These Platform Terms of Service ("Terms") govern access to and use of the EpicDewan platform, including its websites, applications, software, features, modules, payment facilities, integrations and related services.
EpicDewan is operated by Strongbox Tech Sdn. Bhd. (Company No. 201401036253 (1112392-X)) ("EpicDewan", "Company", "we", "us" or "our").
By registering for an Account, accepting an invitation to use EpicDewan, clicking to accept these Terms, accessing or using the Platform, or purchasing or activating a Service, you agree to be bound by these Terms.
These Terms should be read together with the EpicDewan Privacy & Personal Data Protection Policy (PDPA Notice) and any additional terms, order forms, quotations, service agreements, subscription terms or other written terms expressly applicable to a particular Service.
If you do not agree to these Terms, you should not register for or continue using the Platform.
1. Definitions
For purposes of these Terms:
“Account” means a registered EpicDewan user account.
“Administrator” means a person authorised by an Organization to administer that Organization's account, Members, records, settings, transactions or activities.
“Fees” means any subscription fee, Platform fee, transaction fee, processing fee, usage charge, service charge or other amount payable in connection with the Services.
“Member” means an individual who is, was, may become, or applies to become a member, participant, affiliate or other recognised individual associated with an Organization.
“Organization” means an association, society, chamber, professional body, club, non-profit organisation, company or other entity that uses EpicDewan.
“Organization Data” means data, records, documents, content and information submitted, created or maintained specifically for an Organization's activities through the Platform.
“Paid Services” means any Service for which a fee is payable, including subscriptions, premium functionality, optional modules, integrations, advanced features, higher usage levels, usage-based services, add-ons or other paid functionality introduced from time to time.
“Payment Provider” means any bank, acquiring institution, payment gateway, payment processor, card network, e-wallet provider or other third-party payment service involved in processing transactions through or in connection with EpicDewan.
“Personal Data” has the meaning given under the Personal Data Protection Act 2010 and its applicable amendments.
“Platform” means EpicDewan's websites, applications, software, systems, modules and related technology infrastructure.
“Services” means services, features and functionality provided through or in connection with the Platform.
“Transaction” means any payment or financial transaction initiated, recorded or facilitated through EpicDewan.
“User” means any person accessing or using the Platform, including a Member, Administrator or authorised representative of an Organization.
PART A — USE OF THE PLATFORM
2. Nature and Purpose of EpicDewan
2.1 EpicDewan is a technology platform designed to support Organizations and their Users through digital tools that may include:
- membership administration;
- Member records and profiles;
- registrations and applications;
- communications;
- events and activities;
- payments and collections;
- administrative workflows;
- documents and records;
- reporting and analytics;
- integrations;
- automation; and
- other Services introduced from time to time.
2.2 EpicDewan provides the technological infrastructure through which these activities may be conducted.
2.3 Unless expressly stated otherwise, EpicDewan is not itself the association, society, professional body, club or governing body represented by an Organization using the Platform.
2.4 EpicDewan does not determine:
- whether a person qualifies for membership in an Organization;
- an Organization's constitution, by-laws, governance or internal rules;
- membership categories or membership eligibility;
- membership fees established by an Organization;
- disciplinary or governance decisions of an Organization;
- whether a Member is entitled to any professional qualification, accreditation, privilege or benefit offered by an Organization; or
- disputes relating solely to the internal relationship between an Organization and its Members.
2.5 The availability of a feature in EpicDewan does not transfer an Organization's legal, regulatory or governance responsibilities to EpicDewan.
3. Eligibility and Authority
3.1 Users must provide information that is accurate, current and not misleading.
3.2 If you register, administer or use an Account on behalf of an Organization, you represent that you have authority to act on behalf of that Organization for the relevant purpose.
3.3 Organizations are responsible for determining which persons are authorised to act as their Administrators.
3.4 Organizations must promptly revoke or amend Administrator access where a person's authority changes or ends.
3.5 EpicDewan may reasonably request evidence of:
- identity;
- authority;
- Organization registration;
- membership status;
- professional status;
- payment information; or
- other information necessary to provide, secure or verify a Service.
3.6 Where a User is below the legal age or otherwise lacks legal capacity to enter into a binding agreement, use of Services requiring contractual acceptance must be undertaken through or with the appropriate parent, guardian or authorised representative where permitted by law.
4. Accounts and Security
4.1 Users are responsible for safeguarding their Account credentials, passwords, authentication methods and devices.
4.2 Account credentials must not be shared in a manner that permits unauthorised persons to access the Platform.
4.3 A User must promptly notify EpicDewan if the User knows or reasonably suspects that:
- an Account has been compromised;
- credentials have been disclosed;
- unauthorised access has occurred; or
- there has been another material security incident involving the Account.
4.4 EpicDewan may introduce additional authentication, verification or security requirements where reasonably necessary.
4.5 Actions undertaken through an authenticated Account may be treated as actions of the Account holder unless EpicDewan has reasonable grounds to believe otherwise.
4.6 EpicDewan may temporarily restrict Account access where reasonably necessary to investigate suspected unauthorised access, fraud or security threats.
PART B — ORGANIZATIONS AND MEMBERS
5. Organization Administration
5.1 An Organization may use EpicDewan to manage information and activities relating to its Members and operations.
5.2 Each Organization is responsible for:
- the accuracy of information it submits;
- ensuring that information is collected and used lawfully;
- maintaining appropriate authority over its Administrators;
- its own constitution, rules and governance processes;
- membership eligibility and membership decisions;
- fees and charges established by the Organization;
- communications initiated by the Organization;
- its regulatory and statutory obligations;
- determining the persons entitled to access its Organization Data; and
- ensuring that its use of EpicDewan complies with applicable law.
5.3 EpicDewan may provide tools that automate or assist administrative activities, but such automation does not make EpicDewan responsible for the Organization's underlying decision.
6. Multiple Organization Membership and Independent User Relationships
6.1 EpicDewan is designed as a multi-organisation platform.
6.2 A User may maintain relationships with more than one Organization through the same Platform or Account.
6.3 An Organization's rights in respect of a User are limited to information, activities and records relating to that Organization's own relationship with the User.
6.4 An Organization does not, merely because a person is or was its Member, acquire exclusive ownership or control over:
- the person's identity;
- the person's EpicDewan Account;
- the person's Personal Data generally;
- the person's relationship with EpicDewan;
- the person's relationship with another Organization;
- information belonging exclusively to another Organization; or
- Services independently used by the person through EpicDewan.
6.5 An Organization must not require EpicDewan to disclose, modify, restrict or delete information relating solely to another Organization or to the User's independent relationship with EpicDewan, except where required by applicable law or expressly authorised by the relevant person or Organization.
6.6 Membership in one Organization does not prevent a User from joining, applying to, participating in or maintaining a relationship with another Organization through EpicDewan.
6.7 Termination of a User's membership or relationship with one Organization does not automatically terminate:
- the User's EpicDewan Account;
- the User's relationship with another Organization; or
- Services independently used by the User.
7. Organization-Specific Records
7.1 An Organization retains its respective rights and responsibilities in Organization Data submitted or created specifically for its operations.
7.2 Organization-specific records may include:
- membership number;
- membership category;
- membership status;
- joining and renewal dates;
- Organization-specific payment records;
- event participation;
- committee or office-bearing records;
- Organization-specific administrative records; and
- other information relating specifically to that Organization's relationship with the User.
7.3 EpicDewan will apply appropriate access controls intended to prevent one Organization from accessing another Organization's confidential Organization Data without authority.
7.4 The fact that the same User appears in the records of multiple Organizations does not merge the confidential records of those Organizations.
8. Information Supplied by an Organization
8.1 An Organization may provide EpicDewan with Personal Data concerning Members, prospective Members, applicants, representatives or other individuals where this is reasonably required for use of the Services.
8.2 By providing such information, the Organization represents that it has the lawful authority to do so and has complied with applicable notice, consent and Personal Data requirements.
8.3 An Organization providing information concerning an individual does not:
- transfer ownership of that individual's Personal Data to EpicDewan;
- give the Organization exclusive rights over that individual's Personal Data;
- give the Organization authority over that individual's relationship with another Organization;
- automatically authorise EpicDewan to use the information for unrelated direct marketing; or
- prevent the individual from exercising applicable rights under Personal Data law.
8.4 EpicDewan may enable an individual whose information was initially provided by an Organization to activate, verify or establish an independent EpicDewan Account.
PART C — SERVICES AND PAID FUNCTIONALITY
9. Platform Licence
9.1 Subject to these Terms, EpicDewan grants Users a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Platform for its intended purposes.
9.2 No ownership interest in the Platform or its software is transferred to a User or Organization.
10. Changes and Development of Services
10.1 EpicDewan is an evolving technology platform.
10.2 We may introduce, modify, improve, combine, replace or discontinue features from time to time.
10.3 New Services may include additional:
- modules;
- integrations;
- automation;
- administrative tools;
- analytics;
- advanced functionality;
- higher usage allowances;
- communications functionality;
- payment functionality; or
- other technology-based services.
10.4 The introduction of new functionality does not automatically require every User or Organization to purchase that functionality.
10.5 Where a change materially reduces a Paid Service already purchased for a defined subscription period, EpicDewan will provide reasonable notice where practicable.
11. Paid Services and Future Subscriptions
11.1 EpicDewan may introduce Paid Services from time to time.
11.2 Paid Services may operate through:
- recurring subscriptions;
- fixed-period subscriptions;
- transaction-based pricing;
- usage-based pricing;
- module or add-on charges;
- advanced or higher-usage functionality;
- service credits or prepaid usage where introduced; or
- another pricing mechanism disclosed before purchase.
11.3 Before a User or Organization activates a Paid Service, EpicDewan will make available the applicable commercial information, which may include:
- price;
- billing frequency;
- applicable Fees;
- usage limits;
- renewal terms;
- cancellation arrangements; and
- service-specific terms.
11.4 A future Paid Service will not become chargeable merely because the feature exists on the Platform. The relevant User or Organization must activate, subscribe to or otherwise agree to the Paid Service unless another written agreement provides otherwise.
11.5 Additional terms applicable to a particular Paid Service form part of the agreement between EpicDewan and the subscribing party.
PART D — PAYMENTS
12. Payment Services
12.1 EpicDewan may provide functionality that allows Users to make payments relating to:
- membership;
- membership renewal;
- events;
- registrations;
- activities;
- Organization services;
- EpicDewan Paid Services; or
- other transactions supported by the Platform.
12.2 Payments may be processed through one or more Payment Providers.
12.3 Available payment methods may differ according to:
- the Organization;
- the Service;
- the Payment Provider;
- the Transaction amount;
- the User's location; or
- technical or regulatory requirements.
12.4 By initiating a Transaction, the User authorises the transmission and processing of information reasonably necessary to complete, verify, reconcile, refund or otherwise administer the Transaction.
13. EpicDewan's Role in Organization Payments
13.1 Where a User makes a payment to an Organization through EpicDewan, EpicDewan generally acts as the technology platform facilitating the Transaction and does not become the supplier of the Organization's underlying membership, event, activity or service merely because payment is processed through EpicDewan.
13.2 The relevant Organization remains responsible for:
- the amount it charges;
- the description of the underlying service;
- membership entitlement;
- event or activity delivery;
- applicable cancellation rules;
- refunds relating to the underlying Organization service; and
- applicable tax, accounting and statutory obligations.
13.3 EpicDewan remains responsible for Fees charged directly by EpicDewan for its own Services.
14. Payment Processing and Settlement
14.1 Depending on the applicable payment arrangement, EpicDewan may:
- facilitate payment directly between a User and an Organization;
- facilitate collection through a Payment Provider;
- arrange settlement to an Organization;
- deduct applicable Fees from amounts processed;
- invoice Fees separately; or
- use another payment mechanism disclosed to the relevant parties.
14.2 Settlement periods may vary depending on the Payment Provider, payment method and Service.
14.3 The applicable settlement arrangement will be displayed, communicated or agreed with the relevant Organization where required.
14.4 A payment shall only be regarded as successfully processed when the applicable Payment Provider or payment system confirms the Transaction.
14.5 EpicDewan is not responsible for delays, failures or reversals caused by circumstances outside EpicDewan's reasonable control, including:
- Payment Provider downtime;
- bank processing delays;
- payment network failures;
- incorrect payment details;
- insufficient funds;
- card or account restrictions;
- fraud or security checks;
- regulatory review; or
- telecommunications failures.
14.6 Unless expressly stated for a particular Service, EpicDewan does not provide a bank account, deposit account, investment account or escrow service to Users.
15. Platform, Transaction and Processing Fees
15.1 Transactions or Services may be subject to Fees.
15.2 Fees may include:
- Platform fees;
- transaction fees;
- payment processing charges;
- subscription fees;
- usage charges; or
- other service charges.
15.3 Depending on the applicable arrangement, Fees may be:
- paid by an Organization;
- paid by a User where lawfully permitted and properly disclosed;
- deducted from funds settled to an Organization; or
- invoiced separately.
15.4 The applicable Fee or method of calculation will be communicated or made available before it becomes applicable.
15.5 EpicDewan may revise Fees prospectively.
15.6 Where a recurring Paid Service is materially affected by a change in Fees, EpicDewan will provide reasonable advance notice before the revised Fee applies to a future billing period.
15.7 A change in Fees will not retrospectively alter a completed Transaction except where adjustment is necessary because of:
- a refund;
- reversal;
- chargeback;
- payment error;
- duplicate Transaction;
- fraud; or
- legal or regulatory requirement.
16. Refunds, Reversals and Chargebacks
16.1 Where the underlying payment relates to an Organization's membership, event, activity or service, the Organization is responsible for determining whether a refund is due, subject to applicable law.
16.2 EpicDewan may process a refund where instructed or authorised by the relevant Organization or where otherwise required by law.
16.3 Fees already incurred in processing a Transaction may be non-refundable to the extent permitted by law and disclosed in the applicable payment arrangement.
16.4 Where a Transaction is subsequently:
- disputed;
- reversed;
- refunded;
- charged back;
- cancelled; or
- determined to have been processed in error,
EpicDewan may make corresponding adjustments to settlement or account records.
16.5 This may include:
- withholding an unsettled amount;
- deducting the amount from a subsequent settlement;
- recovering an amount previously settled;
- reversing corresponding Platform records; or
- recovering third-party charges reasonably incurred.
16.6 Organizations must reasonably cooperate with EpicDewan and applicable Payment Providers in resolving payment disputes.
17. Taxes
17.1 Unless expressly stated otherwise, EpicDewan Fees are exclusive of applicable taxes, duties, levies or governmental charges.
17.2 Where EpicDewan becomes legally required to impose Sales and Service Tax ("SST") or another tax, duty or government-imposed charge, the applicable amount may be added to the Fees payable.
17.3 Each Organization remains responsible for its own tax, accounting, invoicing and statutory obligations concerning amounts charged or collected for that Organization.
PART E — PERSONAL DATA AND COMMUNICATIONS
18. Privacy and Personal Data Protection
18.1 EpicDewan processes Personal Data in accordance with applicable law and the EpicDewan Privacy & Personal Data Protection Policy (PDPA Notice).
18.2 The Privacy & Personal Data Protection Policy forms part of the framework governing the use of EpicDewan and should be read together with these Terms.
18.3 The role of EpicDewan in relation to Personal Data depends on the processing activity.
18.4 EpicDewan may act as a data controller where EpicDewan determines the purpose or means of processing, including in relation to matters such as:
- EpicDewan Account administration;
- authentication;
- Platform security;
- fraud prevention;
- EpicDewan service administration;
- customer support;
- Platform analytics;
- legal and regulatory compliance; and
- EpicDewan's own communications.
18.5 EpicDewan may act as a data processor where it processes Personal Data primarily on documented instructions from an Organization in order to provide the Organization with Platform functionality.
18.6 An Organization may separately act as a data controller in relation to its Members, applicants, representatives, employees, event participants or other persons.
18.7 The precise allocation of roles depends on the particular processing activity rather than merely which party originally supplied the information.
18.8 Nothing in these Terms limits the statutory rights of a data subject under applicable law.
19. Organization Obligations Relating to Personal Data
19.1 An Organization must not provide Personal Data to EpicDewan unless it has the appropriate lawful authority to do so.
19.2 Where required, the Organization is responsible for:
- providing appropriate Personal Data notices;
- obtaining appropriate consent;
- ensuring lawful collection;
- ensuring lawful disclosure;
- maintaining accurate information; and
- complying with applicable Personal Data obligations concerning its own processing activities.
19.3 An Organization must not use EpicDewan to collect or process Personal Data for unlawful purposes.
20. Service Providers and Subprocessors
20.1 EpicDewan may engage third-party providers reasonably necessary to provide, maintain, secure and improve the Services.
20.2 Such providers may include providers of:
- hosting and cloud infrastructure;
- data storage;
- content delivery;
- cybersecurity;
- system monitoring;
- email;
- SMS or other communications;
- authentication;
- identity verification;
- payment processing;
- customer support;
- analytics;
- software integrations; and
- professional or technical services.
20.3 EpicDewan will take reasonable steps to ensure that providers handling Personal Data are subject to appropriate confidentiality, security and data protection requirements.
20.4 Unless otherwise required by law or a separately negotiated written agreement, EpicDewan is not required to obtain separate prior approval from every Organization each time an ordinary technology, infrastructure or operational provider is appointed, replaced or changed.
20.5 Where appropriate, EpicDewan may publish or otherwise make available information concerning categories of providers or material subprocessors.
21. Cross-Border Processing
21.1 Some service providers or infrastructure used by EpicDewan may operate outside Malaysia.
21.2 Where Personal Data is transferred outside Malaysia, EpicDewan will take steps required under applicable Malaysian Personal Data law and regulatory requirements.
21.3 Further information concerning cross-border processing will be provided in the EpicDewan Privacy & Personal Data Protection Policy.
22. Communications
22.1 EpicDewan may send communications reasonably necessary to provide or secure the Services.
22.2 These may include:
- Account verification;
- security alerts;
- password or authentication communications;
- payment confirmations;
- transaction notifications;
- membership-related system notifications;
- event confirmations;
- technical notices;
- material service changes; and
- legal or administrative notices.
22.3 These operational or transactional communications are separate from marketing communications.
22.4 Marketing and promotional communications by EpicDewan will be managed in accordance with applicable law and the EpicDewan Privacy & Personal Data Protection Policy.
22.5 Where appropriate, Users will be provided with a separate mechanism to choose whether to receive EpicDewan promotional communications.
22.6 Withdrawal from marketing communications does not prevent EpicDewan from sending communications reasonably necessary for Account security, Transactions or Services requested by the User.
23. Organization Communications
23.1 Organizations may use EpicDewan communication functionality to contact their Members or other authorised recipients.
23.2 The Organization remains responsible for:
- the recipients selected;
- the content of the communication;
- ensuring the communication is lawful;
- ensuring required consent or authority has been obtained; and
- complying with applicable direct marketing and Personal Data requirements.
23.3 EpicDewan's technical delivery of a communication does not independently give the Organization authority to contact the recipient.
23.4 A User's decision not to receive EpicDewan's own marketing does not automatically determine the User's communication preferences with every Organization with which the User has an independent relationship.
24. Aggregated and De-Identified Information
24.1 Subject to applicable law and the Privacy & Personal Data Protection Policy, EpicDewan may create and use aggregated, anonymised or otherwise appropriately de-identified information for purposes including:
- Platform analytics;
- statistical analysis;
- service improvement;
- product development;
- performance monitoring;
- security;
- industry insights; and
- development of future functionality.
24.2 EpicDewan will not treat information as anonymised merely because direct identifiers have been removed where the information can still reasonably identify an individual.
24.3 Nothing in this Clause permits EpicDewan to disclose an Organization's identifiable confidential information to another Organization without appropriate authority.
PART F — CONTENT AND INTELLECTUAL PROPERTY
25. User and Organization Content
25.1 Users and Organizations retain their respective rights in content and information they lawfully submit to EpicDewan.
25.2 By submitting content, the submitting party grants EpicDewan a limited, non-exclusive licence to:
- store;
- host;
- copy;
- back up;
- transmit;
- display;
- format;
- process; and
- otherwise use
that content to the extent reasonably necessary to provide, maintain, secure and support the Services or comply with applicable law.
25.3 This licence does not transfer ownership of the submitted content to EpicDewan.
25.4 The submitting party represents that it has the rights and authority required to submit and use the content through the Platform.
26. EpicDewan Intellectual Property
26.1 EpicDewan and its licensors retain all applicable rights in:
- the Platform;
- software;
- source code;
- object code;
- databases;
- architecture;
- workflows;
- interfaces;
- designs;
- documentation;
- algorithms;
- trademarks;
- branding; and
- other intellectual property developed or licensed by EpicDewan.
26.2 Except where expressly authorised, a User must not:
- copy the Platform;
- reverse engineer it;
- decompile it;
- disassemble it;
- attempt to derive source code;
- circumvent technical restrictions;
- resell or sublicense the Platform; or
- commercially exploit EpicDewan's intellectual property.
26.3 Nothing submitted by an Organization gives that Organization ownership over EpicDewan's underlying Platform, technology, software or system architecture.
PART G — CONFIDENTIALITY AND ACCEPTABLE USE
27. Confidentiality
27.1 Where a party receives confidential or proprietary information belonging to another party in connection with the Services, the receiving party must use reasonable measures to protect that information.
27.2 Confidential information may include:
- non-public business information;
- financial information;
- membership information;
- technical information;
- system information;
- security information;
- commercial arrangements;
- Organization Data; and
- other information that a reasonable person would understand to be confidential.
27.3 Confidential information may be disclosed where reasonably necessary to:
- employees and personnel who require access;
- service providers and subprocessors;
- professional advisers;
- auditors;
- insurers;
- banks and Payment Providers; or
- authorities where disclosure is required or permitted by law,
provided appropriate confidentiality or legal safeguards apply.
27.4 Confidentiality obligations do not apply to information that:
- is lawfully in the public domain;
- was lawfully known without restriction before disclosure;
- is lawfully obtained from an independent third party;
- is independently developed without use of the confidential information; or
- must be disclosed by law.
27.5 A separate confidentiality or non-disclosure agreement between EpicDewan and an Organization may impose additional obligations concerning the subject matter covered by that agreement.
28. Acceptable Use
28.1 Users must not use EpicDewan to:
- engage in unlawful activity;
- facilitate fraud;
- impersonate another person or Organization;
- provide information known to be materially false or misleading;
- gain unauthorised access to another Account;
- circumvent security controls;
- introduce malware or malicious code;
- disrupt the Platform;
- conduct unauthorised vulnerability testing;
- systematically scrape or harvest Personal Data without authority;
- infringe intellectual property rights;
- violate privacy or confidentiality rights;
- send unlawful unsolicited communications;
- interfere with another User's lawful use of the Services; or
- use the Platform in a manner that creates material legal, security or operational risk.
28.2 EpicDewan may reasonably investigate suspected misuse.
PART H — SECURITY, AVAILABILITY AND THIRD-PARTY SERVICES
29. Security
29.1 EpicDewan will maintain reasonable technical and organisational safeguards appropriate to the nature of the Platform and information processed.
29.2 No internet-connected service can guarantee absolute security.
29.3 Users and Organizations are responsible for security matters within their own control, including:
- passwords;
- devices;
- Administrator permissions;
- employee access;
- connected third-party accounts; and
- timely removal of unauthorised Users.
30. Maintenance and Availability
30.1 EpicDewan will use reasonable efforts to maintain the availability and operation of the Platform.
30.2 The Platform may from time to time be unavailable because of:
- scheduled maintenance;
- emergency maintenance;
- software updates;
- infrastructure failure;
- telecommunications failure;
- Payment Provider interruption;
- cybersecurity incidents;
- third-party failures; or
- circumstances outside EpicDewan's reasonable control.
30.3 Where practicable, EpicDewan may provide advance notice of material scheduled maintenance.
30.4 EpicDewan does not warrant that the Platform will operate uninterrupted or entirely free from errors, defects or vulnerabilities.
31. Third-Party Services and Integrations
31.1 EpicDewan may integrate with third-party applications, platforms or services.
31.2 Third-party services may be subject to separate terms and privacy policies imposed by the relevant provider.
31.3 Where a User or Organization chooses to activate an integration, the User or Organization authorises EpicDewan to exchange information reasonably necessary to operate that integration.
31.4 EpicDewan is not responsible for:
- changes made by an independent third-party provider;
- discontinuation of a third-party service;
- third-party service outages; or
- acts or omissions occurring entirely outside EpicDewan's reasonable control.
PART I — SUSPENSION AND TERMINATION
32. Suspension
32.1 EpicDewan may temporarily suspend or restrict access to an Account or Service where reasonably necessary because of:
- a material breach of these Terms;
- suspected fraud;
- unlawful activity;
- security risk;
- unauthorised access;
- non-payment of applicable Fees;
- misuse of the Platform;
- a legal or regulatory requirement; or
- conduct that materially threatens EpicDewan, another User, an Organization or the Platform.
32.2 Where reasonably practicable and appropriate, EpicDewan will notify the affected party and provide an opportunity to remedy a remediable breach.
32.3 Immediate suspension may occur where delay would reasonably create material security, legal, financial or operational risk.
33. Termination by an Organization
33.1 An Organization may terminate its use of EpicDewan in accordance with:
- the applicable subscription;
- order form;
- service agreement; or
- termination functionality made available through the Platform.
33.2 Termination does not relieve the Organization of Fees or liabilities incurred before termination.
33.3 Unless expressly stated otherwise, Fees already paid for a current billing period are non-refundable except where required by law or where EpicDewan expressly agrees otherwise.
34. Termination or Closure of a User Account
34.1 A User may stop using EpicDewan and may request closure of the User's Account, subject to applicable retention requirements.
34.2 Closing an Account does not automatically require immediate deletion of information that EpicDewan or an Organization must or may lawfully retain for:
- Transactions;
- accounting;
- taxation;
- legal compliance;
- fraud prevention;
- security;
- audit;
- dispute resolution;
- legal claims; or
- another lawful purpose.
35. Data Following Organization Termination
35.1 Termination of an Organization's use of EpicDewan does not automatically terminate or delete every Account belonging to persons associated with that Organization.
35.2 EpicDewan may distinguish between:
- Organization Data specific to the terminating Organization;
- Personal Data associated with an individual's independent EpicDewan Account;
- information relating to another Organization;
- Transaction records;
- audit and security records;
- legal and compliance records; and
- aggregated or appropriately de-identified information.
35.3 A terminating Organization has no right to require deletion of information that:
- belongs exclusively to another Organization;
- is required for another continuing relationship;
- is required for the User's independent Account;
- must be retained by law; or
- may lawfully be retained for another legitimate purpose.
35.4 Where an export feature is available or separately agreed, an Organization may export applicable Organization Data before termination, subject to applicable access and privacy restrictions.
35.5 The Organization is not entitled to export confidential information belonging exclusively to another Organization merely because the same individual is associated with both Organizations.
35.6 Data retained in routine backups may remain temporarily until overwritten according to the applicable backup cycle, subject to reasonable security controls and legal requirements.
PART J — WARRANTIES, LIABILITY AND RESPONSIBILITY
36. User and Organization Representations
36.1 Each User represents that information submitted by that User will not knowingly:
- violate applicable law;
- infringe third-party rights;
- contain malicious software;
- misrepresent identity or authority; or
- intentionally compromise the Platform.
36.2 Each Organization represents that:
- it has authority to use the Platform for its activities;
- its Administrators are appropriately authorised;
- information supplied to EpicDewan is supplied lawfully;
- it will comply with laws applicable to its activities; and
- it will not instruct EpicDewan to undertake unlawful processing or activity.
37. No Professional Advice
37.1 Unless expressly stated otherwise, EpicDewan does not provide:
- legal advice;
- tax advice;
- accounting advice;
- financial advice;
- investment advice; or
- professional regulatory advice
merely by providing the Platform.
37.2 Organizations remain responsible for obtaining appropriate professional advice concerning their own legal, financial, regulatory and governance obligations.
38. Platform Disclaimer
38.1 To the maximum extent permitted by law, EpicDewan does not warrant that:
- the Platform will always be uninterrupted;
- every feature will be entirely error-free;
- every third-party service will remain available;
- every payment will be approved;
- information independently supplied by a User or Organization will be accurate; or
- use of the Platform alone will satisfy every legal or regulatory obligation applicable to an Organization.
38.2 Nothing in these Terms excludes statutory guarantees, rights or remedies that cannot lawfully be excluded.
39. Organization and Member Disputes
39.1 EpicDewan is not responsible for resolving disputes relating solely to:
- admission to membership;
- rejection of membership;
- suspension or termination of membership;
- membership classification;
- Organization governance;
- elections or office-bearing positions;
- benefits promised by an Organization;
- Organization disciplinary matters; or
- other internal Organization decisions.
39.2 EpicDewan may provide system records or technical assistance where appropriate but does not thereby become a party to the underlying dispute.
40. Limitation of Liability
40.1 Nothing in these Terms excludes or limits liability where such liability cannot lawfully be excluded or limited.
40.2 Subject to Clause 40.1 and to the maximum extent permitted by law, EpicDewan will not be liable for:
- indirect loss;
- consequential loss;
- loss of anticipated profits;
- loss of business opportunity;
- loss arising solely from inaccurate information supplied by a User or Organization;
- loss arising from an Organization's internal decision;
- failure of a third-party system outside EpicDewan's reasonable control; or
- loss caused by a User's failure to protect Account credentials.
40.3 Where liability arises directly from a Paid Service supplied by EpicDewan to an Organization, EpicDewan's aggregate contractual liability arising from that Paid Service shall, to the extent permitted by law, not exceed the Fees actually paid to EpicDewan for that Paid Service during the twelve months immediately preceding the event giving rise to the claim.
40.4 Clause 40.3 does not apply where applicable law prohibits such limitation.
40.5 Nothing in these Terms limits statutory rights available to consumers under applicable Malaysian law.
41. Organization Indemnity
41.1 To the extent permitted by applicable law, an Organization shall indemnify EpicDewan against third-party claims, losses, liabilities and reasonable costs arising directly from:
- Personal Data supplied by the Organization without lawful authority;
- unlawful communications initiated by the Organization;
- content submitted by the Organization that infringes third-party rights;
- unlawful instructions given to EpicDewan;
- fraudulent or unlawful activities undertaken through the Organization's Account; or
- a material breach by the Organization of these Terms.
41.2 The indemnity does not apply to the extent the relevant loss was caused by EpicDewan's own breach, negligence, unlawful conduct or failure to comply with applicable obligations.
PART K — GENERAL LEGAL TERMS
42. Force Majeure
42.1 Neither EpicDewan nor an Organization will be treated as being in breach solely because performance is prevented or materially delayed by circumstances outside that party's reasonable control.
42.2 Such circumstances may include:
- natural disasters;
- flood;
- fire;
- epidemic or pandemic;
- war;
- terrorism;
- civil disorder;
- governmental action;
- widespread telecommunications failure;
- electricity failure;
- major cloud infrastructure failure;
- widespread cyberattack;
- denial-of-service attack; or
- another event beyond reasonable control.
42.3 The affected party should take reasonable steps to mitigate the effect of the event and resume performance where practicable.
43. Electronic Communications and Acceptance
43.1 Users agree that agreements, notices, invoices, receipts, transaction records and other communications may be provided electronically.
43.2 Acceptance may be recorded electronically, including through:
- a checkbox;
- button;
- electronic signature;
- account activation;
- electronic instruction; or
- another electronic acceptance mechanism.
43.3 Electronic records maintained by EpicDewan may be used as evidence of Platform activities and Transactions to the extent permitted by applicable law.
44. Notices
44.1 EpicDewan may provide notices through:
- registered Account email;
- in-Platform notification;
- notices displayed on the Platform; or
- another reasonable electronic method.
44.2 Users and Organizations are responsible for keeping registered contact details accurate and current.
44.3 A notice sent to the registered email address may be treated as delivered notwithstanding that the recipient fails to read it because the address is outdated, inaccessible or incorrectly maintained by the recipient.
45. Changes to These Terms
45.1 EpicDewan may amend these Terms where reasonably necessary to reflect:
- changes to the Services;
- introduction of new functionality;
- changes to payment models;
- changes to business operations;
- security requirements;
- legal or regulatory requirements; or
- improvements to the Platform.
45.2 The latest revision date will be displayed at the beginning of these Terms.
45.3 Where a change materially affects existing Users' rights or obligations, EpicDewan will provide reasonable notice through email, the Platform or another appropriate method where practicable.
45.4 Material changes will apply prospectively from their stated effective date.
45.5 Continued use of the Platform after the effective date of revised Terms constitutes acceptance of those revised Terms to the extent permitted by applicable law.
45.6 If a User does not agree to revised Terms, the User should discontinue use of the affected Services.
46. Assignment
46.1 A User or Organization may not assign its contractual rights under these Terms where the assignment would materially affect EpicDewan without EpicDewan's written consent.
46.2 EpicDewan may assign or transfer its rights and obligations in connection with:
- a corporate restructuring;
- merger;
- acquisition;
- sale of business;
- transfer of the Platform; or
- transfer to an affiliated or successor entity,
subject to applicable law and Personal Data obligations.
47. Relationship of the Parties
47.1 Except where expressly stated otherwise, nothing in these Terms creates:
- a partnership;
- joint venture;
- employment relationship;
- fiduciary relationship; or
- general agency
between EpicDewan and an Organization or User.
47.2 Neither party may represent that it has authority to bind the other except where expressly authorised.
48. Separate Agreements and Order of Precedence
48.1 EpicDewan and an Organization may enter into additional written agreements, including:
- service agreements;
- quotations or order forms;
- subscription agreements;
- data processing agreements;
- confidentiality or non-disclosure agreements; or
- other service-specific terms.
48.2 Where a separately executed agreement expressly governs a particular subject matter, that agreement will prevail over these general Terms solely to the extent of a direct inconsistency concerning that subject matter.
48.3 A separate confidentiality agreement does not replace these Terms generally unless it expressly states that it does so.
48.4 The EpicDewan Privacy & Personal Data Protection Policy governs EpicDewan's privacy disclosures and Personal Data practices, subject to any more specific data processing agreement required for a particular Organization.
49. Severability
49.1 If any provision of these Terms is determined to be invalid or unenforceable, that provision shall be interpreted or limited to the minimum extent necessary to make it enforceable where legally possible.
49.2 The remaining provisions continue in full force and effect.
50. Waiver
50.1 Failure by EpicDewan to enforce a provision immediately does not constitute a waiver of that provision.
50.2 A waiver concerning one breach does not constitute a waiver concerning another breach.
51. Entire Agreement
51.1 These Terms, together with:
- the EpicDewan Privacy & Personal Data Protection Policy;
- applicable Paid Service terms; and
- any separately executed agreement that applies to the relevant Services,
constitute the applicable contractual framework governing use of EpicDewan.
51.2 Nothing in this Clause limits rights arising from representations or obligations that cannot lawfully be excluded.
52. Governing Law and Dispute Resolution
52.1 These Terms are governed by the laws of Malaysia.
52.2 Where a dispute arises, the parties should first use reasonable efforts to resolve the matter through direct communication.
52.3 Where the dispute cannot be resolved, the matter may be referred to the courts of Malaysia, subject to any statutory right of a person to bring a matter before an applicable tribunal, regulator, Commissioner or other authority.
53. Contact and Platform Operator
EpicDewan is operated by:
STRONGBOX TECH SDN. BHD.
Company No. 201401036253 (1112392-X)
Platform: EpicDewan
Website: epicdewan.com
General contact: hello@techstrongbox.com
Questions concerning these Terms may also be submitted through the contact or support channels made available on the EpicDewan Platform.