Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User", "Client", or "you") and ClickSmart Digital Technology Sdn. Bhd. (Company No. 202201045129 / 1490826-X) ("ClickSmart", "we", "us", or "our") governing your access to and use of our website at clicksmart.com.my ("Website") and our digital transformation services.

By accessing the Website, submitting an enquiry, engaging our services, or signing a service agreement with ClickSmart, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy.

If you are accessing this Website on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. About ClickSmart Digital Technology

ClickSmart Digital Technology Sdn. Bhd. is a digital transformation consultancy registered in Malaysia (SSM: 202201045129 / 1490826-X), operating from our principal office at:

We are an authorised implementation partner for ClickUp, Lark Suite, and Meegle, and a registered HRDC training provider in Malaysia.

3. Website Use & Acceptable Use

You may use this Website for lawful purposes only. You agree not to:

• Use the Website in any way that violates applicable Malaysian law or regulation.
• Transmit any unsolicited commercial communications (spam).
• Attempt to gain unauthorised access to any part of the Website or its related systems.
• Introduce any viruses, malware, or other harmful code.
• Use automated tools to scrape, crawl, or harvest content from the Website without written permission.
• Misrepresent your identity or affiliation when submitting enquiries or communicating with us.
• Use the Website in a way that could damage our reputation or that of our platform partners.

We reserve the right to restrict access to the Website for any user who violates these Terms.

4. Our Services

4.1 Service Scope

ClickSmart provides digital transformation consulting, software implementation, system integration, HRDC-claimable training, and ongoing support services. The specific scope, deliverables, timelines, and fees for each engagement are defined in a separate written Service Agreement or Proposal between ClickSmart and the client.

4.2 Consultations

Initial consultations are provided free of charge and do not constitute a binding service agreement. No obligation arises on either party from an initial consultation unless formalised in writing.

4.3 Client Responsibilities

For service engagements, clients are responsible for:

• Providing accurate and complete information required for project delivery.
• Designating a point of contact who has authority to make decisions regarding the project.
• Providing timely access to required systems, staff, and resources.
• Reviewing and approving deliverables within agreed timelines.
• Ensuring their team participates in training and onboarding sessions.

4.4 HRDC Training

For HRDC-claimable training programmes, clients must ensure they meet the eligibility criteria set by the Human Resources Development Corporation (HRDC) Malaysia. ClickSmart will provide the necessary documentation to support levy claims but cannot guarantee approval by HRDC, as approval is subject to HRDC's own rules and the client's levy balance.

5. Intellectual Property

5.1 ClickSmart IP

All content on this Website — including text, graphics, logos, images, methodologies, templates, training materials, and software — is the exclusive property of ClickSmart Digital Technology Sdn. Bhd. or its licensors, protected under Malaysian and international intellectual property laws.

You may not copy, reproduce, distribute, modify, or create derivative works from our content without prior written consent from ClickSmart.

5.2 Client IP & Data

All data, content, and business processes provided by clients for the purpose of project delivery remain the intellectual property of the client. ClickSmart will not use client data for any purpose other than delivering the agreed services.

5.3 Deliverables

Unless otherwise specified in the Service Agreement, project deliverables (e.g. configured workspaces, documentation, templates) created specifically for the client during an engagement are owned by the client upon full payment of all outstanding fees.

6. Confidentiality

Both parties agree to maintain the confidentiality of the other's proprietary information disclosed during the course of an engagement. "Confidential Information" includes business strategies, pricing, client lists, technical processes, and any information marked as confidential.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no breach of this clause; (b) was already known to the receiving party; or (c) is required to be disclosed by law or regulatory authority.

This confidentiality obligation survives the termination of any service engagement for a period of three (3) years.

7. Payment Terms

Payment terms for service engagements are as specified in the Service Agreement or Invoice provided by ClickSmart. Unless otherwise agreed:

• Invoices are due within 14 days of the invoice date.
• Project commencement may require a deposit as specified in the proposal.
• Late payments may be subject to an interest charge of 1.5% per month on the outstanding balance.
• All prices are in Malaysian Ringgit (MYR) and exclude applicable taxes unless stated otherwise.
• Services may be suspended for accounts overdue by more than 30 days.

8. Limitation of Liability

To the maximum extent permitted by Malaysian law, ClickSmart's total liability to you for any claims arising out of or related to our services shall not exceed the total fees paid by you to ClickSmart in the three (3) months preceding the claim.

ClickSmart shall not be liable for any:

• Indirect, incidental, consequential, or punitive damages.
• Loss of profits, revenue, data, or business opportunity.
• Damages arising from your reliance on third-party platforms (ClickUp, Lark, Meegle) or their service interruptions.
• Delays or failures caused by factors beyond our reasonable control (force majeure), including natural disasters, cyberattacks, or government actions.

9. Warranties & Disclaimers

ClickSmart warrants that services will be performed with reasonable skill and care by qualified consultants in accordance with the agreed scope of work.

Except as expressly stated, we provide this Website and our services "as is" and make no warranties, express or implied, including:

• That the Website will be uninterrupted, error-free, or free from viruses.
• That the information on the Website is complete, accurate, or current.
• That any particular business outcome will result from our services (results depend on client adoption, market conditions, and other factors beyond our control).

10. Third-Party Platforms

ClickSmart implements and supports third-party platforms including ClickUp, Lark Suite, and Meegle. These platforms are owned and operated by their respective companies and subject to their own terms of service, privacy policies, and pricing structures.

ClickSmart is an authorised implementation partner but is not the publisher or developer of these platforms. We are not responsible for:

• Changes to platform features, pricing, or availability made by the platform owners.
• Data stored within third-party platforms (subject to the platform's own data policies).
• Platform downtime, bugs, or service interruptions.

Clients are responsible for maintaining their own platform subscriptions and complying with the respective platform's terms of service.

11. Termination

Either party may terminate a service engagement by providing written notice as specified in the Service Agreement. In the absence of a specific agreement:

• Either party may terminate with 30 days' written notice.
• ClickSmart may terminate immediately if the client breaches these Terms or fails to pay outstanding invoices after 30 days.
• Upon termination, the client shall pay for all work completed to the date of termination.
• Both parties shall return or destroy each other's confidential information upon termination.

ClickSmart reserves the right to terminate website access for users who violate these Terms without prior notice.

12. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Malaysia. Any dispute arising from or related to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Malaysia.

Before initiating legal proceedings, both parties agree to attempt to resolve disputes in good faith through direct negotiation for at least 30 days. If unresolved, disputes may be referred to mediation under the Asian International Arbitration Centre (AIAC) rules before litigation.

13. Changes to These Terms

We may revise these Terms at any time. Material changes will be communicated by:

• Updating the "Last updated" date on this page.
• Posting a notice on our website homepage for 30 days.
• Notifying active clients by email for significant changes affecting existing service agreements.

Continued use of our Website or services after changes take effect constitutes acceptance of the revised Terms.

14. Contact Us

For questions about these Terms of Use, please contact us: