Terms of use

The following terms shall have the following meaning throughout the Terms of Use.

1. “Agreement” or “this agreement” refers to these Terms of Service.
2. “Service” and “Services” refer to the online invoicing and accounting services and other small business-related services and Support offered through Guarded from time to time.
3. “Subscriber” refers to any person who maintains an account with us and utilizes our Services.
4. “Support” means technical support and assistance provided to users by Guarded.
5. "Guarded," "we," "us,” and “our" shall refer to W3Rider Global Sdn. Bhd. and all its affiliates and subsidiaries.
6. “Guarded” means the Site and all mobile applications and other applications that provide access to the Services offered by W3Rider Global Sdn. Bhd. and its affiliates from time to time.
7. “Guarded parties” includes Guarded, its affiliates, subsidiaries, partners, service providers, suppliers and contractors and each of their respective officers, directors, agents, and employees.
8. “You” and “user” shall refer to any person who visits the Site or uses Guarded and includes a subscriber and its employees and agents.

By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Account and your use of the Service. Communications include but are not limited to:

1. agreements and policies, such as this Agreement and our Privacy Policy, including updates thereto;
2. annual disclosures;
3. transaction receipts or confirmations;
4. communication in relation to delinquent accounts (which may also be by email, and may be made by Guarded or by anyone on its behalf, including a third party collection agent);
5. Account statements and history; and
6. federal and state tax statements.

We will provide these Communications to you by emailing them to you at the primary email address listed in your Account registration, by emailing you a link or instructions how to access them on a website, or (if permitted by law) by posting them on the Website. Communications are considered received by you within 24 hours of the time they are emailed to you or posted to our Website. You further agree that your electronic signature has the same effect as your manual, physical signature

By giving your consent, you are confirming that you are able to receive, open, and print or download a copy of any Communications for your records. It is important for you to retain copies of Communications because they may not be accessible in your Account at a later date.

You may withdraw your consent to receive communications electronically by contacting us through Customer Support or as outlined in our Privacy Policy. If you withdraw your consent to receive communications electronically, Guarded may deny your registration for an account, restrict or close your account, or charge you additional fees for paper copies.

When you create an account with Guarded, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in the immediate termination of your account on our service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

The users shall access the information stored using the Services for lawful purposes only and may not use such information for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both civil and criminal liability.

The users agree not to publish, post, upload, distribute, provide, or enter any material or information that is illegal, unlawful, or can be regarded as fraudulent, libelous, malicious, threatening, offensive, profane, obscene, fanning ethnic or racial tensions, immoral, or any such information that any reasonable person would consider objectionable on grounds of good conscience.

No user shall use any means to restrict or prevent another user from accessing or enjoying Guarded.

No user shall be permitted to upload material into Guarded that he or she ought to know infringes on the intellectual property of others, or upload material that places unnecessary load as to affect the performances of our websites, systems and equipment. You may not use Guarded and the Services in a manner that could block access to, impair, damage, or otherwise disable Guarded or any of our servers. You may not attempt to gain unauthorized access to Guarded or to any other user’s accounts, computer systems, or networks through password mining, keystroke logging, hacking, or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable laws.

No user shall lease, sell, pledge, sublicense, assign, or otherwise deal with the software belonging to Guarded in a manner that is inconsistent with our intellectual property rights over the software.

No user shall promote any commercial interest, falsify or delete any information on Guarded, collect personal information without express authority to do so, violate any applicable laws, create a false identity, or utilize Guarded under false pretenses.

The Service is billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the billing cycle you select when subscribing.

At the end of each Billing Cycle, your Subscription will remain active and automatically be renewed unless you or we cancel it. You may cancel your Subscription from Guarded Dashboard > Settings > Subscription page

A valid payment method, including credit card or online banking, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information, including your name, address, phone number, and a valid payment method. By submitting such payment information, you authorize our payment processor to charge the subscription fee incurred through your account to any such payment instruments.

Discounts, rebates, or other special offers are only valid for the particular periods mentioned in the ad or offer; subscriptions renew at the then-current full subscription rates. Guarded may terminate the subscription and these terms if it is unable to renew the subscription based on inaccurate or outdated credit card information. The Right of access granted under these Terms is effective only upon payment of the subscription fees. Cancelling Account

You can cancel your subscription from your business profile page. The only valid method for canceling your plan is via the cancellation link provided on your Dashboard > Settings > Subscription page, accessible after logging in to the Guarded. Requests to cancel by email or phone are not considered and do not accomplish cancellation. Once you cancel your membership subscription, you will not lose access immediately. Your membership will continue through the end of the current month. For example:

Subscription fees are non-refundable; except that you may cancel renewed subscription by contacting Guarded within two (2) calendar days after renewal date and receive a full refund of the new subscription fees.

Definition of Confidential Information: "Confidential Information" means all non-public information disclosed by a party (Guarded) to the other party (the subscriber), whether verbally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information). Guarded's Confidential Information includes, without limitation, the Service (including without limitation, the Service user interface design and layout and pricing information).

Protection of Confidential Information: The subscriber must use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Guarded for any purpose other than those expressly authorized in this agreement. The subscriber must make commercially reasonable efforts to limit access to Confidential Information of Guarded to those of its employees who need such access for purposes consistent with this agreement and who have signed confidentiality agreements with subscribers no less restrictive than the confidentiality terms of this agreement.

A valid payment method, including credit card or online banking, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information, including your name, address, phone number, and a valid payment method. By submitting such payment information, you authorize our payment processor to charge the subscription fee incurred through your account to any such payment instruments.

Exclusions: Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to Guarded, (ii) was known to the subscriber prior to its disclosure by the Discloser without breach of any obligation owed to the Guarded, (iii) is received from a third party without breach of any obligation owed to Guarded, or (iv) was independently developed by the subscriber without use or access to the Confidential Information. The subscriber may disclose Confidential Information to the extent required by law or court order, but will provide Guarded with advance notice to seek a protective order.

the subscribers and the users hereby agree to release, remise and forever discharge the Guarded parties from any and all manner of rights, losses, costs, claims, complaints, demands, debts, damages, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, including without limitation any lost profit, indirect, consequential, exemplary, incidental, special or punitive damages (collectively, a "claim") whether known or unknown, which now or hereafter arise from, relate to, or are connected with (i) this agreement; (ii) the use of Guarded and its services and any related applications including the pro network and third party services; (iii) the use of any software related to Guarded; (iv) viruses, spyware, service provider failures or internet access interruptions; (v) loss of use, loss of data, error, inaccuracy of data, payment failure, payment defect, inaccurate calculations (except as otherwise set out herein), downtime, identity theft, fraud or unauthorized access; or (vi) any information, document, materials, tools, utilities, product or data that relating to the use of Guarded and the services; whether such claim is based in contract or tort or otherwise, even if we have been advised of the possibility of such claim, or such claim was reasonably foreseeable and notwithstanding the sufficiency or insufficiency of any remedy provided for herein or in any license.

For greater certainty, in no event shall we (and our suppliers) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to this agreement or your use of, or inability to use, the site or services, even if we have been advised of the possibility of such damages. Access to and use of Guarded and its services are at your own discretion and risk, and you will be solely responsible for any damage, misuse, error, or loss of data arising from such access and use.

Except in the manner provided for in these terms of use, Guarded features, its licensees, affiliates, and third party service providers, disclaim, and expressly do not provide any direct or indirect, express or implied representation or warranty as to title, non-infringement of intellectual property, or merchantability or merchantable quality; or that Guarded, the services, any third party services and online services, and any content, materials, tools, utilities, software and functionality will: (i) be fit or suitable for any specific purpose or intended use; (ii) meet the users' requirements and expectations; (iii) be uninterrupted, flawless, timely, accurate, reliable, secure or error free, or; (iv) be free of viruses or other harmful elements. You expressly acknowledge and agree that Guarded and the services are provided on an "as is" basis, and you agree to use Guarded, the services, any third party services and online services, and any content, materials, tools, utilities, software, and functionality related to Guarded at your own risk. You agree to determine the suitability of Guarded and the services for your intended use and agree to verify all results obtained using Guarded and the services.

The Guarded Team may terminate this agreement and your use of Guarded at any time and for any reason with reasonable notice to you and without notice if you breach any of these terms or we suspect you of fraud or suspect that your account has been compromised in any way. Subscribers may use Guarded on an at-will basis until the agreement has been terminated by either party pursuant to the terms of this agreement or any related license agreement. You may also terminate this agreement by following the “Close your Guarded” instructions found on your Settings page. In the case of a company, upon an order or a resolution being passed for the purposes of winding up the business activities other than for the purposes of amalgamation, merger, or reconstruction, or upon a composition agreement being made with the creditors.

Upon such termination, you must immediately cease using Guarded indefinitely. We may at our option immediately block your access to Guarded

You own all of your business’s private data, content, and all information that you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise, over any data or information that you may use or disclose in connection with the Service or Guarded. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following:

1. For the purposes of fraud prevention and law enforcement;
2. To comply with any legal, governmental or regulatory requirement;
3. To our lawyers in connection with any legal proceedings; and
4. To comply with a court order.

If we are required to disclose your data or information, we will make every effort to provide you with reasonable notice and, if appropriate, the right to contest any such request. Our "Guarded Privacy Policy" sets out in greater detail how we strive to protect your privacy and limit disclosure of your personal information.

The subscriber and the user acknowledge that we may retain a copy of his/her/its transactional information gathered through the use of "Guarded" and other information uploaded on the subscriber’s account. In certain circumstances, we may export user information. We shall not share personal information with anyone except in the manner provided in our Privacy Policy.

Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of an unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third-party service provider failures or service interruptions, embargo, labour disputes, lockouts, and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions. The party so affected by the unforeseen event shall be excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.

You and we expressly acknowledge and agree that this agreement and all related agreements, schedules, materials, and policies be drafted in the English language only.

Our "Guarded Privacy Policy" is hereby incorporated into this Agreement and applies to the collection, use, disclosure, retention, protection, and accuracy of your personal information and your business’ financial information (the “Information”) collected for the purposes of the Services offered through our website. The Guarded Privacy Policy is based on applicable legislation as well as fair information principles, and may be updated from time to time.

You and your users are responsible for maintaining the confidentiality and security of usernames, passwords, and other access credentials that allow the use of Guarded and access to the Services. You understand and agree that you are liable for unauthorized use of your account.

No delay or omission to exercise any right or remedy accruing upon any breach or default hereunder shall impair any such right or remedy nor be construed as a waiver of any such breach or default or of any similar breach or default thereafter occurring, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right or remedy. No waiver (or consecutive waivers) of any single breach or default shall operate or be construed as a waiver of any subsequent breach or default.