Karuna Sarawak Enterprise Sdn. Bhd. Provides information and materials regarding Intelligent Property Management System (IPMS) to users solely the purpose of updating and receiving information regarding its products and services, compatible technologies and upgrades from time to time. The terms and conditions grant the users the rights to access, use and key in information on the website or mobile application. However, if the details of the materials are duplicated, copyright and other proprietary notices contained as per the original materials may not be modified by any part in any way.

By agreeing with the privacy policy, the individual agrees with the contexts of the application for lawful purposes and it does not infringe with the rights, restrict or inhibit anyone else’s use of IPMS website and app.

Any party registers with IPMS must read, agree and comply with the following guidelines and all the terms and conditions including the laws in the region.:

Online Contents Disclaimer
All contents included in the online policies and similar resources on this website or app embodies IPMS views and opinions about the matters during the published date. Due to the rapid changes in the market and its landscape, IPMS will make changes on the policy in regards to the demand and upgrades to fit users’ needs from time to time. This indirectly will further enhance the relationships with users, customer’s and developers and help them keep track on the information, documentation

As the market situations constantly changing, which require IPMS to respond accordingly to enhance our relationship with our users, customers and resellers, the documents should not be inferred as legally binding assurances. Instead, they should be viewed as adaptable documents that require occasional amendments. On the same note, IPMS also is not in the position to guarantee that all information in such documents will not contain any inaccuracy or always updated after they are posted. All such documents are produced solely for information purposes. As such, IPMS does not warrant, express, implied, or statutory, by posting those documents or about information contained in all those documents.

Changes, Additions, or Deletions
IPMS may on occasion alter any of its online policies or similar documents on this website, add or remove any terms of such documents, or remove or discontinue such documents completely, at any time. Upon making such changes, if any, we will publish the revised documents to this website, and will revise the publication date on them accordingly, but we are not obligated to provide any other notice to you. It is recommended that you check all online policies and similar documents relevant to you situation occasionally to be updated about their statuses.

Users is responsible for carefully reading the terms of use and accept them upon registration and subscription whereby they shall grant IPMS the permission for IPMS to collect, use and process all relevant information shared for sales, marketing and promotional purposes. Users can unsubscribe the services provided by IPMS at any time by following the procedures or providing a written consent to IPMS.

IPMS reserves the rights to amend, change, modify or remove any portions of the terms of use at any time based on its relevancy. However, your continued use of the services provided or continue access of all products and accessories furnished by IPMS after the changes/amendments made will be deemed to constitute to acceptance of the amendments.

Grant of Rights

In consideration of the Service Charges to be paid by the Customer to IPMS and subject to the terms and conditions herein and any other contract(s) between the user and IPMS, governing the use of IPMS’s Service by the Customer, IPMS hereby grants Customer a non-exclusive, non-transferable, non-assignable, limited license to use the Services during the Initial Subscription Term or Renewal Subscription Term, as the case may be, solely for the user’s own business purposes and strictly not for any commercial or competitive purpose without IPMS’s consent. IPMS reserves the right to make changes, modifications, reduction in functionality and enhancements to the Services, at any time, and from time to time without prior notice. The license for use of the Service is effective until terminated. This license will terminate as set forth under this Terms of use or if you fail to comply with any provision of this Terms of use.

Limitations on Use

Unless expressly permitted by IPMS in writing, the user shall not sell, rent, loan, sub-license, disclose, assign or share the use or otherwise communicate or make available any Services or any part thereof to any other party whatsoever; by modifying or make derivative works based upon the Services or the Content; reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by us with respect to the Services and/or data transmitted, processed or stored by IPMS; or access the Services in order to build a competitive product or services.

Additionally, user shall not use the Services to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; interfere with or disrupt the integrity or performance of the Services or the data contained therein; or attempt to gain unauthorized access to the Services or its related systems or networks

Ownership of Service & Customer Data

Ownership of the Service

The Service is the property of IPMS, and is protected by copyright, patent, trade secret and other intellectual property laws. IPMS retains any and all rights, title and interest in and to the Service (including, without limitation, all Intellectual Property Rights), including all copies, modifications, extensions and derivative works thereof. user’s right to use the Service is limited to the rights expressly granted in these terms and conditions / policy and the applicable Order Form(s). All rights not expressly granted to Customer are reserved and retained by IPMS. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Service and Contents. You also shall not, without our prior written consent, mirror or frame any part or whole of the Service on any other server or as part of any other website.

User Data

The Services allow users to enter all relevant Data. To the extent User enters any Projects Data into the Services, and not IPMS shall have sole responsibility for the accuracy, quality, integrity, legality, and intellectual property ownership or right to use all Customer Data, and IPMS shall not be responsible or liable for the deletion, correction, destruction, damage, or loss of such Data. It is user’s responsibility to inform users and third parties that user is providing their information to IPMS, to inform them of how it will be used and to gather appropriate consents required for such transfer and use. IPMS will not have any liability that may result from Customer’s use of the Services to collect or manage sensitive information. IPMS’s use of the Data shall be limited to the purpose of providing the Services to the user. To the extent user enters data into the services, user agrees and acknowledges that IPMS is not obligated to retain any Data after termination or expiration of the Services, and may delete the Data after the end of the Services, without further obligation or liability to the Customer.

The Customer agrees to indemnify and hold IPMS, our owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to the user Data.

The user acknowledges that IPMS and our designees shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Data. Without limiting the foregoing, IPMS and our designees shall have the right to remove any content that violates the Terms of use, any applicable laws or regulations; should IPMS receive a complaint from another User; if IPMS receive a notice of Intellectual Property infringement or other legal instruction for removal; or if such content is otherwise objectionable. IPMS may also block delivery of a communications (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of IPMS’s effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms of use.

Subscription Term and Renewal

The Initial Subscription Term shall begin on the effective date of Customer’s Subscription subject to the due payment of the Service Charges in full and expire at the end of the period selected during the subscription process.

Unless user gives IPMS a written notice that the user does not intend to renew the subscription, this Services will automatically be renewed on an annual basis for subsequent renewal terms of twelve (12) months. The Renewal Subscription Term shall be on the then-current terms of use, and subjected to any applicable renewal pricing and/or particular fees. Written notice of non-renewal must be sent by email to IPMS no less than thirty (30) days in advance of the end of the Initial Subscription Term.

Service Charges and Product Prices

In consideration of the provision of the Services by IPMS, the user shall pay the Service Charges in advance before the commencement of the Initial Subscription Term or Renewal Subscription Term, as the case may be, on annual basis as well as all other incidental fees, including but without limitation to prices of the product and accessories required to operate the Services, training fees, setup and installation fees and any other charges (“Incidental Cost”). The Services Charges and Incidental Cost shall become due and payable to IPMS upon the issuance of invoice.

The Service Charges payable shall cover the initial gratis support service exclusively specified, technical supports, system maintenance and software upgrade (if any), but shall not include the product and accessories required to operate the Services. The user hereby acknowledges and agrees that the Service Charges for any additional servers, as a result of future amalgamation, reconstruction or otherwise of the user’s constitution which are not covered by this Terms & Conditions or Order Forms, are payable separately by the Customer to IPMS as the rate as may be reasonably determined by IPMS at its sole discretion. The Customer hereby further acknowledges and agrees that:-

(a) IPMS shall be at the liberty to adjust the Service Charges, any of the Incidental Cost in compliance inflationary operation costs from time to time (“Adjustment”) provided that a written notice is served to the Customer forty-five (45) days before the Adjustment comes into effect

(b) IPMS shall at the liberty to impose any further charges on top of the Service Charges from time to time provided that a written notice has been given by IPMS to the Customer forty-five (45) days before the further charges comes into effect; and

(c) All the Service Charges and Incidental Cost are strictly not refundable for whatsoever reasons.

User’s Responsibilities

User is responsible for all activity occurring under User accounts and shall comply with all applicable laws and regulations in connection with their use of the Services, including but not limited to those related to data privacy, international communications, the transmission of technical or personal data and export control laws and regulations. All the related hardware products and accessories for the Services would be fully under user’s care responsibility solely after IPMS’s delivery / handover and user has acknowledged the acceptance in good condition. To the extent damage resulting from abuse, accident, modifications or other causes that are not defects in materials and workmanship, the user, not IPMS, shall solely bear for the losses.

The user is responsible for making all arrangements necessary for them to have access to the Services. IPMS shall not be liable for any telephone costs, telecommunications costs or other costs that the user may incur in connection with the same. The user is also responsible for ensuring that all parties accessing the Services through internet connection are aware of these Terms of use, and that they comply with them.

Without limitation, the user undertake not to use or permit anyone else to use the Services:-

(a) in breach of this Terms of use, any applicable laws or regulations

(b) in a manner that:

1. may unreasonably encumber or impose an unreasonable or disproportionately large load on, in our sole discretion, the Service’s infrastructure
2. may interfere or attempt to interfere with the proper working of the Services or any third-party participation in the Services

iii. may bypasses IPMS’s measures that are used to prevent or restrict access to the Services

(c) to collect or harvest any personally identifiable data, including without limitation, names or other User Account information, nor to use the communication systems provided by IPMS for any commercial solicitation purposes

(d) to intercept or attempt to intercept any communications transmitted by way of a telecommunications system

(e) for any fraudulent purpose

(f) other than in conformance with accepted internet practices and practices of any connected networks

(g) in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity

(h) for a purpose other than which IPMS has designed them or intended them to be used.

The following use of the Services are expressly prohibited and the Customer undertake not to do (or to permit anyone else to do) any of the following:-

(a) furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers

(b) attempting to circumvent IPMS’ security or network including accessing data not intended for the user, logging into a server or account that the user not expressly authorised to access, or probing the security of other networks

(c) uploading, emailing, posting, transmitting or otherwise making available any content that the user does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements)

(d) using the Services for the benefit of any third-party or any manner not permitted by the licenses granted herein

(e) opening and/or operating multiple user Accounts in connection with any conduct that violates either the letter or spirit of this Terms of use

(f) manipulating the price of any products or Services;

(g) taking any action that may undermine the feedback or rating system

(h) engaging in any conduct which, in IPMS opinion, restricts or inhibits any other users from properly using or enjoying the Services.

Customer Support

IPMS will provide technical support via email and chat for the Services. Email support and Chat Support is available via website, https://ipms.asia/, [email protected]. You may also contact our landline at 082 576 113. IPMS’s business hours are between 8 AM and 5 PM from every Monday to every Friday. Messages can be left after hours, and will be responded on the following business day.

Suspension and Termination

Termination for Cause

Either party may terminate the Services for cause upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period. The Services may not otherwise be terminated prior to the end of the Initial Subscription Term or Renewal Subscription Term, as the case may be.

Suspension for Non-Payment

IPMS may suspend or terminate the user’s access to all or any part of the Service upon fourteen (14) days’ notice to Customer of non-payment of any amount past due. IPMS may also suspend the user’s access to the Service if the user fails to comply with any of the terms herein contained and/or IPMS has reasonable suspicion that the user has been using all and/or any part of the Services be involved or is going to involve in fraudulent and/or illegal activities. Upon any clearance or settlement of any grounds of suspension, IPMS may deems appropriate and proper make available of the Services and the subscription shall continue in effect as if the Services had not been suspended. Where the suspension is in accordance with this term of use, IPMS shall not be liable to the user for any losses or damages or prospective profits of any nature whatsoever arising out of the abovementioned suspension of the Services.

Termination of suspension of Services

It shall be without prejudice to any other rights or remedies IPMS may be entitled hereunder or at law.

Fees

All fees paid by user to IPMS are non-refundable regardless whatsoever conditions / circumstances. Sixty (60) days after termination or expiration of the Initial Subscription Term or Renewal Subscription Term, as the case may be, IPMS has no obligation to maintain the user Data and may, unless legally prohibited, delete all Customer Data in IPMS systems.

Indemnity

The users unconditionally and irrevocably undertake to fully and effectively indemnify IPMS, our officers, directors, employees, agents, contractors, assigns, servants, affiliate, members of our group of companies and third parties connected to us and keep each of the aforesaid persons indemnified from and against any and all claims, losses (including loss of profit), liabilities, obligations, penalties, fines, costs and expenses (including but not limited to solicitors’ fees on a solicitor and client basis) arising in any way from the use of the Services, and/or such use thereof by any other party using the User Account (whether such use is authorised or unauthorised) or having access to the Services and/or to any electronic or telecommunications device thereof at all times whether with or without the user’s consent or any breach or alleged breach or violation by the user (or the user’s agents or representatives or persons acting under the user) of any part of this Terms & Conditions or any third party rights including but not limited to violation of any copyright, proprietary or privacy rights. This obligation to indemnify shall continue in full force and effect and shall survive the termination of the Services for any reason whatsoever.

General/Notices

These Terms of use shall be governed by and construed in accordance with the laws of Malaysia and the parties herein agree to submit to the jurisdiction of the Courts of Malaysia. No joint venture, partnership, employment, or agency relationship exists between the user and IPMS as a result of using the Services. The failure of either party to enforce any right or provision in this terms and conditions / policy shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. All necessary  payments shall be paid in full, in time to IPMS to avoid the termination of the Services and/or retraction of all services under certain circumstances. Any notice or demand or other document may be sent by IPMS to the user by transmitting the same contact details provided and shall be deemed to have been received by the users immediately. If any provision of this Terms of use shall be held to be illegal, invalid or unenforceable, in whole or in part, the provision shall apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable and gives effect to the commercial intention of the parties. To the extent it is not possible to delete or modify the provision, in whole or in part, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of this Terms of use and the legality, validity and enforceability of the remainder of this Terms of use shall, subject to any deletion or modification made, not be effected. IPMS shall not be liable to the Customer for non-performance or delay in performance of any of IPMS obligations under this Terms of use resulting from any act of god, flood, fire, war, riot, civil commotion, natural catastrophe, strike, act of governmental, change of law, or any supervening event of whatsoever nature beyond our reasonable control.