Welcome, and Thank you for using Katsana!
Katsana’s products and services are provided by KATSANA Holdings Sdn Bhd. These terms of Service (“Terms”) govern your access to and use of Katsana’s websites, products, and services (“Products”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you are agree to be bound by these Terms and by our Privacy Policy.
Using Katsana GPS Tracking Service
Who can use Katsana
You may use our Product only if you can form a binding contract with Katsana, and only in compliance with these Terms and all applicable laws. When you purchase your Katsana product, you must provide us with accurate and complete information
If you open an account of behalf of a company, organisation or other entity, then (a) “you” includes you an that entity, and (b) you represent and warrant that you are authorised to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
Some of our Products may be software that is downloaded to your computer, phone, tablet or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
Our license to you
Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
Commercial use of Katsana
If you want to use our Products for commercial purposes, you must create business account and agree to our Business Terms of Service.
Security
We care about the security of our users. While we work with utmost diligence to protect the security of your information and account, Katsana GPS Tracker service cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorised use of your account.
Third party Links, Sites and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Katsana. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Katsana, you do so at your own risk and you agree that Katsana will have no liability arising from your use of or access to any third-party website, service, or content.
Termination
Katsana may terminate or suspend this license at any time, with or without cause or notice to you. Your subscription payment will be pro-rated and returned to you upon such termination.
In summary
We reserve the right to refuse service to anyone.
Indemnity
If you use our Products for illegal reasons prohibited by the Law and/or in violation of our service, as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Katsana and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defence of claims, suits or proceedings brought by third parties), in any way related to (a) your access to use of our Products, (b) your location information, or (c) your breach of any of these Terms.
In summary
If we are sued because of something you do on Katsana that goes against the Law and our Terms, you have to pay our costs.
Disclaimers
The Product and all included content and services are provided on an “as is” basis without warranty of any kind, whether expressed or implied.
KATSANA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KATSANA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) MISUSE OF OUR PRODUCTS AS DEFINED IN OUR TERMS AND THE LAW AS DETERMINED IN OUR SOLE AND ABSOLUTE DISCRETION; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL KATSANA’S AGGREGATE LIABILITY EXCEED ONE HUNDRED MALAYSIAN RINGGIT (RM100.00).
In summary
We are building the best service we can for you but we can’t promise it will be perfect. We’re not liable for various things caused by misuse of our Products. If you think we are, let’s try to work it out like adults.
Governing Law and Jurisdiction
These Terms shall be governed by the laws of Malaysia, without respect to its conflict of law principles. Our Products are controlled and operated from Malaysia, and we make no representations that they are appropriate and or available for use in other locations.
General Terms
Notification Procedures and changes to these Terms.
Katsana reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
In summary
If we’re making a big change to the terms, we’ll let you know.
Assignment.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Katsana without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement/Severability.
These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Katsana in connection with the Products, shall constitute the entire agreement between you and Katsana concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No Waiver.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Katsana’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
