Current as of 25 Nov 2024
Terms & Conditions
These Terms and Conditions ("Terms") govern your use of the Roxa website (www.roxa.app), mobile applications, and related digital services (collectively, the "Services") provided by Roxa Sdn. Bhd. (Registration Number: 202101032345) ("Roxa", "we", "us", or "our"). You agree to be bound by these Terms by accessing or using our Services. If you disagree with any part of these terms, you must not use our Services.
Electronic Communication
By using Roxa's Services, you consent to receive our communications electronically. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement for written communication. You acknowledge that when you use our Services, you are communicating with us electronically through your actions.
Definitions
Throughout these Terms and Conditions, unless the context requires otherwise, the following definitions shall apply:
Core Service Definitions
"Services" means collectively:
- The Roxa website (www.roxa.app)
- Roxa mobile applications for iOS and Android platforms
- Roxa point-of-sale system and related functions
- Inventory management system
- Spa and salon booking platform
- All associated software, features, and functionalities
- Any updates, modifications, or enhancements to the above
"Platform" means the technological infrastructure, including software, hardware, and digital systems, that enables Roxa's Services to be delivered.
"Content" means any:
- Text, images, audio, video, or multimedia material
- Graphics, photos, sounds, music, designs, icons, logos
- Software code, interface, and functionality
- Data, documentation, and other materials
- Any other information made available through the Services
User-Related Definitions
"User" means any person or entity who:
- Accesses or uses the Services
- Creates or maintains an account with Roxa
- Downloads, installs, or utilizes the mobile application
- Interacts with any part of the Services
"Account" means the registered user profile and associated credentials that enable access to the Services.
"Credentials" means usernames, passwords, authentication tokens, and other security features used to access the Services.
Technical Definitions
"Device" means any:
- Mobile phone, tablet, or computer
- Point-of-sale hardware
- Receipt printer or scanner
- Payment terminal
- Other hardware used to access the Services
"Mobile Application" means:
- The iOS version of the Roxa application
- The Android version of the Roxa application
- Any related mobile software components
- Associated mobile features and functions
"GPS Features" means:
- Location tracking capabilities
- Geographic positioning functions
- Location-based services
- Navigation features
- Location data collection and processing
"Camera Features" means:
- Barcode scanning functionality
- QR code reading capabilities
- Image capture functions
- Document scanning features
- Photo storage and processing
Data-Related Definitions
"Personal Information" means any information that can identify an individual, including but not limited to:
- Name, address, and contact details
- Demographic information
- Login credentials and account information
- Payment and transaction data
- Device identifiers and usage data
- Location data and camera data
"Business Data" means:
- Transaction records
- Inventory information
- Customer databases
- Sales analytics
- Business performance metrics
- Operational statistics
Security-Related Definitions
"Security Features" means:
- Authentication mechanisms
- Encryption protocols
- Authorization
- Access control
- Data protection measures
- Security monitoring systems
"Authorized Access" means permitted use of the Services by:
- User account permissions
- Access level restrictions
- Security protocols
- Usage Policies
Legal and Compliance Definitions
"Terms" means:
- These Terms and Conditions
- Privacy Policy
- Any additional policies or agreements
- All amendments and updates to the above
"Intellectual Property Rights" means:
- Patents, trademarks, and copyrights
- Trade secrets and proprietary information
- Software licenses and rights
- All other intellectual property rights
Commercial Terms
"Service Provider" means Roxa Sdn. Bhd., its affiliates, employees, agents, and authorized representatives.
"Third-Party Services" means:
- External payment processors
- Integration partners
- Cloud service providers
- Other external service providers
- Connected applications and services
These definitions may be updated or modified occasionally, and additional definitions may be included as new features or services are introduced. Any capitalized terms used but not defined in these Terms shall have the meanings given to them in applicable Malaysian law or common industry practice.
As is and available basis
General Disclaimer of Warranties
THE SERVICES PROVIDED BY ROXA SDN. BHD. ("ROXA"), INCLUDING BUT NOT LIMITED TO THE WEBSITE, MOBILE APPLICATIONS, POINT-OF-SALE SYSTEM, AND ALL RELATED FEATURES AND FUNCTIONALITIES, ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. ROXA EXPLICITLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Specific Service Disclaimers
Service Availability and Performance
ROXA MAKES NO WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY, RELIABILITY, OR PERFORMANCE OF THE SERVICES. We do not guarantee:
- Continuous, uninterrupted access to our Services
- Specific levels of uptime or system availability
- Response times or processing speeds
- The absence of service disruptions or delays
- The availability of any particular feature or functionality
- The continued availability of any part of the Services
Security and Data Protection
WHILE WE IMPLEMENT REASONABLE SECURITY MEASURES, WE MAKE NO WARRANTIES REGARDING THE SECURITY OF THE SERVICES, INCLUDING:
- The prevention of unauthorized access
- The security of data transmission
- The absence of security breaches
- The security of stored information
- Protection against malware or cyber attacks
- The security of payment processing
- The privacy of user information
Technical Functionality
WE DO NOT WARRANT THAT THE SERVICES WILL:
- Function without errors, bugs, or interruptions
- Meet your specific requirements or expectations
- Be compatible with all devices, operating systems, or browsers
- Operate at any particular speed or efficiency
- Support all features on all devices
- Function properly in all environments
GPS and Location Services
REGARDING LOCATION-BASED SERVICES, WE EXPLICITLY DISCLAIM ANY WARRANTY REGARDING:
- The accuracy of GPS coordinates
- The reliability of location tracking
- The precision of distance calculations
- The timeliness of location updates
- The consistency of location services
- The availability of GPS signals
- The accuracy of mapping features
- Battery consumption related to location services
Camera Functionality
CONCERNING CAMERA-BASED FEATURES, NO WARRANTY IS MADE REGARDING:
- The accuracy of barcode scanning
- The quality of image capture
- The reliability of QR code reading
- The performance in various lighting conditions
- The compatibility with different camera hardware
- The processing speed of visual data
- The storage of captured images
Point-of-Sale System
REGARDING THE POS SYSTEM, WE DISCLAIM ANY WARRANTY CONCERNING:
- Transaction processing speed
- Payment gateway integration reliability
- Report generation accuracy
- Inventory tracking precision
- Data synchronization
- Receipt printing functionality
- Integration with external hardware
- Backup and recovery capabilities
Information Accuracy and Data Reliability
NO WARRANTY IS MADE REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING SPECIFIC DISCLAIMERS:
Data and Information Accuracy
We make no representations or warranties regarding the following:
- The accuracy of any business data, including sales figures, inventory counts, or financial calculations
- The precision of customer information or transaction records
- The correctness of tax calculations or financial reports
- The accuracy of inventory tracking or stock levels
- The reliability of pricing information or discounts
- The precision of employee time tracking or commission calculations
- The accuracy of appointment scheduling or booking information
- The correctness of historical data or archived information
Record Completeness
We do not guarantee:
- The completeness of any transaction histories
- The preservation of all system logs or audit trails
- The retention of all customer interaction records
- The completeness of inventory movement records
- The preservation of all historical data
- The completeness of backup records
- The retention of all business analytics data
- The conservation of all user activity logs
Update Timeliness
No warranty is made concerning:
- Real-time synchronization of data across devices
- Immediate reflection of inventory adjustments
- Instantaneous updates to pricing or promotional information
- Real-time updates of sales reports or analytics
- Immediate synchronization with third-party services
- Timely delivery of system notifications or alerts
- Prompt updates to customer loyalty programs
- Instantaneous reflection of payment status
Calculation Reliability
We explicitly disclaim any warranty regarding the following:
- The accuracy of financial calculations or totals
- The precision of tax computations
- The reliability of commission calculations
- The accuracy of inventory valuation
- The correctness of profit margin calculations
- The precision of statistical analyses
- The accuracy of forecasting algorithms
- The reliability of performance metrics
Analytics Precision
No guarantee is made regarding the following:
- The accuracy of business intelligence reports
- The reliability of trend analysis
- The precision of predictive analytics
- The accuracy of customer behavior analysis
- The reliability of sales forecasting
- The precision of inventory optimization calculations
- The accuracy of performance metrics
- The reliability of comparative analytics
Report Accuracy
We do not warrant:
- The accuracy of generated reports
- The completeness of analytical summaries
- The precision of financial statements
- The reliability of inventory reports
- The accuracy of sales summaries
- The correctness of tax reports
- The precision of employee performance reports
- The accuracy of customer relationship reports
Business Insights
No warranty is provided regarding:
- The reliability of business recommendations
- The accuracy of market trend analysis
- The precision of customer behavior predictions
- The reliability of inventory recommendations
- The accuracy of staffing suggestions
- The correctness of pricing optimization advice
- The reliability of business performance insights
- The accuracy of competitive analysis
Data Processing and Storage
We explicitly disclaim any warranty concerning:
- The preservation of data integrity during processing
- The accuracy of data aggregation
- The reliability of data migration
- The precision of data conversion
- The accuracy of data import/export operations
- The reliability of data backup processes
- The completeness of data recovery
- The accuracy of data transformation
Third-Party Data Integration
No warranty is made regarding:
- The accuracy of imported third-party data
- The reliability of external data sources
- The precision of integrated information
- The timeliness of third-party updates
- The completeness of imported records
- The accuracy of cross-platform synchronization
- The reliability of external APIs
- The precision of third-party calculations
User Responsibility
You acknowledge and agree that:
- You are solely responsible for verifying the accuracy of all information
- Critical business decisions should not be made exclusively based on system data
- Regular verification of important information is necessary
- Backup systems should be maintained for critical data
- Independent verification of calculations may be required
- Professional advice should be sought for essential decisions
- Regular audits of system data should be conducted
- Alternative record-keeping systems may be necessary
Third-Party Services and Integration
WE MAKE NO WARRANTIES REGARDING THE FOLLOWING:
- The availability of third-party services
- The reliability of external integrations
- The compatibility with third-party software
- The accuracy of third-party data
- The security of external connections
- The performance of integrated services
- The continued availability of third-party features
Device and System Compatibility
NO WARRANTY IS PROVIDED REGARDING:
- Compatibility with specific devices
- Performance on different operating systems
- Function with various internet connections
- Operation with varying configurations of hardware
- Integration with peripheral devices
- Support for different screen sizes
- Compatibility with future device updates
User Responsibility
YOU EXPRESSLY AGREE THAT:
- Your use of the Services is at your sole risk
- You must evaluate and bear all risks associated with using the Services
- You are responsible for any consequences of Service use
- You must maintain appropriate backups of your data
- You must verify any critical information
- It would be best if you implemented appropriate business continuity measures.
- You must assess the suitability of the Services for your needs.
Limitation of Remedies
IN THE EVENT OF ANY FAILURE OF THE SERVICES TO CONFORM TO ANY APPLICABLE WARRANTY NOT DISCLAIMABLE UNDER MALAYSIAN LAW:
- Your exclusive remedy shall be the repair or replacement of the Services
- If repair or replacement is not commercially practicable, termination of service and refund of any prepaid fees for unused periods
- No other remedies shall be available.
These disclaimers are international and inclusive, as permitted by Malaysian law. If any portion of these disclaimers is unenforceable, only that portion shall be stricken while the remainder stays in full effect.
Camera Access
Our Services require camera access for various functions, including:
- Barcode scanning
- Product photography
- QR code processing
- Document scanning
YOU ACKNOWLEDGE THAT CAMERA ACCESS IS ESSENTIAL FOR CERTAIN FUNCTIONALITIES AND CONSENT TO SUCH ACCESS WHEN USING THESE FEATURES.
Location Services
Our Services utilize GPS and location services for:
- Transaction location verification
- Multi-location business management
- Location-based features
- Staff tracking and management
- Route optimization
YOU ACKNOWLEDGE THAT LOCATION SERVICES MAY BE IMPACTED BY VARIOUS FACTORS, INCLUDING TERRAIN, WEATHER, AND DEVICE LIMITATIONS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ROXA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO:
a) System failures or interruptions b) Data loss or corruption c) GPS or location inaccuracies d) Camera function errors e) Business losses f) Lost profits or revenue g) Equipment damage h) Personal injury i) Any other losses arising from use of the Services
INTELLECTUAL PROPERTY
All content, features, and functionality of the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of Roxa or its licensors and protected by Malaysian and international intellectual property laws.
PROHIBITED ACTIVITIES
You agree not to:
- Modify, adapt, or hack the Services
- Use the Services for any illegal purpose
- Interfere with the Services' security features
- Reverse engineer any aspect of the Services
- Access data not intended for you
- Use automated systems to access the Services
- Transmit any viruses or harmful code
Termination of Services
At Roxa, we reserve the right to protect our Services and user community through careful oversight of service access and usage. While we value our relationship with each user, circumstances may arise that require us to take action regarding service access. Should we determine that such action is necessary, we reserve the right to immediately suspend, restrict, or terminate your access to our Services without prior notice or liability
We may need to take such action if we detect any breach of these Terms and Conditions, violation of applicable laws, or behavior that threatens the security or integrity of our Services. This includes, but isn't limited to, situations where we identify suspicious transaction patterns, unauthorized access attempts, or actions that could compromise our system's stability. Additionally, we must comply with legal requirements, including court orders, regulatory directives, or law enforcement requests that may necessitate service termination.
Should termination become necessary, several immediate changes will take effect. Your access to all Services, including the website, mobile applications, and integrated services, will cease immediately. Your user accounts will be deactivated, and all system credentials will be blocked. We understand this can impact your business operations, so we've established clear protocols for handling your data during this transition.
Upon termination, you must cease using our Services and ensure that any locally stored data, software installations, or cached credentials are appropriately removed from your systems. Any provided hardware must be returned to us. We'll work with you to ensure any outstanding financial obligations are settled, including processing final charges and addressing any pending transactions.
We maintain specific retention periods for your data that comply with regulatory requirements and business needs. Following termination, your data will be retained for a standard period to comply with legal obligations and allow any necessary transition period. After this retention period, we'll initiate our secure deletion procedures and provide appropriate documentation of data destruction when required
Indemnification and Legal Responsibilities
Using our Services comes with specific legal responsibilities. As a user of Roxas Services, you agree to protect and defend our company and our officers, directors, employees, agents, licensors, and suppliers against various legal challenges that might arise from using our Services.
This protection extends to any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) that result from your use of our Services. We take this seriously because your actions within our system can have far-reaching implications. This includes how you use our Services, the content you upload or share, and how you conduct your business operations through our platform.
We've established clear procedures to handle indemnification efficiently should a situation arise. If we become aware of a potential claim, we'll promptly notify you in writing, providing all relevant details about the claim and any supporting documentation. We expect your cooperation in these matters, including providing information, preserving evidence, or assisting with witness testimony if required.
We maintain certain rights to defend any claims in legal proceedings. This includes choosing appropriate legal counsel and making decisions about settlement strategies. However, we understand the importance of collaboration in these situations. Any settlements that could affect your rights or obligations will require your written consent, and we'll work together to ensure a fair and reasonable resolution of any legal challenges.
It's important to note that while this indemnification is broad, it does have limits. We don't expect you to defend us against claims arising from our own gross negligence, willful misconduct, or fraudulent actions. We've established reasonable liability caps to ensure that indemnification obligations remain proportional and fair.
These obligations don't end with the termination of our relationship. The responsibility to protect and defend against claims related to your use of our Services continues even after you stop using them. This is particularly important for claims that might arise from past actions but are discovered later.
We require users to maintain adequate insurance coverage to meet these obligations. This provides additional protection for all parties involved and helps ensure that legal obligations can be adequately fulfilled.
We view these indemnification requirements not as mere legal formalities but as essential elements of our mutual commitment to the responsible use of our Services. They help us maintain a secure and reliable platform while ensuring that all users take appropriate responsibility for their actions within our system.
GOVERNING LAW
These Terms shall be governed by and construed by the laws of Malaysia. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the Malaysian courts.
CHANGES TO TERMS
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of the Services following any changes indicates your acceptance of such changes.
SEVERABILITY
If any provision of these Terms is unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary while preserving the remaining provisions.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Roxa regarding using the Services, superseding any prior agreements.
DEVICE SECURITY AND USER RESPONSIBILITIES
You are responsible for:
- Maintaining the security of any device used to access our Services
- Ensuring your device has current security updates and anti-virus protection
- Protecting your login credentials and authentication tokens
- Immediately reporting any unauthorized access to your account
- Securing your device's camera and GPS functions when not in use
- Maintaining secure network connections when using our Services
THIRD-PARTY INTEGRATIONS
While our Services may integrate with third-party applications and services:
- We make no warranties about third-party services or their compatibility
- Integration with third-party services is at your own risk
- We are not responsible for any data transmission to third-party services
- Third-party services are subject to their terms and conditions
- We may modify or terminate third-party integrations at any time
SERVICE AVAILABILITY AND MAINTENANCE
System Availability
We strive to maintain high service availability but:
- We cannot guarantee uninterrupted access to our Services
- May perform maintenance at any time without notice
- May modify or discontinue features without prior notification
- Are not liable for any system downtime or data unavailability
Force Majeure
Neither Roxa nor its users shall be liable for any failure or delay in performing their obligations under these Terms where such failure or delay results from circumstances beyond reasonable control. Such circumstances include but are not limited to, acts of God, natural disasters, pandemics, epidemics, fire, flood, earthquake, severe weather conditions, governmental actions, civil unrest, terrorist attacks, war, labor disputes, telecommunications failures, internet service provider failures, or widespread power outages. This protection extends to situations affecting either our direct operations or those of our critical service providers, including data centers, cloud services, and essential third-party integrations. Suppose such an event occurs and impacts our ability to provide the Services. In that case, we will make reasonable efforts to notify you promptly through available communication channels and work diligently to minimize any disruption to our Services. During such events, you acknowledge that the Services may be intermittent, delayed, or unavailable, and both parties agree to cooperate in good faith to determine a fair and reasonable course of action based on the circumstances. Once the force majeure event has passed, we will resume regular operation of our Services as quickly as practicable.
DATA ACCURACY AND INTEGRITY
GPS and Location Data
You acknowledge that:
- GPS accuracy varies based on device quality and environmental conditions
- Location data may be delayed or inaccurate
- Satellite signals may be interrupted or distorted
- Indoor locations may have limited GPS functionality
- Battery usage may be increased when using location services
Camera and Imaging
Regarding camera functionality:
- Image quality depends on your device's capabilities
- Lighting conditions may affect scanning accuracy
- Some barcodes or QR codes may not be readable
- Storage of images is subject to device capacity
- Device permissions may limit camera functionality
BUSINESS CONTINUITY
You are responsible for:
- Maintaining your backup of critical business data
- Creating contingency plans for service interruptions
- Testing alternative methods for critical operations
- Regularly exporting and backing up your data
- Maintaining offline records of essential information
USER CONTENT AND DATA
Regarding content you create or upload:
- You retain ownership of your content
- You grant us a worldwide license to use your content
- We may monitor and remove inappropriate content
- We are not responsible for lost or damaged content
- We may preserve content for legal requirements
TECHNICAL REQUIREMENTS
Your use of our Services requires:
- Compatible devices with current operating systems
- Adequate internet connectivity
- Sufficient device storage
- Appropriate device permissions
- Regular software updates
- Compliance with minimum technical specifications
DISPUTE RESOLUTION
Informal Resolution
Before initiating legal proceedings:
- Parties must attempt good-faith negotiation
- Written notice of disputes must be provided
- 30-day cooling-off period for resolution
- Mediation may be required before litigation
Legal Proceedings
If informal resolution fails:
- Exclusive jurisdiction of Malaysian courts
- Proceedings must be in English
- Each party bears their legal costs
- Class actions are waived
- Small claims may be pursued separately