Marketplace Practices

Updated as at May 28, 2024.

Welcome to im✻PACT Marketplace. 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 Buyer of Digital Products, or Services (the “customer”), the Seller of Digital Products, or Services (the “merchant”), AND the platform operator of im✻PACT (the “Management”).

You may also offer Digital Products, or Services as a Merchant. Please refer to the Marketplace Portal Policies for the rights and obligations that govern that relationship as a Merchant.

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.

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

“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 or are 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.

“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 project templates and checklists.

“Seller Services” refers to services that you can purchase from the Marketplace for self-improvements. This include online training courses and coaching services.

“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

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 Service User account (the “Account”).

2.2.1 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.

2.3 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 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.

2.4 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.

2.5 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.

2.6 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.

2.7 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.

2.8 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.

2.9 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 Listing

4.1 When you decide to purchase a listing, you are required to login via im✻PACT. If you have not login earlier, you will be prompted to do so. If you are not yet an im✻PACT user, then you are required to register before you can make a purchase.

4.2 The onus is on subscriber to review the veracity of the listing before making a purchase. You may contact the Merchant or seller if you require more information about the listing you want to purchase.

4.3 All digital product purchases are considered final at Marketplace.

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

5. Prohibited Practices in Marketplace

5.1 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.

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

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

5.4 Impersonating others or misrepresenting affiliations using the Marketplace.

5.5 Concealing the source of transmitted content by manipulating identifiers.

5.6 Removing proprietary notices from the Marketplace.

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

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

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

5.10 Manipulating listing prices or interfering with other Users’ listings.

5.11 Taking actions that undermine the feedback or ratings systems.

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

5.13 Gathering information about other Subscribers, including personal data.

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

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

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

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

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

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

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

5.21 Violating sanctions or embargoes by using the Services.

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

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

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

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

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

5.27 Share or transfer ownership of the digital product with any subscriber.

6. Reporting of Inappropriate Listing

6.1 If you believe a digital product, or service listing violates any Terms or Service, you can make a report via the listing page supplying the documentary proof for us to investigate.

6.2 While the listing is being investigated, the listing may continue to remain listed unencumbered. Whether a listing remains for sale on the marketplace is at Mykongsi’s discretion.

6.3 In the event the listing is found to be contravening any of the Terms of Service, we shall take the initiative to delist (or “take-down”) such digital products, or services from the marketplace.

6.4 Subscribers may seek refunds from the Merchant for those digital products bought from Merchant that we have subsequently found to have contravened the Terms of Service.

6.5 Subscribers, users and buyers 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. Purchase a Digital Product, or Service in Marketplace

7.1 im✻PACT support multiple payment methods in each of the countries it operates in:

7.1.1 Cards (credit or debit)

7.1.2 Bank Transfer

7.1.3 Digital Wallets

7.2 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.

7.3 You can apply any valid digital vouchers offered by us or the Merchant during checkout to enjoy a discount on the purchase amount.

7.4 im✻PACT takes no responsibility and assumes no liability for any loss or damages to you arising from payment information entered by you in connection with the payment for the listing purchased. We reserve the right to check whether you are duly authorised to use certain payment methods and may suspend the order until such authorisation is confirmed or cancel the order when such confirmation is not available.

7.5 When you purchase a digital product, or service, it will be added to your Inventory once the transaction has reached non-repudiability.

7.6 The terms of use of the digital product, or service is defined by the Merchant. Such terms are available on the product page.

8. Ratings and Reviews of Digital Products, and Services

8.1 You will be invited to rate and give a review for:

8.1.1 The Digital Product within 30 days after your purchase.

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

8.2 Merchants may respond to your review directly.

8.3 The review will be made available to the public immediately.

8.4 You are solely responsible for the content of your review.

8.5 We reserve the right to remove your reviews if in our sole discretion consider them to be contravening the Terms of Service.

9. Cancellation and Refund

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

9.2 All non-repudiable purchases are final.

9.3 Refunds can only be made for Services that have not been fulfilled or consumed.

9.4 For the avoidance of doubt, any products that are considered a digital product shall de deemed consumed when such item has been lodged into the Seller’s inventory of items in the im✻PACT marketplace account.

9.5 In the event you are aggrieved that a Service was not fulfilled, you may request a refund from the Merchant:

9.5.1 You must do so within 7 days of the Merchant sending a notice of completion of the Service. If there are no disputes for non-delivery after the 7 days, the funds are released to the Merchant and can no longer be disputed under this marketplace.

9.5.2 If the refund is approved, it will take a minimum of 30 days to process before the funds are returned in full to you.

9.5.2.1 Refunds will be made to you only in the event your original purchases have completed its original non-repudiability criteria.

9.5.2.2 For the avoidance of doubt, a Service is considered Fulfilled when the Merchant has conducted the event according to its original published specifications. We do not attest to the Service quality or fit for use.

9.5.3 If the disputes are subsequently found to be invalid, the payments will be released to the Merchant account. In this event, the dispute is considered closed.

10. Intellectual Property

10.1 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”).

10.2 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.

10.3 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.

11. Indemnification

11.1 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:

11.1.1 The use or misuse of im✻PACT Marketplace.

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

11.1.3 Violation of any applicable laws or regulations.

11.1.4 Any other acts or omissions by you or the merchants under this marketplace.

12. Governing Law

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

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