TERMS AND CONDITIONS

Softwell - AceLiving Property Rental Management” (“Hosted Services”) are made available by Softwell (“Service Provider”) to you at its sole and absolute discretion and by using the Hosted Services upon Activation including but not limited to, purchasing any plan, product and/or services on “Management as a Service (MaaS)” (“App”), you unconditionally:-

(a) Acknowledge that you have read and fully understood these Terms and Conditions and agree to be bound by these Terms and Conditions; and

(b) Consent to the Service Provider using and processing your personal information and data in accordance with the Service Provider’s Privacy Policy which can be found at www.softwell.asia

Any person that you allow to access the Hosted Service using your Account shall also be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, please do not continue with the registration process or Activation or the use of this Hosted Services.

1. RESTRICTION

1.1 Restrictions
1.1.1 You hereby agree, undertake and covenant that you shall not:-

(i) Licence, sublicence, access, use, sell, transfer, assign, distribute, publish, disclose or otherwise make the Hosted Services, the App and/or any information obtained by you while using the Hosted Services and/or the App available to any third party;
(ii) Modify, decompile or copy the Hosted Services, the App and/or any of its components;
(iii) Access or use the Hosted Services and/or the App to build or support any products or services competitive with the Hosted Services and/or the App;
(iv) Circumvent user authentication or security of any host, network or account (“Hacking”) or interfere with service to any user, host or network (“Denial of Service Attacks”) or otherwise cause immediate, material or ongoing harm to the Hosted Services and/or the App;
(v) Attempt to probe, scan or test the vulnerability of the Hosted Services, the App and/or the network or breach any security or authentication measures;
(vi) Use the Hosted Services and/or the App dishonestly, fraudulently or illegally;
(vii) Use the Hosted Services and/or the App to cause embarrassment, distress, annoyance, irritation, harassment, inconvenience or nuisance to any person;
(viii) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Service Provider or any other third party (including other users) appointed by the Service Provider to protect the ability of the Service Provider to provide the Hosted Services via the App;
(ix) Remove, change and/or obscure in any way anything on the Hosted Services and/or the App or otherwise use any material or information obtained whilst using the Hosted Services and/or the App save and except as set out in these Terms and Conditions;
(x) Falsely identify itself or provide any false information to establish any account that will be used to gain access to and/or use of the Hosted Services and/or the App; and
(xi) Use the Hosted Services and/or the App in a manner that violates any applicable law or regulation, infringes on the rights of any person or entity, or violates this Agreement.

2. OBLIGATION OF SERVICE PROVIDER

2.1 Provision of Services
2.1.1 The Hosted Services made available to you via the App may perform the following transactions (collectively referred to as “Transactions”):-

(a). Register and create a tenancy account (“Account”);
(b). Generate bills and invoices of tenancy;
(c). Coordinate payment of monthly rental through payment gateway platform;
(d). Generate short message service (SMS);
(e). Integrate payment gateway;
(f). Integrate smart door lock;
(g). Integrate smart utilities meters;
(h). Integrate accounting software; and/or
(i). Any other services as may be provided by the Service Provider to you from time to time.

2.1.2 The Hosted Services and the App is only available on portable and wireless telecommunications device such as smartphones, tablets and also computers and laptops (collectively referred to as “Device/Computer”) and is strictly for your personal use.
2.1.3 The record of all Transactions authenticated through the transaction PIN number and Device/Computer number registered for the Account shall be binding and conclusive evidence of your Transaction.
2.1.4 Any instruction, confirmation and/or communication sent from the Device/Computer via the Account shall be deemed to have been sent and/or issued by you irrespective of whether such instruction, confirmation and/or communication were actually sent by you or not and the Service Provider shall deem that the Hosted Services and/or the App have been accessed legitimately and the Transactions conducted shall be valid. You shall be personally liable and responsible for the use of the Account including but not limited to all transactions undertaken and/or transacted using the Account once the said transaction has been authenticated irrespective of whether the transaction is undertaken and/or transacted by you unless it can be established that such transaction was erroneously transacted due to the fault of the Service Provider.
2.1.5 You acknowledge that a transaction being performed is not always simultaneous with an instruction being given by you. Some of the Transactions may take time to process and may only be processed during normal working hours, even though Hosted Services and/or the App may be accessible outside such hours.
2.1.6 Notwithstanding anything to the contrary, the Service Provider reserves the absolute right to block or decline any transaction at its absolute discretion without assigning any reason thereto.

2.2 Availability

2.2.1 The Service Provider shall make the Hosted Services and the App available to you in accordance to this Agreement at such service fees imposed by the Service Provider.
2.2.2 The Service Provider is using Amazon EC2 to run the Hosted Services and the App and will take reasonable measures to keep the Hosted Services and the App uptime at or above 99.99% during the Term of this Agreement.
2.2.3 For avoidance of any doubt, the Service Provider shall not be held liable or be responsible to you or any party for any loss or damages in the event the Hosted Services and/or the App is unavailable or interrupted due to any of the following events:-

a. Termination or suspension of this Agreement or your use of or access to the Hosted Services and/or the App;
b. Force Majeure (as defined in Clause 11 hereof);
c. Power outage;
d. Failure of system or network;
e. Scheduled or unscheduled maintenance carried out to the Hosted Service and/or the App; and/or
f. Other unanticipated interruptions.

2.3 Maintenance and Support

2.3.1 The Service Provider shall undertake the maintenance of the Hosted Services and the App (“Maintenance”) and provide standard system support (“System Support”) to you from time to time.
2.3.2 The Service Provider shall take all reasonable steps to minimise disruption to the operation of the Hosted Services and/or the App arising from the Maintenance and System Support.

2.4 Upgrade

2.4.1 The Service Provider shall have the right to improve and upgrade the Hosted Services and/or the App to the benefit of you from time to time and shall promptly notify you of any upgrade that will significantly change the functionality of the Hosted Services and/or the App.
2.4.2 The Service Provider does not make any representation, warranty and/or undertaking (whether express, implied or otherwise) that the Hosted Services, the App and any subsequent revisions, updates, upgrades or versions are and would be compatible with your Device/Computer. The Service Provider shall not be liable or responsible in any manner whatsoever for any liability, loss, damage, costs and expenses suffered and/or incurred by you due to the Hosted Services and/or the App being incompatible with your Device/Computer.

3. OBLIGATION OF CUSTOMER

3.1 You hereby undertake, warrant and represent as follows:-

a. You shall keep its personal information, password and PIN number for the Account private and confidential at all times and shall take all steps to prevent disclosure of your password and PIN number;
b. You shall ensure that all information and data provided to the Service Provider including personal data are true, accurate, updated and complete and shall promptly update such information and data if there is any change to the same;
c. You shall comply with all notices and instructions given by the Service Provider from time to time in relation to the use of the Hosted Services and/or the App;
d. You shall be fully responsible for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the Hosted Services and/or the App;
e. You shall be fully responsible for any and all data, information, confirmation and/or instruction transmitted or broadcasted from your Device/Computer whether by you or any other person whether authorised or otherwise;
f. You shall comply with all applicable laws of Malaysia relating to the Hosted Services and/or the App;
g. You shall take all reasonable steps to prevent fraudulent, improper or illegal use of the Hosted Services and/or the App;
h. You shall report to the Service Provider immediately upon the discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to the Device/Computer and/or your use; and
i. Your shall indemnify and keep the Service Provider indemnified against any loss, damage, liability, costs and expenses from any claim for libel, invasion of privacy, infringement of copyright, patent, breach of any law or regulation whatsoever transmitted, received or stored via the Hosted Services and/or the App and for all other claims arising out of any act or omission on the part of you or any authorised use or exploitation of the Hosted Services and/or the App.

4. PAYMENT

4.1 Activation Fees

4.1.1 Upon signing of this Agreement, you shall pay an activation fees imposed by the Service Provider (“Activation Fees”) to the Service Provider.
4.1.2 Upon the receipt of the Activation Fees by the Service Provider from you, the Service Provider shall generate an Account for you and furnish you with all the login particulars for the Account in order to access and use the Hosted Services and the App. You are only entitled to use the Hosted Services and the App after the Account has been activated.

4.2 Subscription Fees

4.2.1 Upon signing of this Agreement, you shall subscribe to any and/or all of the plans (“Subscription Plan”) at such applicable fees determined by the Service Provider (“Subscription Fees”) and pay the applicable Subscription Fees to the Service Provider.
4.2.2 You shall be entitled to upgrade your subscription plan at any time with the consent of the Service Provider and you shall pay the additional subscription fees for such upgrade to the Service Provider upon demand.
4.2.3 For avoidance of any doubt, the Subscription Fees are excluded from the Service Fees as defined hereinafter in Clause 4.3 hereof.

4.3 Service Fees

4.3.1 Every RM1.00 paid by you into the Account shall be converted to 1.00 credit which shall be utilised by you to perform and transact the Transactions.
4.3.2 You shall only be entitled to perform and/or transact any or all of the Transactions using the available credit (“Available Credit”) in the Account and not otherwise. The Service Provider shall have the absolute right to decide the respective credit rate(s) (“Credit Rate”) to be utilised by you to perform each of the Transactions.
4.3.3 You hereby authorise the Service Provider to deduct any Available Credit and/or money from the Account to perform and transact the Transactions.
4.3.4 You shall ensure there is sufficient Available Credit in the Account before using the Hosted Services and/or the App to cover the total cost(s) of the Transactions, failing which the Service Provider shall have the absolute right to block, reject or decline any of the Transactions to be transacted through the Account.

4.4 Server Maintenance Fees

4.4.1 You shall pay the server maintenance fees determined by the Service Provider (“Server Maintenance Fees”) to the Service Provider every year.
4.4.2 You shall not be entitled to utilise the Available Credit to pay for the Server Maintenance Fees.

4.5 Revision/Increment

4.5.1 Notwithstanding anything to the contrary, the Service Provider shall have the absolute right to revise or increase the Subscription Fees, Credit Rate and/or Server Maintenance Fees from time to time PROVIDED ALWAYS THAT the Service Provider shall first notify you of such revision or increment and you shall be entitled within seven (7) days upon receipt of the notification to elect whether to terminate this Agreement on continue with the engagement of the Hosted Services via the App.

4.5.1.1 In the event you elect to terminate this Agreement, the Service Provider shall have the right to immediately suspend your use of the Hosted Services and/or the App.
4.5.1.2 In the event you elect to continue with the engagement of the Hosted Services via the App or fails to make the election to terminate this Agreement within the time stipulated in Clause 4.5.1.1 hereof, you shall be deemed to agree to continue with the engagement of the Hosted Services via the App and agree to such revision or increment of the Credit Rate and/or Server Maintenance Fees.

4.6 Mode of Payment

4.6.1 All the aforesaid payment(s) shall be made by you to the Service Provider by way of cash, banker cheque, bank draft, cashier order, Customer’s cheque and/or electronic payment and all such payment shall be deemed to be paid/made on the day such payment is received by the Service Provider.

4.7 Non-Refundable and Non-Transferable

4.7.1 You agree that all payment(s) paid by you to the Service Provider and/or paid into the Account are non-refundable nor non-transferable to any third party.

5. TERMINATION

5.1 If you:-

(a). Are reasonably suspected to be involved in any of the restricted activities as set out in Clause 1.1 hereof;
(b). Commit any breach of or fail to perform or observe any material term, condition or covenant of this Agreement and fail to remedy the said breach within seven (7) days upon notice given by the Service Provider to do so; and/or
(c). If you are an individual, become a bankrupt or being a company, enter into liquidation whether compulsory or voluntary, the Service Provider may forthwith terminate this Agreement and in such event the Service Provider shall have the absolute right to:-

(a). Cancel or refuse any of the Transactions;
(b). Suspend or terminate any of your Account(s) and use of the Hosted Services and/or the App by you;
(c). Permanently delete or destroy any and/or all data and information provided by you to the Service Provider by and through the Hosted Services and/or the App, may include personal data; and/or
(d). Take further steps as the Service Provider may deem necessary.

5.2 In the event Clause 5.1 shall apply, the Service Provider shall not be obliged to refund the Available Credit (if any) to you.
5.3 In the event you do not perform any transaction for more than one (1) year,

(i). The Service Provider shall at its absolute discretion to treat the Account as dormant and suspend the Account and use of the Hosted Services and the App. The Service Provider shall not be held liable to you for any reason whatsoever due to the suspension of the Account and/or use of the Hosted Services and the App;
(ii). All the balance Available Credit (if any) in the Account shall be deemed expired and no longer can be used to perform any of the Transactions.

5.4 In the event the Account and/or the use of Hosted Services and the App has been suspended and you request for reactivation of the same, the Service Provider may at its absolute discretion reactivate the Account, Hosted Services and/or the App subject to any requirements are may be determined by the Service Provider.

5.5 The suspension or termination of this Agreement shall not prejudice or affect any right of action which has accrued prior to such suspension or termination of this Agreement.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Ownership

6.1.1 You acknowledge that the Service Provider owns exclusively and reserves all right, title and interest in and to the Hosted Services, the App and the software underlying the Hosted Services and/or the App, including all of the Service Provider’s related intellectual property rights.

6.2 Reserved Rights

6.2.2 The Parties hereby acknowledge that there is no transfer of any right, title or ownership rights to the Hosted Services, the App and software underlying the Hosted Services and/or the App to you.

7. DISCLAIMER

7.1 The Hosted Services and the App are provided by the Service Provider to you on an “as is” and “as available” basis.
7.2 Save and except as expressly set out in these Terms and Conditions, the Service Provider hereby expressly disclaim all representations, conditions, warranties (whether express or implied, statutory or otherwise) including but not limited to the following:-

(i). The availability, accessibility, timeliness and uninterrupted use of the Hosted Services and/or the App;
(ii). Accuracy, completeness, timeliness or the security any data and information provided to you as part of the Hosted Services and/or the App;
(iii). Any implied warranty of merchantability;
(iv). Any implied warranty of fitness for a particular purpose;
(v). Any implied warranty of infringement; and
(vi). Any implied warranty arising out of the course of dealing, custom or usage of trade with respect to the Hosted Services and/or the App provided by the Service Provider.

8. SERVICE PROVIDER’S LIABILITY

8.1 The Service Provider shall not liable for any liability, loss, damages, costs and/or expenses (whether direct or indirect), or for loss of revenue, loss of business, loss of profits or any consequential or indirect loss whatsoever as a result of the use or misuse of the Hosted Services and/or the App by you.
8.2 You shall be solely responsible to make all efforts to ensure it downloads the most up to date version of the App and Hosted Services and also ensure its App is up to date. The Hosted Services and/or the App shall be periodically updated by the Service Provider and you shall check the Hosted Services and/or the App regularly to ensure you have the latest information.
8.3 You acknowledge that the Service Provider is unable to exercise control over the security or subject matter passing over the Telecommunication Provider’s Network, the App or via the Hosted Services, and the Service Provider hereby exclude all liability of any kind for the transmission or reception of infringing any subject matter of whatsoever nature.
8.4 Notwithstanding anything to the contrary contained herein, the maximum liability of the Service Provider shall not exceed an amount equivalent to the aggregate cash value of the Available Credit in the Account at the date on which your claim arises.

9. EXCLUSION OF LIABILITY

9.1 The Service Provider shall not be liable for any special, direct, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of, or in connection with the performance of, or use of the Hosted Services and/or the App and the Service Provider expressly excludes all liabilities whatsoever in respect of any loss arising as a result of:-

(1). Use of the Hosted Services and/or the App, or reliance on Hosted Services and/or the App, or any loss of Hosted Services and/or the App resulting from delays, non-deliveries, missed deliveries, or service interruptions; and
(2). Defect that may exist for any costs, loss of profits or consequential losses arising from your use of, or inability to use or access, or a failure, suspension, withdrawal or termination of all or part of the Hosted Services and/or the App at any time.

9.2 All representations, conditions and warranties that may be implied or incorporated into these Terms and Conditions by law or otherwise are hereby expressly excluded to the extent permitted by law.

10. INDEMNITY

10.1 You hereby agree and undertake to fully indemnify and to keep the Service Provider indemnified from and against any claim brought by a third party resulting from the use of the Hosted Services and/or the App in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including legal costs and expenses) or liabilities whatsoever or howsoever suffered or incurred directly or indirectly by the Service Provider in consequence of and/or in connection with your use of the Hosted Services and/or the App and your breach of any of these Terms and Conditions.

11. FORCE MAJEURE

11.1 Without limiting the generality of any provision in these Terms and Conditions, the Service Provider shall not be liable or responsible for any non-performance or delay in performance of its obligations herein (including but not limited to the non-availability and/or interruption of the Hosted Services and/or the App) caused by Force Majeure.
11.2 In this Agreement, “Force Majeure” means any cause which is not within the control of the Service Provider including but not limited to act of God, industrial dispute of any kind, act of government, government restraint, expropriation, change of law, lockouts, blockade, outbreaks and pandemics and interruption or failure of utility service including but not limited to electric, power, gas or telecommunication services.
11.3 Notwithstanding Clause 11.1 hereof, you shall remain liable to pay all fees and charges which are outstanding and/or due and payable to the Service Provider.

12. CONFIDENTIALITY

12.1 Each party acknowledges that it may have access to information that is confidential to one another (“Confidential Information”) in connection with this Agreement.
12.2 Each recipient of the Confidential Information under this Agreement shall:-

(1). keep the disclosing party’s Confidential Information confidential and protect it to the same extent that a reasonable person would protect such Confidential Information; and
(2). not use the disclosing party’s Confidential Information in any way for its own account or the account of any third party except to perform its duties, exercise its rights or is otherwise authorised under this Agreement or required by the law.

12.3 The restriction contained in this clause shall continue to apply after termination of this Agreement.

13. PERSONAL DATA PROTECTION

13.1 You hereby give your consent to the Service Provider to obtain your personal information, which is subject to such applicable data protection, privacy and other similar laws, and include information concerning your company particulars, data and credit worthiness, its directors’ and shareholders’ names, identity card numbers, passport numbers, nationalities, residency, genders, dates of birth, ages, races, occupations, marital status, addresses, contact information, telephone numbers, facsimile numbers, email addresses, credit worthiness, data and other status in relation to this Agreement and to disclose the said personal information to other third parties in relation to this Agreement including but not limited to government agencies, statutory bodies, industry regulators, financial institutions, suppliers, solicitors, secretarial and services agents.

14. NO PARTNERSHIP OR AGENCY

14.1 Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture of any kind between the Parties, or to authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

15. TIME TO BE OF THE ESSENCE

15.1 Any time or period mentioned in any provision of this Agreement may be extended by mutual agreement in writing between the Service Provider and you but as regards any time, date or period originally fixed or any time, date or period so extended as aforesaid time shall be of the essence of the contract.

16. WAIVER

16.1 No delay in exercising or non-exercise by any party of any of its rights, powers or remedies under or in connection with the Agreement shall operate as a waiver of that right, power or remedy. Any such waiver must be specifically granted in writing signed by the Party or his Solicitors granting it. The waiver or release shall only operate as the waiver or release of a particular breach specified and not of further breaches of the same or any other type, unless expressly stated otherwise.

17. SEVERABILITY

17.1 If any provision of this Agreement or part thereof is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

18. NOTICE

18.1 Every notice, request, demand or other communication under this Agreement shall, unless otherwise specifically stated in this Agreement,

(a). Be in writing addressed to the receiving party at their last known addresses delivered by hand, courier or registered letter; and
(b). Be deemed to have been sent, in the case of delivery by hand or courier, when delivered to the address of the receiving party and, in the case of registered letter, when posted three (3) Business Days after it has been put into the post.

19. APPLICABLE LAW

19.1 This Agreement shall be governed by and construed in all respects in accordance with the laws of Malaysia.

20. SUCCESSORS BOUND

20.1 This Agreement shall be binding upon the heirs, personal representatives, successors-in-title and permitted assigns, as the case may be, of the Parties hereto.

21. HEADING FOR CONVENIENCE ONLY

21.1 The subject headings of the clauses in this Agreement are included for the purpose of convenience only and shall not in any way affect the construction or interpretation of any of its provisions.

22. ENTIRE AGREEMENT

22.1 This Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof. It is agreed and declared that no party has entered into this Agreement in reliance upon any representation, warranty or undertaking of any of the other party which is not expressly set out in this Agreement.

23. APPLICABLE TAX

23.1 In the event the Service Provider’s supply of the Hosted Services and/or the App is subject to any tax chargeable other than the income tax payable by the Service Provider, if applicable (“Applicable Tax”), you shall be responsible and liable to pay the Applicable Tax and shall pay the same to the Service Provider upon receiving a notice given by the Service Provider.

24. INTERPRETATION

24.1 Unless the context otherwise requires,

(a). References in this Agreement to:

(i). The parties herein shall include their successors-in-title, permitted assigns and any other person or party for the time being deriving title under it and, in the case of the Service Provider and you, the assign of the Service Provider and you; and
(ii). This Agreement or any other instrument is a reference to this Agreement or that other instrument as amended, varied, novated or substituted from time to time;

(b). Any reference to a statutory provision shall include such provision and any regulations made in pursuance thereof as from time to time modified or re-enacted whether before or after the date of this Agreement;
(c). References to recitals, clauses, sub-clauses, schedules and appendices are to recitals, clauses, sub-clauses and schedules of and appendices to this Agreement;
(d). The headings are for convenience only and shall not affect the interpretation thereof;
(e). Words importing the singular number shall include the plural and vice versa, words importing the masculine gender shall include the feminine and neuter gender and vice versa;
(f). Words and expressions denoting the whole include any part;
(g). A word or expression denoting a collection or group consisting of two (2) or more constituents thereof includes any one or more of such constituents;
(h). The words “hereof”, “herein”, “hereto”, “hereinafter” and “hereunder”, and words of similar import, when used in this Agreement, shall, unless the context otherwise requires, refer to this Agreement as a whole and not to any particular provision of this Agreement;
(i). Where there are two (2) or more persons and/or Parties comprised in the expression the covenants, agreements, representations, warranties, undertakings, obligations and liabilities of the said persons and/or parties contained in this Agreement or implied on their part are joint and several and shall be construed accordingly;
(j). References to a person includes an individual, firm, body corporate, unincorporated association, government or governmental, semi-governmental or local authority or agency;
(k). Reference to “Relevant Authority” means any governmental, semi- or quasi governmental and/or other statutory authorities, departments, agencies or bodies and/or any privatised or corporatised bodies or any other corporation which for the time being is authorised under any written law in force in Malaysia;
(l). Reference to “Parties” means the Service Provider and you collectively and reference to “Party “ means any of the Parties;
(m). Reference to “Terms and Conditions” or “Agreement” means the terms and conditions for the Hosted Services and/or the App stated herein and also those terms and conditions as may be varied or modified from time to time at the sole discretion of the Service Provider;
(n). No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of this Agreement or any part of it;
(o). Where an act is required to be done within a specified number of days after or from a specified date, the period is exclusive of and begins to run on the date immediately following the date so specified and where an act is required to be done by a specified date, the period is inclusive of and ends on the date so specified save that where the last day of the period shall fall a day which is not a Business Day, the period shall be extended to include the next following day which is a Business Day;
(p). “Business Day” means a day which is not a Saturday, Sunday or a public holiday gazetted by Johor or Malaysia. For avoidance of doubt, Friday is considered as a Business Day unless it falls on a public holiday gazetted by Johor or Malaysia; and
(q). The expression “month” means a period starts on one day in a calendar month and ending on the numerically corresponding day in the next calendar month save that, where any such ending day would otherwise fall on a day which is not a Business Day, such ending day shall fall on the next Business Day and provided further that if a period starts on the last day in a calendar month and if there is no numerically corresponding day in that later month in which that period ends, that period shall end on the day immediately next after the last day of that later month subject that if the said ending day is not a Business Day, it shall end on the next Business Day (and references to “months” shall be construed accordingly).