or a Form or a Service Plan, all Subscription Fees charged are non-refundable. No refunds shall be issued for partial use or non-use of the Service(s) by You.
d. Late Payment or Non-Payment of Subscription Fee
We will send You a notification by email and/or SMS 7 days before the next Billing Period started. For payments made through credit cards, We must receive payments due within a three (3) days from the date of Our notice and for payments through other accepted methods, We must receive payment within seven (7) days from the date of Our notice.
While the reminder alerts are given to You for renewal of subscription, in the event You are not able to renew the subscription, the subscription will be suspended, forthwith terminated. We reserve the right to suspend Your subscription if it is not renewed on time.
e. Upgrade / Downgrade / Change in Subscription Plan
You may upgrade or downgrade within a Subscription Plan or between two subscription Plans. You understand that downgrading may cause loss of content, features, or capacity of the Service(s) as available to You before downgrading Your Account. We will not be liable for such loss.
For any upgrading in plan part way through the month, You will be charged a prorated amount for the current billing month, and then the amended fee from the next billing period onward. Upon downgrade, the new Subscription Fee will be applied from next billing period.
f. Sales Tax
All fees are exclusive of taxes, which We will charge as applicable. You agree to pay any taxes applicable to Your use of the Subscription Service . You shall have no liability for any taxes based upon Our gross revenues or net income. If You are subject to SST / GST, all fees are exclusive of SST / GST. If You are required to deduct or withhold any tax, You must pay the amount deducted or withheld as required by law and pay Us an additional amount so that We receive payment in full as if there were no deduction or withholding.
4.3 Use and Limitations of Use
You will not (i) use the Subscription Service in any manner that damages, disables, overburdens, or impairs any of Our Websites or interferes with any other party's use of the Subscription Service; (ii) attempt to gain unauthorized access to the Subscription Service; or (iii) use the Subscription Service for any purpose or in any manner that is unlawful or prohibited by this Agreement. You will notify Us right away of any unauthorized use of Your users’ identifications and passwords or Your account.
If You use any communication tools available through the Website (such as any forum, chat room or message center), You agree to only use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Software, including (but not limited to): offers of goods or services for sale, files that may damage any other person's computing devices or Software, content that may be offensive to any of Our other users, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).
When You make any communication on the Website, You represent that You own the content of the communication. Softinn is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Software. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, Softinn does reserve the right to remove any communication at any time in its sole discretion.
Third-Party Sites and Products are not under Our control. Third-Party Sites and Products are provided to You only as a convenience, and the availability of any Third-Party Site or Product does not mean We endorse, support or warrant the Third-Party Site or Product.
4.4 Information Provision and Confirmation
a. Display of Information
You shall display necessary accommodation products information based on Softinn’s requirement, and ensure the accuracy, legality, and truthfulness of the information. For the purpose of this Agreement, You authorise Softinn to use the product information, Your registered trademark, LOGO, hotel name, shop name, image, etc. You must likewise ensure that all the product information, registered trademark, LOGO, hotel name, shop name, image and such content have legitimate intellectual property rights. You shall compensate Softinn in full for any damage to Softinn and Your guest caused by using the product information or content provided.
You shall resolve and bear corresponding liabilities for disputes arising from Your product price errors, settlement, refund due to errors, omissions, inaccuracies, or untruthfulness of information transmitted by You, and shall compensate Softinn for any loss incurred.
You acknowledges and agrees that the hotel room rates provided to Softinn are at even parity compared to other online service provider. Softinn reserves the right to terminate the service with the You temporarily until the rates offered are at even parity.
b. Guest Complaints and Disputes
The graphic and text description of the accommodation provided by You must tally with the hotel actually occupied by Softinn’s guest. The services that You promise to provide and the service received by Softinn’s guest during their stay must be consistently maintained. If customers’ complaint caused by the above mentioned reasons arises, You shall first of all cope with the complaint. If this complaint cannot be resolved by You, Softinn shall ultimately coordinate a resolution with the affected guest, You must accept the resolution and bear all costs related to the resolution (including but not limited to, room charges, compensation fees paid to the guest, etc).
Depending on which subscription plan You subscribe to, for bookings collected by You any complaint / cost / losses shall be under Your full responsibilities. Whereas, for bookings payment collected by Softinn if Softinn suffers loss from the guest complaint, Softinn shall be entitled to deduct the compensation fee paid to the customer from the room fee collected.
c. Order Rejection
For bookings payment collected by Softinn: If, due to the reasons caused by You, guest is unable to stay in the room at a price that was booked, You shall provide an upgrade service free of charge, or, with the guest’s prior consent, arrange for the guest to stay at a hotel in the same district, the same location, of the same quality, and bear all of the associated costs such as transportation fees, the difference in room rates, etc. If You are unable to make the above arrangement, it shall refund the pre-paid booking fee to the guest, and pay a processing fee 12% from the booking value or MYR 50.00 (or equivalent to Your country currency) per transaction whichever is higher to Softinn. If local laws and regulations, industry standards, business practices of the hotel are more favourable to customers, more favourable provisions shall prevail.
For bookings payment collected by You (applicable only to certain subscription plans): Order rejection due to overbooking / double booking shall be fully handled by You. Softinn will not be responsible for this.
5. Settlement Approach
For bookings payment collected by Softinn, settlement shall be made twice a month, within seven (7) working days immediately following the cut-off date. Softinn practices two pay-outs per month, as below:
|Monthly Pay-out||Cut-off Date|
|First Half||13th of every month|
|Second Half||27th of every month|
The settlement pay-out will be calculated based on Your guest’s check-out date. Bookings with check-out date ranging from 28th of previous month to 13th of the current month will be included in the First Half pay-out of the month. For check-out dates happen in between 14th to 27th (both inclusive) of the month will then fall into the Second Half pay-out of the month.
Softinn will make payment to Your designated bank account within seven (7) days immediately following the cut-off date. However, if any reasonable refund, processing fees or compensation from the customers arises, the amount shall be deducted during the settlement.
You shall guarantee the accuracy of its payee's bank account used for settlement, and bear the loss caused due to incorrect information provided. If there is any change on Your bank account information, You shall expressly notify Us in writing fifteen (15) working days in advance before the next nearest settlement pay-out date.
Depending on which subscription plan You subscribe to, for bookings collected by You, Softinn will not collect the booking amount from Your guest on behalf of You. You are solely responsible to the payment collection from Your guest, communication with Your guest, and also provision of the accommodation service to Your guest as promised. Under this circumstance, any cancellation requested by Your guest shall be dealt with between You and Your guest. No-show from Your guest shall also be handled by You. No settlement is performed by Softinn.
Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
6.1 Access Security
Softinn shall provide You with a username and password to access the Softinn Software & services.
All users who - access the Softinn Software and services do so with user credentials provided by us. You are solely responsible for maintaining the confidentiality of Your user account information and Your password. You agree to accept responsibility for all activities and changes to data that occur under Your user account(s). We will not be held accountable for changes made by either the users or by the associated vendors.
6.2 Personal Information
Besides, if You choose to correspond with Us through email, We may retain the content of Your email messages together with Your email address and Our responses. We provide the same level of protection for electronic communications as We do for information received by mail and telephone.
Registration or correspondence with Us via email constitutes a commercial relationship and implies consent for Us to communicate with You regarding Our services. We promise to only send You information deemed relevant to Our commercial relationship and any email communication You may receive from Us highlighting Our services, special offers or promotions will include an opt out or unsubscribe feature.
6.3 Use of Your Information
We use personal information for purposes of administering Our business activities, provision of services, monitoring the use of services, marketing and promotional efforts, improvement of Our content and service offerings, and customization of Our Website’s content, layout, services and other lawful purposes. These activities improve Our site and enable Us to better tailor it to meet Your needs.
We may also use the information We collect to notify You about important changes to Our Website, new services, and special offers We think You will find valuable. You may notify Us at any time if You do not wish to receive these offers.
We do not share, sell, lend or lease any of the information that uniquely identify a subscriber (such as email addresses or personal details) with anyone except to the extent it is necessary to process transactions or provide services that You have requested.
If the data or information is to be used for legal or compliance purposes, we, in good faith, believe that the law requires it or for the protection of Our legal rights. We may also disclose account information when We have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating Our Terms of Service or to protect the safety of Our users and the Public.
6.4 Sensitive Information
The security of Your personal information is important to us. When You enter sensitive information on Our Website, We encrypt that information using secure socket layer technology (SSL). When credit card details are collected, We simply pass them on in order to be processed as required. We never permanently store complete credit card details.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once We receive it.
7. Intellectual Property
All contents, text, images, data, information and other material displayed, available or present on Softinn system and the Website, including any trademarks or copyrights, remain as the property of Softinn or the designated owner and are protected by applicable intellectual property laws. You agree not to infringe upon or dilute any intellectual property of Softinn, as well as not to remove or modify any trademark, copyright or other proprietary notice appearing on Softinn Website. You are not allowed to link to, reproduce, sell, publish, distribute, modify, or display this Website or any Content without prior written permission of Softinn.
You agree not to upload copyrighted or other proprietary material of any kind on Softinn System without the express permission of the owner of that material. You are solely responsible for the content in Your account and for any offense, claims or damages that arise from the content of those materials.
8. Limitation of Liability
To the maximum extent permitted by law, Softinn excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of Data, profits and savings) or damage resulting, directly or indirectly, from the use of, or reliance on, the Software.
If You suffer loss or damage as a result of Softinn's negligence or failure to comply with these Terms, any claim by You against Softinn arising from Softinn’s negligence or failure will be limited in respect of any one incident, or series of connected incidents to the access fees paid by You in the previous one month. If You are not satisfied with the Software, Your sole and exclusive remedy is to terminate these Terms.
The provision of, access to, and use of, the Software is on an "as is, where is" basis and at Your own risk. Softinn does not warrant that the use of the Software will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Software, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Software. Softinn is not in any way responsible for any such interference or prevention of Your access or use of the Software. It is Your sole responsibility to determine that the Software meets the needs of Your business.
We disclaim all liability with respect to third-party products that You use.
You understand and agree that absent Your Agreement to this limitation of liability, We would not provide the subscription service to You.
If You wish to terminate this Agreement, a written notice must be submitted to the Softinn 15 days in advance. Notice shall be sent to firstname.lastname@example.org. If You choose to terminate Your subscription prior to the end of Your subscription plan, no refund will be provided for payment You made for Your subscription. At the time of termination or after the termination, Softinn reserves the right to delete all Your account content and related details. Your content cannot be recovered once Your subscription is cancelled.
Termination of these Terms is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
(i) remain liable for any accrued charges and amounts which become due for payment before or after termination;
(ii) remain responsible to serve all the upcoming bookings which have been accepted and confirmed before the termination;
(iii) and immediately cease to use the Software and the Website.
(i) breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
(ii) breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach or any payment more than 30 days overdue); or
(iii) go into liquidation or have a receiver or manager appointed of any of its assets or becomes insolvent, or makes any arrangement with its creditors, or becomes subject to any similar insolvency event in any jurisdiction,
Softinn, at its entire discretion, may
(i) Terminate these Terms and Your use of the Software and the Website; and/or
(ii) Suspend for any definite or indefinite period of time, Your use of the Software and the Website;
10. Technical Support and Helpdesk
In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Softinn. If You still need technical help, please check the support provided online by Softinn or failing that email Us at email@example.com.
Whilst Softinn intends that the Software should be available 24 hours a day, seven days a week, it is possible that on occasion it may be unavailable to permit maintenance or other development activity to take place. If for any reason Softinn have to interrupt the Software for longer periods than Softinn would normally expect, We will use reasonable endeavors to publish in advance details of such activity on the Website.
In the case of general inquiries, please check the Live Chat support provided online by Softinn or failing that email Us at firstname.lastname@example.org. We attempt to respond to email and in-app support questions within one business day; in practice, Our responses are generally even faster. We do not promise or guarantee any specific response time. We may limit or deny Your access to support if We determine, in Our reasonable discretion, that You are acting, or have acted, in a way that results or has resulted in misuse of support or abuse of Softinn representatives.
a. Entire Agreement
b. No Waiver
We may update and change any part or all of this Agreement, including the fees and charges associated with the use of the Subscription Service (but, Your fees and charges won’t change during the Subscription Term except as We explain in the ‘Fees and Payments’ section above.) If We update or change this Agreement, the updated Agreement will be posted on Softinn Website and We will inform You via email.
If You do not agree with a modification to the Agreement, You must notify Us in writing within 15 (15) days after receiving notice of modification. If You give Us this notice, Your subscription will continue to be governed by the terms and conditions of the Agreement prior to modification for the remainder of Your current term. Upon renewal, the Agreement published by Us on Our Website will apply.
No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
c. Force Majeure
Neither party will be responsible for failure or delay in performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
If any part of this Agreement or an Order Form is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Softinn must be sent to email@example.com or to any other email address notified by email to You by Softinn. Notices to You will be sent to the email address which You provided when setting up Your access to the Software, and will be deemed delivered as of the date of actual receipt.
Rights of Third Parties: A person who is not a party to these Terms has no right to benefit under or to enforce any term of this Agreement.
You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of Your assets, change of control or operation of law, without Our prior written consent, which will not be unreasonably withheld. We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of Our assets, change of control or operation of law.
g. Governing Law and Jurisdiction
The laws of Malaysia, shall govern this Agreement. Any disputes arising out of this Agreement shall be subject to the jurisdiction of the courts located in Malaysia.