Marketplace Portal Policy

Updated as at June 20, 2024.

Welcome to im✻PACT Marketplace Portal. im✻PACT is a Freemium software-as-a-service (SaaS) offering to help you be on top of your career, as a business owner, leader, manager, or a contributor.

This document governs the rights, and obligations between the Seller of Digital Products, or Services (the “merchant”) AND the platform operator of im✻PACT (the “Management”).

1. Definitions

“Mykongsi”, “we” or “us” or the “Management” refers to the Mykongsi entity which owns and operates the Product.

“You” refers to the entity you represent in accepting the Terms, if that do not apply to you individually.

“Service” or Product refers to our hosted or cloud-based solutions, including any client software we provide as part of our product.

“Merchant Account” or Seller Account refers to the digital identity that grants you to the services you subscribed to.

“Merchant or Seller” providers of digital products or seller services in the Marketplace.

“Subscriber” or “Customer” refers to the individual, acting alone or on behalf of an organisational entity.

“Workspace” refers to the data environment for subscribers to organise their tasks, share and store files, track progress and collaborate with other members of the workspace, to complete their work effectively. Workspaces can be a company, department, project, or a collaborative common interest group of people.

“Order” refers to im✻PACT’s online order page, flows, or other im✻PACT-approved ordering documents or process that describes the products and services you are ordering from us and as applicable, their permitted scope of use. The order will identify the product, the subscription term or other scope of use parameters and the amount you will be charged, the billing and renewal terms, applicable currency and form of payment. Orders may also include Add-on Services.

“Subscription Term” refers to the permitted subscription period for a product, as set forth in the applicable Order.

“Terms of Service” refers to an Agreement that governs your access to and use of the Software, websites, services, products, applications, amenities and/or facilities of im✻PACT offered by us. These Terms of Service shall apply to all visitors, users and others who access or use the Services.

“Marketplace” refers to an online platform hosted by us where im✻PACT users can purchase Digital Products and Seller Services provided by im✻PACT merchant or sellers.

“Marketplace Portal” refers to an online platform hosted by us where merchants or sellers who wish to sign up or have signed up to manage their digital products or seller services.

“Merchant Subscription” refers to subscription fee paid to us by merchants or sellers who intend to offer their digital products or seller service on Marketplace.

“Inventory” refers to a digital bag which contains all the products purchased by a subscriber.

“Listing” refers to a Digital Product or a Seller Service published in the Marketplace for purchase.

“Digital Product” refers to items that you can purchase from the Marketplace to enhance productivity and efficiency in im✻PACT. These include but not limited to project templates, checklists, risk logs, questionnaires, and competencies.

“Seller Services” refers to services that you can purchase from the Marketplace for self-improvements. This includes but not limited to online training courses and coaching services.

“Shop” refer to the digital space you display your listings.

“Non-repudiability” refers to an internal state where a monetary transaction can be traceable to all intervening parties such that its amount, date, quantities, identities, and product data is no longer disputable by any party.

2. Your Use of the im✻PACT Marketplace Portal

2.1. Age requirements and responsibility of parents and legal guardians. Use of by anyone under 18 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to these Terms and affirm that they accept these Terms on your behalf and bear responsibility for your use. If you are accepting these Terms on behalf of someone else or an entity, you confirm that you have the legal authority to bind that person or entity to these Terms.

2.2. Registration. To access and use the Services, you must register and create a Merchant Account (the “Account”).

2.3. When you set up an Account on the Service, you will be asked to provide certain information about yourself. You agree to provide us with accurate information when you create your account on im✻PACT. We will treat the information you provide as part of registration in accordance with our Privacy Notice. You should take care to maintain the confidentiality of your password.

2.4. Verification of Identity. You hereby authorize us, directly or through third parties, to make any enquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address or account, wireless/cellular telephone number or banking account/financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes. You further understand that we may charge a fee for this verification process.

2.5. Changes to the im✻PACT platform. We are always trying to improve your experience of the Service. We may add, remove or change features without notice to you.

2.6. Feedback. We welcome your feedback and suggestions about how to improve the Service. Your comments or suggestions about improvements to the Services or any other component of our products or services (“Feedback”), provided to us are without any restrictions on our use of it. You also agree that we have no fiduciary or any other obligation to you in connection with any Feedback you submit to us, and that we are free to use your Feedback without any compensation to you.

2.7. Modification of Terms. We reserve the right, at our sole discretion, to make modifications to any portion of the Terms herein in whole or in part from time to time without giving you prior notice. Your use of the Service following any such modification constitutes your acceptance to be bound by the Agreement as modified.

2.8. Lawful Use. You may access and use the Service only in compliance with the Terms and in accordance with the instructions that we provide. You must use the Service in a lawful manner and you must adhere to all applicable laws, rules and regulations applicable to your use of the Service and Your Content (defined below), including but not limited to, copyright laws.

2.9. Rights of Refusal of Service. We may suspend or stop providing the Services to you if you do not comply with the Terms and if your actions constitute in any way unauthorised, fraudulent, or illegal purpose.

2.10. Data Charges. You agree that you are responsible for all data charges you incur through the use of the Services.

3. Privacy Policy

3.1. Our privacy practices are set forth in our Privacy Notice. By using the im✻PACT platform, you accept our Privacy Notice, regardless of whether you are a registered user.

4. Marketplace Portal Subscription

4.1. A Merchant lists digital products and services on the Marketplace for download.

4.1.1. A Merchant is one of an Individual, or an organisation.

4.1.2. A Merchant shall register as a Free Merchant Account or a Paid Merchant Account. For the purpose of this document, this Merchant Account shall also be known as a digital store-front or a “Shop.”

4.1.3. A Merchant can request to upgrade from a Free Merchant Account to a Paid Merchant account, subject to the registration procedures in this document.

4.1.4. A Merchant can operate one or more Shops on the Marketplace where:

4.1.4.1. A Free Merchant Account can operate only one (1) shop where any products or services listed therein shall be free of charge to downloaders. Additional, this one (1) shop can offer up to 10 listings (inclusive of versions of the same item) only.

4.1.4.2. A Paid Merchant Account can operate any number of shops where the Merchant, at its discretion, offer unlimited products or services therein to be downloaded at a fee or free-of-charge.

4.2. Sign up New Merchant Account

4.2.1. As part of the Sign-up procedure, a Merchant shall be required to provide the following information or other data as required to comply with the respective judicial jurisdictions from time to time.

• • • • First and last name; or name of business entity
      • Identification number (NRIC); or Business registration number
      • Registered address
      • Mailing address
      • Contact number
      • Email address
      • Password
      • Bank account information (only for Paid Merchant Accounts)

4.2.2. Period of Subscription

4.2.2.1. Free Merchant Accounts shall not require renewal.

4.2.2.2. Paid Merchant Accounts shall be signed up for an initial 1 year term with the option for annual auto-renewal on the anniversary date.

4.3. By submitting the merchant account registration, the merchant agrees to grant us permission to perform a KYC (Know-Your-Customer) check, as part of our due diligence process.

4.3.1. A Merchant or seller who wish to operate only a Free Merchant Account need not go through due diligence assessment.

4.4. You may be refused a merchant subscription account for a number of reasons, but not limited to the following:

4.4.1. The results from the KYC did not conform to our minimal acceptable level of risk.

4.4.2. Your past patterns of business relationships with us either as a Subscriber or a Merchant that have been deemed unacceptable by us.

4.5. We reserve the right to refuse a merchant subscription request for initial sign-up or renewals for any reason we deem fit. We further do not have the obligations to provide you with any reason thereof.

4.6. Merchants who are signed up with any of the paid merchant subscription plans are given the capability to offer digital products, or services with prices. Conversely, merchants who are signed up to a free merchant subscription plan can only offer digital products, or services that have no costs to the Customer.

4.7. Successful applicants will receive a confirmation in their email account to become Merchants.

4.8. Merchants can invite other team members to join their merchant group, to assist with the merchant operations.

4.9. Onboarding Instructions

4.9.1. We will deliver the onboarding instructions to the merchant’s account once payment is received.

4.9.2. Merchants are responsible for accessing their accounts to confirm that we have received payment and that their order is being processed.

4.9.3. All deliveries shall be conducted electronically.

4.10. Subscription Renewals

4.10.1. We will notify the merchant via email for renewal 3 months before the subscription expires.

4.10.2. During this period, the merchant can opt to cancel the subscription.

4.10.3. If the merchant cancels the subscription, the renewal request will be cancelled.

4.10.4. If there’s no action from the merchant, we will automatically renew the merchant’s subscription for another year.

4.10.5. If the merchant failed to pay after grace period (7 days) upon expiration, we will remove all paid listings and downgrade the Merchant account to basic plan.

4.10.6. The Merchant will be subject to KYC process when they want to resume the renewal of subscription.

4.11. Cancel Subscription

4.11.1. Merchants can give notice that their paid merchant accounts are to be closed via Marketplace Portal platform.

4.11.1.1. The paid merchant account is then closed at the end of the subscription period.

4.11.1.2. No refunds are provided for closure of Merchant accounts.

4.11.2. Upon subscription cancellation, the merchant can still use the system until the subscription expires.

4.11.3. When the subscription expires, the merchant will not be able to list any paid products/services on the marketplace.

4.11.4. All existing paid listings will be removed from the marketplace.

4.11.5. All existing orders which are yet to be completed will be automatically cancelled.

4.11.6. All sales made but not yet paid out to the merchant will be paid to the merchant in the next settlement cycle.

4.11.7. For the avoidance of doubt, any obligations for restitution of payments or transaction fees and charges incurred thereof for terms of use violations, shall survive the termination of your account.

5. Marketplace Common Practices

5.1. All digital products, or services are listed on the im✻PACT Marketplace for public perusal.

5.2. Details and description about a listing is provided by the im✻PACT Merchant or Seller.

5.3. Only registered im✻PACT users are allowed to purchase a digital product, or service from the marketplace.

5.4. Users may contact the Merchant or seller if they require more information about the listing .

5.5. All purchases are considered final at Marketplace.

5.6. Payment shall be made in the currency specified by the Merchant.

6. Prohibited Practices in Marketplace

6.1. Uploading, posting, transmitting, or providing any Content that is illegal, harmful, threatening, abusive, harassing, alarming, distressing, tortious, defamatory, explicit, indecent, libellous, invasive of privacy, hateful, or objectionable based on race, ethnicity, or other criteria.

6.2. Violating any laws, including export and import regulations, third-party rights, or our Prohibited and Restricted Items Policy.

6.3. Sharing content featuring a minor without supervision or using our Services to harm minors.

6.4. Impersonating others or misrepresenting affiliations using the Marketplace.

6.5. Concealing the source of transmitted content by manipulating identifiers.

6.6. Removing proprietary notices from the Marketplace.

6.7. Modifying, creating derivative works from, or translating the Marketplace.

6.8. Engaging in fraudulent, unconscionable, false, misleading, or deceptive actions on the Marketplace.

6.9. Opening or operating multiple subscriptions in ways that violate these Terms of Service.

6.10. Manipulating listing prices or interfering with other Sellers’ listings.

6.11. Taking actions that undermine the feedback or ratings systems.

6.12. Attempting to decompile, reverse engineer, disassemble, hack the Marketplace or its components, or bypass encryption or security measures.

6.13. Gathering information about other Subscribers, including personal data.

6.14. Providing information you’re not authorized to share under the law or contractual agreements.

6.15. Sharing information that infringes on patents, trademarks, copyrights, or other proprietary rights.

6.16. Distributing unsolicited or unauthorized advertisements, “junk mail,” “spam”, or similar solicitations.

6.17. Sharing material containing software threats like viruses or worms that interfere with computer systems.

6.18. Disrupting im✻PACT servers or networks, or violating network regulations

6.19. Damaging, disabling, or overburdening the Services or related infrastructure.

6.20. Using the Services to violate local, state, national, or international laws, including anti-money laundering and counter-terrorism laws.

6.21. Violating sanctions or embargoes by using the Services.

6.22. Invading others’ privacy, harassing, or “stalking” using the Services.

6.23. Infringing im✻PACT’s rights, including intellectual property rights.

6.24. Collecting or storing personal data about other Subscribers in connection with prohibited activities.

6.25. Listing items that violate the intellectual property rights of third parties or using the Services in an infringing manner.

6.26. Directing or encouraging other Subscribers to conduct transactions outside the Marketplace.

7. Reporting of Inappropriate Listing

7.1. Unless expressly stated, merchant or seller are not associated with im✻PACT in any way and im✻PACT is neither the agent nor representative of the merchant or seller and does not hold any/or own any of the digital products and seller services listed in the Marketplace.

7.2. Anyone who believe a listing that is violating the Terms of Service, they submit a report (“flag a listing”) via the listing page. We shall commence an investigation (the “investigation period”) of the purported violation in consultation with you:

7.2.1. If we deemed the listing is violating our Terms of Service, merchants or sellers of the flagged listing are required to respond to complaints within 7 days. The merchant has the options to do the following:

7.2.1.1. Modify the listing and remove the offending material, or

7.2.1.2. Remove the listing in its entirety

7.2.2. If the merchant fails to respond within 7 days or did not modify the listing to the satisfaction of Mykongsi, we will proceed to remove the listing from the marketplace without prejudice.

7.2.3. We reserve the right to include or not to include text or descriptions to your listing during the investigation period to indicate that such listing is under investigation for violations of the Terms of Service.

7.2.4. Further, during this investigation period, we reserve the right whether to continue accepting paid orders for this digital product or service, or for all your listed products, or services in the marketplace.

7.3. You further allow im✻PACT management to cancel any orders for the offending listing, and return such payments as necessary to the Subscribers from any balance of monies in your account with us. You further agree to restore to completeness any balance that may still be owing to the affected Subscribers.

7.4. You agree to hold im✻PACT, the company who hosted the service, its shareholders, Directors and employees harmless from all claims, causes of action, damages and judgments arising out of any removal of any product and services pursuant to or in relation to any complaints.

7.5. All communications between us and the merchants will take place via email.

7.6. Merchants and sellers who violated our Terms of Service may face their listing being removed or merchant account being suspended.

7.7. For the period of suspension from the Marketplace, the Merchant Account shall still be considered as Active and shall not be subject to refund computations.

8. Offering a Listing in Marketplace

8.1. im✻PACT support multiple payment methods in each of the countries it operates in. For example:

8.1.1. Cards (credit or debit)

8.1.2. Bank Transfer

8.1.3. Digital Wallets

8.2. All payment methods are processed through third-party payment channels and the type of payment methods may vary depending on the jurisdiction you are in.

8.3. As a Merchant or Seller, you may offer discounts on listing to boost sales. Buyers will apply them during checkout to enjoy a lower purchase price.

8.4. im✻PACT takes no responsibility and assumes no liability for any loss or damages to you arising from incomplete transactions out of the listing purchased. We reserve the right to check whether the transaction or payment has gone through and may suspend the order until such authorisation is confirmed or cancel the order when such confirmation is not available.

8.5. You have the option to offer upgrades of your digital products, or services at no charge.

9. Portal Listing Practices

9.1. Maintain and listing Digital Products and Seller Services

9.1.1. Merchants can maintain a list of Digital Products and/or Seller Services in the marketplace portal.

9.2. A Digital Product can be:

• • Project template; or
  • Risk management template; or
  • Competency template; or
  • Checklist template; or
  • Best Practises; or
  • Questionnaire

9.3. A Seller Service can be:

• • Training program (online or offline)
  • Dedicated 1-on-1 coaching course, or
  • Instructor-led workshops
  • Consultancy work

9.4. You can curate individual listings, provide full description, categorize them and specify the price of the listing accordingly.

9.5. You can continuously update their listing, including revising the listing price.

9.6. You can offer promotions (discounts) to their listings at any time to boost sales.

9.6.1. Discounts are deducted from the listing price and thus, will reduce the net amount received by the merchant.

9.7. You can specify the markets (country) in which a template or service is available. Under some circumstances, due to Apple App Store restrictions, prices of certain digital products may have to follow a set of predefined prices to aid in currency conversations in the respective countries.

9.8. Provided that the listing does not have an outstanding report for violation of the terms of use, you can de-list your Digital Products and Seller Services at any time.

10. Cancellation and Refund

10.1. An order will be automatically cancelled when we are unable to process the payment to our satisfaction that it is non-repudiable.

10.2. All purchases are final.

10.3. Due to its nature, Digital Product purchases are not refundable.

10.4. In the event you are unable to fulfil the obligations of a Service that was purchased by a Subscriber, you agree that we can offer refunds on your behalf to the aggrieved Subscriber:

10.4.1. You shall not make any commitments to the customer as to the timeframe of refunds in such cases.

10.4.2. It will take a minimum of 30 days to process before the funds are returned to the Subscriber’s account.

10.4.3. You agree to bear all related transaction fees for the refunds made on your behalf.

10.4.4. We reserve the right to charge a fee for refund processing.

10.4.5. See SCHEDULE 1 of this Policy for the applicable charges.

10.4.6. Refunds will be made only for purchases that have completed its non-repudiability criteria.

10.5. We reserve the right to debit merchant’s bank account should there be insufficient credit held with us to cover the transaction fee and any other charges incurred during the refund process.

10.6. When you have fully delivered a Service, you shall:

10.6.1. Use the marketplace function to denote the Service as fully delivered (the “notification of completion.”)

10.6.2. If in 7 days from the date of the notification of completion, there are no disputes for non-delivery from any of the customers of the said Service, the amount due to you for this Service shall be released to your account.

10.6.3. If there are one or more disputes for non-delivery from the Customers of the said Service, the amounts associated with those disputing Customers are withheld, and an investigation is initiated outside of the system. Upon final resolution of this dispute, the money may be returned or refunded as needed.

10.6.4. In the event of non-delivery of Services already purchased, you agree to pay the transaction fees and charges related to the refunds.

11. Sales and Settlement

11.1. When a merchant successfully completes a sale, the payment received from the transaction are initially credited into our account for processing.

11.2. Transaction fees imposed from the payment gateway provider will be deducted from the payment received. Please refer to SCHEDULE 1 for the Payment Gateway Fee Guidelines.

11.3. We deduct a commission fee to cover platform charges and the applicable taxes from the total sales amount. Please refer to SCHEDULE 1 for the Platform Fee and Commission.

11.4. Merchant will receive the net proceed of sale after deduction of both transaction and commission fees.

11.5. A monthly statement of transactions and settlements is issued to Merchants with open balances where it will list:

11.5.1. The balance owing to you or from you, brought forward from the previous month.

11.5.2. The current gross sales for the statement period.

11.5.3. The current fees & commissions charged for the statement period.

11.5.4. The total gross sales amount settled with the payment processor.

11.5.5. The total gross sales amount not yet settled with the payment processor.

11.5.6. The total payments made to you during the statement period.

11.5.7. The total payments received from you during the statement period.

11.5.8. The itemised list of products or services sold for the statement period.

11.5.9. The net payable amount due to/from you for the statement period.

11.6. Payouts or settlement to the merchant’s designated bank account are scheduled either on the 15th or the end of each calendar month.

11.7. This is subject to individual purchase payment being credited to us by the respective Payment processors.

11.8. Any unpaid transaction fee and refund charges will be contra-off with the proceeds. Net proceeds if any will be settled to merchant’s bank account.

11.9. We will issue an e-advice upon every successful payout to our Merchant or sellers. All subscription based Merchants or sellers will receive a monthly statement from us on all sales activities, charges and payment transactions take place during the month. These statements will be available for preview on Merchant portal.

12. Ratings and Reviews of Digital Products and Services

12.1. Buyers will be invited to rate and give a review for:

12.1.1. The Digital Products within 30 days after your purchase.

12.1.2. The Seller Services within 30 days after your purchase is used/consumed.

12.2. Merchants may respond to the review directly.

12.3. You are solely responsible for the respond and the content you wrote.

12.4. The review and respond will be made available to the public immediately.

13. Intellectual Property

13.1. We assert and retain all rights to the intellectual property associated with the Service. This includes, but is not limited to, trademarks, trade names, logos, service marks, copyrights, patents, trade secrets, and any other proprietary rights (collectively referred to as “Intellectual Property”).

13.2. By accessing or using the service, you acknowledge and agree that all Intellectual Property associated with the service is the exclusive property of ours. You shall not acquire any right, title, or interest in or to the Intellectual Property, except for the limited right to access and use the service in accordance with the terms and conditions set forth.

13.3. Any unauthorized use, reproduction, distribution, or modification of the Intellectual Property without the express written consent from us is strictly prohibited and may result in legal action. We reserves the right to enforce its Intellectual Property rights to the fullest extent permitted by law.

14. Indemnification

14.1. You agree to indemnify, defend, and hold harmless the platform operator, its officers, directors, employees, agents, and other representatives (collectively referred to as the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with any third-party claim related to but not limited to:

14.1.1. The use or misuse of im✻PACT Marketplace.

14.1.2. Any digital products or services offered, sold, or otherwise made available on the im✻PACT Marketplace.

14.1.3. Violation of any applicable laws or regulations.

14.1.4. Any other acts or omissions by you.

14.2. In the event that im✻PACT operator seek indemnification hereunder, it shall promptly notify you in writing of the claim, and you shall have the right to assume the defense thereof with lawyer of its own choosing. im✻PACT operator shall cooperate with you in all reasonable respects in connection with the defense of any such claim.

15. Governing Law

15.1. These practices instituted in im✻PACT Marketplace shall be governed by and construed in accordance with the laws of Malaysia.

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