Service Terms

Service Terms

(2013/10/09)

  1. PLEASE READ THIS – END USER LICENSE AGREEMENT- (“EULA”) CAREFULLY. BY TAKING ANY STEP TO DOWNLOAD, SET-UP, INSTALL OR USE ALL OR ANY PORTION OF “Lian Shun Technology (M) Sdn Bhd “ (“LEAF”), A FREE MOBILE COMMUNICATION AND SOCIAL NETWORKING APPLICATION (INCLUDING BUT NOT LIMITED TO THE SOFTWARE, FILES AND DOCUMENTATION (“SOFTWARE”)) OR USING LEAF’S SERVICES IN CONNECTION WITH THE SOFTWARE, INCLUDING BUT NOT LIMITED TO: (I) ACCESS TO RESOURCES; AND/OR (II) ACCESSING PERSONALIZED CONTENTS THROUGH LEAF’S “LEAF SMART COMMUNITY” NETWORK AND/OR OTHER NETWORKS OPERATED BY LEAF (“SERVICES”), YOU AND YOUR COMPANY (EACH AND COLLECTIVELY REFERRED TO AS “LICENSEE”) ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS EULA. IF YOU ACQUIRE THIS SOFTWARE FOR YOUR COMPANY’S USE, YOU REPRESENT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE WHO HAS THE AUTHORITY TO LEGALLY BIND YOUR COMPANY TO THIS EULA. IF LICENSEE DOES NOT AGREE TO THIS EULA, LICENSEE MAY NOT USE THIS SOFTWARE AND MUST IMMEDIATELY REMOVE THE SOFTWARE FROM THE LICENSEE’S MOBILE DEVICE, MOBILE COMMUNICATION TERMINAL OR COMPUTER.
  2. UPDATES TO THIS EULA
    1. This EULA may be updated by Lian Shun Technology (M) Sdn Bhd from time to time. Once this EULA is updated or amended, Lian Shun will release the updated terms of the EULA in the Software or on Lian Shun’s web page at http://leaf.com.my. By virtue of entering into this EULA and the Licensee’s continued use of the Software or Service, the Licensee agrees and accepts that once the updated terms of the EULA are released, the updated terms will effectively replace the original terms of the EULA. The Licensee may login to the Software or website to review the latest version of the terms of this EULA at any time. Should the Licensee not agree to the updated version of the EULA, Licensee shall discontinue usage of the Software and Services and immediately remove the Software from the Licensee’s mobile device, mobile communication terminal or computer.
  3. OWNERSHIP OF THIS SOFTWARE
    1. This Software was developed and is owned by Lian Shun Technology (M) Sdn Bhd. All the ownership of intellectual property rights in this Software (including but not limited to any code, image, data, text and add-in programs contained in this Software and in any and all future updates, modifications, revisions and/or derivative works of the Software), and attached supporting documentation belong to Lian Shun and may not be used, reproduced, altered, distributed, exploited or otherwise dealt with by the Licensee without written authorization from Lian Shun, unless said usage, reproduction, alteration, distribution exploitation and dealing is expressly provided for in this EULA.
  4. SOFTWARE LICENSE
    1. Subject to the terms of this EULA, Lian Shun grants to Licensee a personal, non-exclusive, non-transferable, limited license to install and use one (1) copy of the Software on one (1) mobile communication terminal, internally for the personal, non-commercial purposes as described in the documentation of the Software, which is available at Lian Shun’s web page. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement or “Read Me” file. Except as expressly stated herein, this EULA does not grant Licensee any intellectual property rights in the Software and all rights not expressly granted are reserved by Lian Shun.
    2. This EULA is valid for an indefinite period from the date on which the Licensee accepts this EULA until termination pursuant to this EULA.
  5. SOFTWARE ACCOUNT
    1. The Licensee may use the Software and enjoy various Services provided by Lian Shun and/or its Affiliates (as defined in Clause 8.2) by registering a Leaf account (“LEAF account”). The LEAF account is the property of Lian Shun. After completing the registration application for a LEAF account, the Licensee then has the right to use the LEAF account. The LEAF account can only be used by the initial registrant and the Licensee shall not sell, assign, sub-license, disclose, or otherwise transfer the LEAF account.
    2. The Licensee has the right to change and/or delete the Licensee’s personal data, registration information and content submitted to the LEAF account. The Licensee hereby acknowledges that deleted data will not be recovered and the Licensee should bear the risk associated with such action.
    3. The Licensee shall be responsible for the safekeeping of the LEAF account and the password, and be fully and legally responsible for all activities performed through the use of the LEAF account and the password. The Licensee is not permitted to use the accounts or passwords of other Licensees under any circumstances. If the Licensee suspects his or her account is being used by others without permission, the Licensee hereby agrees to immediately notify Lian Shun.
    4. If a Licensee has not logged in to his/her LEAF account for more than 90 consecutive calendar days, Lian Shun reserves the right to terminate his/her LEAF account. Licensee shall bear all responsibilities for the issues caused due to the termination of account including loss of Licensee account data.
  6. RESTRICTIONS
    1. Without the prior written consent of Lian Shun, the Licensee may not:
    2. reproduce the Software in whole or in part;
    3. use the Software to provide services to third parties;
    4. implement, use, sell, distribute, transfer or permit any third party to implement, use, sell, distribute or transfer the Software and all the intellectual property rights thereof;
    5. copy, alter, amend, or create any derivative works based on the Software or any part or component thereof, or any data released to any mobile communication terminal’s internal memory by the Software and interactive data between client terminal and server’s terminal during the Software’s operation (which restricted acts include, but not limited to, the creation of plug-ins, add-on programs, outside hanging or any unauthorized third party’s tool/service accessing the Software and correlative systems);
    6. remove, delete, alter or obfuscate any proprietary notices or marks (including without limitation the copyright statements) on the Software;
    7. reengineer, de-compile, disassemble, alter, translate or reverse engineer the Software or any part or component thereof (except as may be permitted by applicable laws which permit such activities notwithstanding this contractual prohibition);
    8. amend or destroy the original state of the Software;
    9. use the Software to take any actions to threaten the security of the Lian Shun network, including but not limited to using data or entering server/account without permission; entering public networks or others’ operating systems and deleting, amending or adding the stored information without permission; attempting without permission to detect, scan or test the weakness of the Software system or the Lian Shun network or attempting without permission to conduct any other activities to damage the network security system; attempting without permission to intervene with or affect the normal operation of the Software or the website; intentionally spreading malicious programs or viruses, and taking other actions to damage or intervene with the normal information service of the network; forging part or all of the titles of TCP/IP packets;
    10. log in or use the Software and Services of Lian Shun by means of a third party’s compatible software or system not developed, authorized or approved by Lian Shun; as to the Software and Services of Lian Shun, the Licensee uses the plug-ins and outside hanging not developed, authorized or approved by Lian Shun;
    11. use the Software without the prior written consent of Lian Shun to use, lease, lend, copy, revise, link to, cite, compile, issue or publish the information related to the Software, or to build mirror websites of said information or to develop related derivative products, works, services, plug-ins, outside hanging, compatibility or interconnection without authorization;
    12. use the Software to publish, deliver, transmit or store any content that contravenes the laws of any country, or threatens the national security, social stability, public order and morals of any country, or to publish, deliver, transmit or store any content that is inappropriate, insulting, defamatory, obscene, violent and against the laws, regulations and policies of any country;
    13. use the Software to publish, deliver, transmit or store content that infringes other’s intellectual property rights, trade secrets or other legal rights;
    14. use the Software, to issue, deliver or transmit bulk advertisements, unsolicited communications, spam or junk information;
    15. use the Software to deliver, transmit or otherwise accomplish the transmission of the files including pictures, photos, software or other materials, which are under the protection of intellectual property laws, such as (but not limited to), copyright or trademark laws (or right of privacy or right to publicize), unless the Licensee owns or controls the related rights or have obtained the necessary authorization;
    16. use the Software to use any material or information that contains pictures or photos which have been acquired by infringing existing trademark, copyright, patent, trade secrets or other exclusive rights of other third parties;
    17. use the Software to amend or forge the instruction, data and data packet in the running of software works, add, delete, decrease or change the functions or running effects of software, spread the Software for the foresaid purposes to the public through information network, or operate them;
    18. use the Software to apply the Software and Services offered by Lian Shun to the running of equipment putting humans or their belongings in danger; the Licensee understands that the Software and Services offered by Lian Shun are not designed for the above purposes and to the maximum extent permitted by applicable law, the Licensee agrees, acknowledges and consents that Lian Shun will not bear any liability or be responsible for the personal injury or death, loss or damage to belongings or destruction of the environment due to the Software and/or Services being used for such purposes;
    19. sell, lease, lend, spread, transfer or sub-license the Software and/or Services or gain profits from using the Software and/or Services regardless of whether the above acts were committed for the purpose of achieving any direct or indirect economic gain; and
    20. use the Software and other Services offered by Lian Shun in any other illegal manner, for any illegal purpose or in any form inconsistent with this EULA.
  7. TERMINATION OF LICENSE
    1. Notwithstanding anything to the contrary in this EULA, and to the maximum extent as permitted by law, the Licensee hereby agrees, acknowledges and consents that Lian Shun shall have the right to terminate this EULA for any reason which Lian Shun deems proper and necessary (including termination for convenience) on thirty (30) days written notice to the Licensee without incurring penalties of any nature whatsoever. The Licensee further agrees that any reason given by Lian Shun for termination purpose shall be deemed a legitimate reason.
    2. If the Licensee breaches any of the stipulations in this EULA, to the maximum extent permitted by applicable law, Lian Shun may, at its sole and absolute discretion, immediately terminate, suspend in part or in whole, or restrict the Licensee’s right to use the Software without notice.
  8. SOFTWARE Updates AND SERVICE
    1. If Licensee is receiving an update or an upgrade to, or a new version of the Software (“Update”), Licensee must possess a valid license to such previous version of the Software in order to use the Update. All Updates are provided to Licensee pursuant to the terms of the license for the Software under this EULA. Further, Licensee agrees that by using an Update, Licensee voluntarily terminates Licensee’s right to use any previous version of the Software.
    2. The Software activates automatically the function of “upgrade reminder”. Depending on the version of the Software, the Licensee may have an option to activate this function. After issuing Updates or new versions of the Software, Lian Shun will not guarantee the continuous availability of the previous version(s) of the Software.
    3. Lian Shun reserves the right to unilaterally change or restrict part of the functional effects of the Software for the purpose of business development, and to the maximum extent permitted by applicable law, the Licensee agrees and acknowledges that Lian Shun assumes no liability whatsoever in respect of any damages suffered by the Licensee as a result of such change or restriction.
    4. Lian Shun reserves the right to amend or suspend its Service for the Software at any time for repair, maintenance or any other purposes which Lian Shun deems necessary and to provide notice as may be reasonably possible to the Licensee. To the maximum extent permitted by applicable law, the Licensee agrees and acknowledges that Lian Shun shall not be responsible to the Licensee or any third party for Lian Shun’s exercise of its right to amend or suspend the Service.
  9. NO WARRANTY
    1. To the maximum extent permitted by applicable law, the Software is offered on an “as-is” basis and no warranty, either express, implied or statutory, is given. Lian Shun expressly disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND OTHER DAMAGES
    1. To the maximum extent permitted by applicable law, the Licensee agrees and acknowledges that in no event shall Lian Shun, its Affiliates (as defined below), employees, officers or agents be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software or any part or component thereof, or otherwise under or in connection with any provision of the EULA, even in the event of the fault, tort, strict liability, breach of contract, or breach of warranty of Lian Shun, and even if Lian Shun or its Affiliates, employees, officers or agents has been advised of the possibility of such damages. For the avoidance of doubt, the Licensee agrees and acknowledges that in no event shall Lian Shun or its Affiliates, employees, officers or agents be responsible or liable for any use of the Software by Licensee for the distribution of contents relating to obscenity, gambling, defamation, threats and information which inflicts hatred or dissension on individuals and/or certain groups of community based on ethnic group, religion, race, and group-based interest.
    2. In this EULA, “Affiliates” shall mean any other person or entity which directly or indirectly Controls, is Controlled by, or is under direct or indirect common Control with Lian Shun from time to time. “Control” shall mean: (a) the ownership or control (whether directly or indirectly) of more than thirty percent (30%) of the voting share capital of the relevant undertaking; or (b) the ability to direct the casting of more than thirty percent (30%) of the votes exercisable at general meetings of the relevant undertaking on all, or substantially all, matters; (c) possess, directly or indirectly, the power to direct or cause the direction of the management and operating policies of the entity whether by way contract, management agreement, voting trust or otherwise; or (d) the right to appoint or remove directors of the relevant undertaking holding a majority of the voting rights at meeting of the board on all, or substantially all, matters and “Controls” and “Controlled” shall be construed accordingly.
    3. As with other mobile communication terminal software, the Software could be used as a tool for harassment and breaches of security, Licensee hereby agrees and acknowledges that, notwithstanding that the Licensee takes appropriate steps to minimize such risks, the likelihood of the occurrence of such risks cannot be excluded altogether, and the Licensee agrees and acknowledges that Lian Shun and its Affiliates, employees, officers or agents will not bear any liability for such risks, including, without limitation, the following:
      1. other software downloaded and installed by the Licensee containing viruses, such as Trojan Horse, which threatens the security of the personal information and data and as a result, adversely affects the normal use of the Software;
      2. the mobile communication terminal is infected by a virus or is damaged as a result of the Licensee browsing or visiting web pages; or
      3. the Licensee fails to normally download files due to any reason, including because of the supplier of the files to be downloaded, the network, the software or hardware used by the Licensee.
    4. To the maximum extent permitted by applicable law, the Licensee agrees and acknowledges that Lian Shun and/or its Affiliates, employees, officers or agents shall bear no liability for the Licensee’s all possible losses caused by a third party’s communication line error, technical problem, network or mobile communication terminal failure, system instability, and other force majeure events.
    5. All software derived from the Software that are not developed and formally released by Lian Shun or not authorized by Lian Shun are illegal. The download, installation or use of said illegal software may bring about unpredictable risks to the Licensee. To the maximum extent permitted by applicable law, the Licensee agrees and acknowledges that Lian Shun shall not be responsible for any legal liability and dispute arising from said download, installation or use.
  11. LICENSEE’S WARRANTIES
    1. Except as expressly set out in this EULA or as specifically prohibited by any applicable mandatory law, Licensee warrants, represents and undertakes that it shall:
      1. bear the risks for the use of this Software and possess the rights and conditions required for the running of this Software, and the Licensee must ensure that it has the right to use the Android series operating systems;
      2. use the Software in accordance with the provisions of this EULA and all applicable laws; and
      3. read carefully all instructions for the use and operation of the Software before downloading, setting-up, installing or using all or any portion of the Software.
  12. PERSONAL INFORMATION
    1. The Licensee agrees and acknowledges that personal information means such information that can directly or indirectly identify the Licensee, including the following: the Licensee’s name, ID card no., mobile number, IP address, e-mail and certain information regarding the Licensee’s use of the Software, internet browsing and surfing habits, and any other information which may be deemed personal information under applicable law.
    2. Lian Shun respects the privacy of the Licensee’s personal information and Lian Shun will take reasonable measures to protect the Licensee’s personal information. Unless with the Licensee’s consent, save for the purpose(s) of complying with laws, requests by courts or government departments, or purposes as listed in Clause 10.3 for which Licensee has given consent, Lian Shun will not make the Licensee’s personal information public or disclose them to a third party. The Licensee hereby agrees and acknowledges that usage of the Software to visit websites could result in the collection of the Licensee’s personal information by those websites, and that Lian Shun and its Affiliates and their respective employees, officers or agents shall not be responsible or liable for the data privacy practices of those websites, including without limitation the collection, handling, use, processing and retention of the Licensee’s personal information. The Licensee further agrees and acknowledges that, in order to operate and improve the technologies and quality of Services of Lian Shun, Lian Shun might have to collect and use the Licensee’s personal information and/or provide third parties with such information and Licensee hereby consents to the collection and use of that personal information.
    3. The Licensee hereby agrees consents and acknowledges that Lian Shun may collect, use, handle, process and/or the transfer the Licensee’s personal information for the following purposes:
      1. to carry out the Software verification service;
      2. to carry out the Software upgrade service;
      3. to improve the security of the Licensee’s use of the Software and provide customer support;
      4. to carry out commercial activities including, but not limited to, value-added services, advertising, marketing, sales promotion; and
      5. to implement the Privacy Protection Statement of Lian Shun as annexed in Schedule 1 hereto (which Licensee represents it has read and agreed to by agreeing to the terms of this EULA);
    4. In the event the Licensee uses specific functions of Lian Shun’s Software, or when the Licensee requests Lian Shun or its partners to offer particular services, the Licensee agrees and acknowledges that Lian Shun and/or its partners may have to provide the Licensee’s personal information to the relevant third parties. 10.5 To the maximum extent as permitted by applicable law, Lian Shun has the right to release advertisements and/or other information during or through Services and such advertisements and/or information may appear in the form of system message or popup window, etc.
  13. PERSONAL INFORMATION
    1. The Software requires all Licensees to use the Software jointly and to maintain the benefit and functionality provided by the Software. The Licensee hereby acknowledge, consents and agrees that the Software may make use of the Licensee’s resources, such as the processor of the Licensee’s mobile communication terminal and the bandwidth, for the limited purpose of allowing other Licensees of the Software to communicate with the Licensee and share the Software and the Services. Where applicable, the costs of such use by the Software of the Licensee’s resources (including without limitation costs of service providers) shall be solely borne by the Licensee. The Licensee hereby agrees and acknowledges that the Licensee’s enjoyment and/or experience in using the Software for communicating with other Licensees could be affected depending on the actions of other Licensees beyond the control of Lian Shun and for which Lian Shun, its Affiliates, employees, officers or agents shall not be responsible in any way.
    2. The Licensee acknowledges that Lian Shun will use its commercially reasonable effort to protect the Licensee’s mobile communication terminal resources and the privacy and completeness of the Licensee’s communications via the mobile communication terminal. However, the Licensee acknowledges and agrees that Lian Shun will not provide any warranty thereof.
  14. LIMITATION OF LIABILITY
    1. Notwithstanding any damages that Licensee might incur for any reason whatsoever and to the maximum extent permitted by applicable law, the Licensee hereby acknowledges, consents and agrees that the entire liability of Lian Shun, its Affiliates and any of its suppliers under any provision of this EULA shall be limited and in no event will Lian Shun, its Affiliates or its suppliers total cumulative and aggregate liability exceed NT$5.
  15. INDEMNIFICATION
    1. By accepting the EULA, Licensee agrees to indemnify and otherwise hold harmless Lian Shun, its officers, employee, agents, subsidiaries, Affiliates, and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from Licensee’s use of the Software or any other matter relating to the Software or this EULA.
    2. For the avoidance of doubt, if the Licensee’s breach of this EULA (including but not limited to the acts stipulated in Clause 4.1 above) or relevant terms of Service brings about any third party’s claims, demands or losses to Lian Shun, including attorney’s fees, the Licensee hereby agrees to indemnify and hold Lian Shun harmless from all losses caused by said claims, demands or losses.
  16. INTELLECTUAL PROPERTY
    1. The Software is protected by law, including without limitation the Copyright Ordinance, International Copyright Treaties and other intellectual property laws and treaties. Licensee hereby acknowledges that all intellectual property rights in the Software (including but not limited to any images, text, audio, video, and “applets” incorporated into the Software) throughout the world belong to Lian Shun, that rights in the Software are licensed (not sold) to Licensee, and that Licensee has no rights in, or to, the Software other than the right to use it in accordance with the terms of this EULA. Licensee acknowledges and agrees that Licensee has no right to access the Software in source code form.
    2. The Licensee further agrees and acknowledges that all the contents in any advertisements and commercial information provided by Lian Shun for the Licensee via the Software are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensee may only use content from said advertisements or commercial information with the written consent of Lian Shun, and shall not copy, amend or compile said advertisements or commercial, or create derivative products based on the same without Lian Shun’s authorization.
    3. Lian Shun, the LEAF logo, and other Lian Shun names and logos are the trademarks of Lian Shun, use of which for any purposes by the Licensee without the written consent from Lian Shun is strictly prohibited. Lian Shun reserves all rights to claim remedies against the Licensee, including without limitation damages and injunctive relief, in respect of any unauthorized use of Lian Shun’s intellectual property.
  17. ENTIRE AGREEMENT
    1. The EULA constitutes the entire agreement between Lian Shun and Licensee and governs Licensee’s use of the Software, superseding any prior agreement between Licensee and Lian Shun relating to the subject matter hereof. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of the EULA will remain in force and effect.
  18. ASSIGNMENT
    1. Licensee may not assign this EULA, and any attempted assignment will be null and void.
  19. GOVERNING LAW
    1. This EULA will be governed by and construed in accordance with the laws of taiwan without regard to conflict of laws principles.
  20. DISPUTE RESOLUTION
    1. Any dispute or controversy under this EULA shall firstly be resolved through amicable negotiation. If no agreement is reached through such negotiations, the parties hereby agree to refer the dispute or controversy to arbitration pursuant to Clause 18.2 below.
    2. Subject to Clause 18.1 above, the parties agree that any dispute, controversy or claim arising out or relating to this EULA, or the breach, termination or invalidity thereof, shall be settled by final and binding arbitration in taiwan
    3. The language to be used in the arbitral proceedings shall be English.
  21. LANGUAGE
    1. This EULA is provided in English, although it may be translated into any other language at sole discretion of Lian Shun or by requirement of law. In the event of any discrepancies between the English version and any other language versions, the English version shall prevail.
  22. REFUND POLICY – ONLINE PAYMENT
    1. Lian Shun collects payment for facility booking, store purchase and management fee from users using service provided by payment solution partners. All payments made for services or fees (non physical items) are not refundable.
  23. REFUND/RETURN POLICY – STORE PURCHASE (Physical Goods)
    1. If the product you received is faulty, damaged or wrong item, you can request to return the item to seller and get a refund. The return process requires buyer to deliver the product back to seller in the same condition as when it arrived, together with other free gifts or add-ons given by the seller. However, in the event where the return request or returned product fail to meet the return policy, seller has all the rights to reject your request.
  24. ENQUIRIES
    1. If the Licensee has any questions or comments as regards this Software, please contact us at info@leaf.com.my