User Agreement

Effective date: 17 May 2026

This User Agreement ("Agreement") applies to your access to and use of Member.com.my ("Website"), operated by BizCloud Asia Sdn. Bhd. ("BizCloud Asia", "we", "our" or "us"). By using this Website, submitting an enquiry, requesting a demo, logging in to any BMO service, ticking "I agree", or using any BMO module, you accept these terms on behalf of yourself and, where applicable, your company or organisation.

1. Website and BMO System Purpose

This Website provides information about BMO Membership System, membership management software, loyalty program features, member card workflows, CRM-related modules, pricing references and ways to contact BizCloud Asia. The broader BMO system may include cloud or on-premise modules such as membership, CRM, POS, inventory, file management, accounting, e-invoice, automation or other business modules made available by BizCloud Asia from time to time.

2. No Guaranteed Offer or Feature Commitment

All descriptions, screenshots, images, pricing references, modules, features, availability information and service statements are provided for general information only. BizCloud Asia may change, withdraw, revise, replace, add or remove any feature, function, price, package, module, agreement, technology, workflow or service scope without liability, subject to any signed quotation or written service agreement.

3. Quotations, Orders and Separate Agreements

Any actual subscription, software licence, implementation, support, maintenance, card printing, hardware, payment, hosting or professional service arrangement must be governed by a separate quotation, invoice, order form, service agreement, licence agreement or written confirmation issued or accepted by BizCloud Asia. If there is any conflict, the signed or accepted commercial document prevails over Website content.

4. Scope of Use

You may use the Website and any subscribed BMO modules only for lawful internal business purposes. You must not resell, sublicense, lease, provide service-bureau access, copy, benchmark, reverse engineer, scrape, reproduce or commercially exploit the Website or BMO system unless BizCloud Asia gives prior written permission.

5. Enquiries, Demo Requests and Account Information

When you submit an enquiry, request a demo, register, or provide business information, you agree to provide accurate, complete and authorised information. You must not submit another person's personal data, confidential business information, false details, misleading requests or unauthorised content unless you have the legal authority to do so.

6. Customer Data Responsibility

You are fully responsible for all data, documents, files, member records, customer records, pricing details, item records, loyalty data, payroll data, accounting data, e-invoice data or other information entered, imported, uploaded, generated or stored by you or your users in any BMO system. BizCloud Asia does not review, verify, audit or approve your data. You must verify all information before relying on it for business, statutory, financial, tax, HR, accounting, customer or operational decisions.

7. Compliance and PDPA

You are responsible for ensuring that your use of the Website and BMO system complies with all applicable laws, including tax, labour, consumer, data protection and industry regulations. Where you process personal data of members, customers, employees or other individuals, you are responsible for providing required notices, obtaining required consents, maintaining lawful processing grounds, and complying with the Malaysian Personal Data Protection Act 2010 and any other applicable data protection laws.

8. Acceptable Use

You agree not to misuse the Website or BMO system, interfere with operation, attempt unauthorised access, bypass security, upload malicious code, introduce malware or ransomware, send spam, impersonate another person, submit unlawful or defamatory content, infringe intellectual property rights, or use the Website or BMO system in any manner that may harm BizCloud Asia, its customers, staff, systems, infrastructure, reputation or legal rights.

9. Account Security

You are responsible for all users and activity under your account. You must keep usernames, passwords, company codes, API keys and access credentials secure and confidential. BizCloud Asia is not responsible for loss or damage caused by weak passwords, password sharing, phishing, compromised devices, unauthorised users, social engineering, failure to remove former staff access, or failure to follow reasonable security practices.

10. Cloud, Client-Hosted and On-Premise Responsibility

For cloud services hosted by BizCloud Asia or our providers, we will use commercially reasonable efforts to provide hosting, infrastructure-level security, maintenance and backup measures according to the relevant service plan. For client-hosted, PC-hosted, NAS, VM, local server or third-party-hosted installations, you are solely responsible for hardware, operating system, antivirus, firewall, network, internet connection, power protection, backup, restore testing, physical security and access control. Recovery or repair work for client-hosted environments may be chargeable.

11. Backups, Data Loss and Data Export

You should maintain your own appropriate backups and export procedures for business-critical data. For cloud services, upon written request made within a reasonable period after subscription termination, BizCloud Asia may provide a reasonable method to export available customer data, subject to account status, technical feasibility, unpaid fees, legal requirements and our retention policy. After the applicable retention period, data may be deleted, anonymised or archived.

12. Support and Service Levels

Unless a separate SLA states otherwise, standard support is provided during Malaysian business hours through remote or online channels. Any target response times, uptime targets or support statements are service targets only, not absolute guarantees. SLA targets do not apply to issues caused by your devices, network, internet provider, third-party integrations, local hosting, user error, security software, misconfiguration, force majeure events, or systems outside BizCloud Asia's reasonable control.

13. Fees, Payment and Taxes

Fees, payment terms and taxes follow the applicable quotation, invoice or order form. Unless otherwise stated in writing, subscriptions are billed in advance, fees are non-refundable, all fees are exclusive of SST and applicable taxes, late payment may result in suspension, and you may not set off, withhold or deduct amounts against BizCloud Asia invoices except where required by law.

14. System Bugs, Statutory Changes and Customer Verification

If you suspect a system bug, calculation issue or report error, you must notify us promptly with reasonable details and sample data. We may investigate and, if a defect is confirmed, provide a fix or workaround within a reasonable time. You remain responsible for reviewing and verifying reports, calculations, ledgers, invoices, payroll figures, e-invoice records, member data, loyalty data and submission files before using them for decisions, filing, payment or delivery to any authority.

15. Third-Party Services and Integrations

The Website or BMO system may link to or integrate with third-party services such as WhatsApp, SMS gateways, email providers, payment gateways, cloud storage, map services, accounting platforms, government portals, AI providers or other APIs. BizCloud Asia does not control and is not responsible for third-party uptime, pricing, security, behaviour, data handling, API changes, errors, suspensions or discontinuation. If you enable an integration, you authorise the necessary data exchange for that integration to function.

16. Artificial Intelligence and Automated Features

BMO modules may now or in the future include artificial intelligence, machine learning, generative AI, automation, recommendation, classification, extraction, summarisation or similar automated features ("AI Features"). AI Features are provided only as assistive tools. AI outputs may be inaccurate, incomplete, outdated, biased, unsuitable, misleading or inconsistent. You must review, verify and approve all AI-generated content, reports, calculations, classifications, summaries, recommendations or messages before relying on them, publishing them, submitting them to any authority or sending them to any third party.

17. AI Data and Prohibited AI Use

Where AI Features are enabled, inputs may be processed by BizCloud Asia or third-party AI providers. You are responsible for ensuring that personal data, confidential data or sensitive information is lawfully submitted and that required consents are obtained. You must not use AI Features for unlawful, discriminatory, defamatory, fraudulent, harmful or fully automated high-impact decisions without human review. BizCloud Asia does not provide legal, financial, tax, HR, accounting, medical or professional advice through AI Features.

18. Beta, Preview and Experimental Features

BizCloud Asia may offer beta, preview, experimental or early-access features. Such features are provided as-is, may be unstable or incomplete, may contain bugs, may produce incorrect results, may be changed or withdrawn at any time, and should not be used for production or compliance-critical workflows unless you have independently tested and accepted the risk.

19. Cybersecurity

BizCloud Asia will use commercially reasonable security measures for systems under our control. However, no system is completely secure. We do not guarantee immunity from hacking, malware, ransomware, data breaches, unauthorised access, downtime or other security incidents. We are not responsible for incidents caused or contributed to by your actions, weak credentials, shared passwords, compromised devices, phishing, malware on your environment, third-party integrations, or failure to apply recommended security practices.

20. Usage Monitoring and Service Improvement

BizCloud Asia may collect system telemetry, performance metrics, error logs, security logs, usage statistics and aggregated or anonymised analytics to operate, secure, troubleshoot and improve our Website, software, products and services. We will not sell identifiable customer data to third parties for their marketing purposes.

21. Intellectual Property

All Website content, BMO system designs, source code, database structures, user interface elements, workflows, documentation, text, graphics, icons, images, logos, product names, software descriptions, trademarks and other materials are owned by or licensed to BizCloud Asia unless otherwise stated. You receive only a limited, non-exclusive, non-transferable right to use the relevant system during an active subscription and according to your subscribed modules.

22. Confidentiality

Each party may receive confidential information from the other, including business data, pricing, system design, customer information or operational processes. Each party must use reasonable care to protect confidential information, use it only for the purpose of providing or receiving services, and limit access to persons who need to know and are under suitable confidentiality obligations.

23. No Professional Advice

Website content, BMO system outputs, reports, templates, AI outputs and support communications are provided for general business and software assistance only. They are not legal, financial, tax, accounting, audit, HR, compliance, medical or other professional advice. You should obtain appropriate independent professional advice for your specific requirements.

24. Disclaimer of Warranties

The Website, BMO system, AI Features, beta features and related services are provided on an "as is" and "as available" basis except where expressly stated in a signed agreement. To the fullest extent permitted by law, BizCloud Asia disclaims all warranties, representations and conditions, whether express, implied or statutory, including accuracy, completeness, merchantability, satisfactory quality, fitness for a particular purpose, uninterrupted access, error-free operation, security, non-infringement, and suitability for your business needs.

25. Limitation of Liability

To the fullest extent permitted by law, BizCloud Asia Sdn. Bhd., its directors, employees, representatives, suppliers, subcontractors and affiliates shall not be liable for loss of profit, revenue, business, goodwill, data, opportunity, reputation, system availability, indirect loss, consequential loss, special loss, punitive damages or economic loss arising from or related to the Website, BMO system, AI Features, third-party services, integrations, support, data, reports or reliance on any output.

Where liability cannot be fully excluded, BizCloud Asia's total aggregate liability for paid services shall be limited to the subscription fees actually paid by you for the affected service during the six months immediately before the first event giving rise to the claim, unless a different limit is stated in a signed agreement.

26. Indemnity

You agree to indemnify and hold harmless BizCloud Asia Sdn. Bhd., its directors, employees, representatives, subcontractors and affiliates from any claim, demand, loss, liability, fine, penalty, damage, cost or expense, including reasonable legal fees, arising from your misuse of the Website or BMO system, breach of this Agreement, unlawful conduct, infringement of rights, unauthorised data submission, inaccurate data, AI output use, third-party claim, or failure to comply with applicable laws.

27. Suspension and Termination

BizCloud Asia may block, restrict, suspend, investigate or terminate access where we believe there is non-payment, misuse, security risk, unlawful activity, spam, fraud, unauthorised access, breach of this Agreement, breach of a quotation or service agreement, or conduct that may harm our company, customers, staff, infrastructure, systems, data or rights. Suspension or termination does not affect accrued rights, unpaid fees or terms intended to survive.

28. Notice of Claims and Time Limits

You must notify BizCloud Asia in writing of any claim or potential claim as soon as reasonably practicable and, in any event, within thirty days after becoming aware of the issue. To the fullest extent permitted by law, any legal action related to the Website or BMO services must be commenced within twelve months after the cause of action first arises.

29. Force Majeure

BizCloud Asia is not liable for delay, failure, downtime, interruption or inability to perform caused by events beyond our reasonable control, including natural disasters, acts of God, war, riots, strikes, pandemics, epidemics, government actions, power failures, data centre incidents, telecommunications failures, internet outages, cloud provider issues, cyberattacks or third-party system failures.

30. Governing Law and Disputes

This Agreement is governed by the laws of Malaysia. You agree to submit to the courts of Malaysia for disputes related to this Website or the relevant services, subject to any mandatory applicable law.

31. Entire Agreement and Relationship

This Agreement, together with our Privacy Policy and any applicable quotation, invoice, order form, service agreement or licence agreement, forms the relevant agreement between you and BizCloud Asia for the applicable subject matter. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, employment or franchise relationship.

32. Changes to This Agreement

BizCloud Asia may update this Agreement at any time by posting the revised version on this page. Continued use of the Website or BMO services after changes are posted means you accept the updated Agreement.

33. Survival

Terms relating to customer data responsibility, compliance, payment, intellectual property, confidentiality, disclaimers, limitation of liability, indemnity, data export and deletion, AI, cybersecurity, claim limits, governing law and any provision that by nature should survive will survive expiry or termination.

34. Contact

For questions about this Agreement, contact BizCloud Asia Sdn. Bhd. at sales@bizcloud.asia.