Terms of Service
Updated as at 22th, August, 2023.
Welcome to im✻PACT. im✻PACT (the “Service”) is a platform to enhance your performance with the right measurement tools, empowering people to do Better Every Day!
These terms of service (“Terms”) are an agreement between you and Soft-Skills Sdn Bhd (“the Company”), Company No. 200101017275(553032-V). These terms govern your use of the products and services we offer. By using im✻PACT, you consent to these Terms:
Your access to and use of im✻PACT is also subject to our policies, including our related Terms of Services in the respective marketplace portals and applications, Privacy Notice and Subscription Policy.
- Your Use of the im✻PACT Platform
1.1 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.
1.2 Registration. To access and use the Services, you must register and create a Service User account (the “Account”).
When you set up an Account on the Service, you will be asked to provide certain information about yourself. You agree to provide us accurate information when you create your account on Quora. We will treat information you provide as part of registration in accordance with our Privacy Notice. You should take care in maintaining the confidentiality of your password.
1.3 Verification of Identity. You hereby authorize us, directly or through third parties, to make any inquiries 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.
1.4 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.
1.5 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.
1.6 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.
1.7 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.
1.8 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 to be unauthorised, fraudulent, or illegal purpose.
1.9 Data Charges. You agree that you are responsible for all data charges you incur through use of the Services.
3. Your Content
3.1 Your Content. The Service enables you to add text, photos, videos, links, and other files and information to share with your group of users of the Service. All material that you upload, publish, display, or transmit to these users via the Service will be referred to collectively as “Your Content.” You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted below.
3.2 License and Permission to Use Your Content. You acknowledge and agree that the Company may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of The Company, its users, or the public.
You understand that we may compute and collect aggregated measurement and performance data from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media.
In some cases, it is necessary for our employees, contractors, or agents to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing us to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests may be honored to the extent possible.
We also may remove or refuse to publish Your Content, in whole or part, at any time.
You further give us the permission and authority to act as your non-exclusive agent to take enforcement action against any unauthorized use by third parties of any of Your Content outside of the Service or in violation of our Terms of Service.
• Your Responsibilities for Your Content. By posting Your Content on the Service, you represent and warrant to us that: (1) you have the ownership rights, or you have obtained all necessary licenses or permissions to use Your Content and grant us the rights to use Your Content as provided for under these Terms, (2) that posting Your Content violates no intellectual property or personal right of others or any other applicable law or regulation, including any laws or regulations requiring disclosure that you have been compensated for Your Content, and (3) that Your Content shall not be libellous or otherwise unlawful, threatening, abusive or obscene material, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
3.3 Responsibility for Intellectual Property. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate any other published policy by the Company, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.
3.4 Location of Your Content. In connection with providing, you the Services, we may transfer, store and process Your Content in any other country in which we or our agents maintain facilities. By using the Services, you consent to this transfer, processing and storage of Your Content.
3.5 Backup of Your Content. You agree and acknowledge that there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, for unscheduled downtime, for system and server failures, or due to failure of telecommunications links and/or equipment under the responsibilities of third-party providers. The Company shall not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
4. Our Content and Materials
4.1 Our Content and Materials. All intellectual property in or related to im✻PACT and the im✻PACT platform (specifically including, but not limited to our software, the im✻PACT marks, the im✻PACT logo, but excluding Your Content) is the property of the Company, or its subsidiaries and affiliates, or content posted by im✻PACT users and others that has been licensed to us (collectively “Our Content and Materials”).
4.3 Our License to You. We grant you a non-exclusive and non-transferable licence to electronically access and use the Service only in the manner described in this Agreement.
4.4 Restricted Uses. You represent and warrant that you will not:
• Access, search or collect data from the im✻PACT platform (through automated or other means, including artificial intelligence or machine learning) (1) to create derivative works of Our Content and Materials; (2) to train or develop any AI, large language models or machine learning algorithms on Our Content or Materials; (3) to create any service competitive to the Service; or (4) for other commercial purposes except as expressly permitted by these Terms of Service or the written consent of the Company.
• Copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Our Content and Materials, the Services or any related software, except as expressly stated in these Terms.
• Change, modify, adapt, or alter the Services or create derivative works based on the Services or change, modify, or alter another website so as to falsely imply that it is associated with the Services or with the Company.
• Reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying ideas of the Services or attempt and/or assist anyone else to do so.
• Access our private Application Programming Interface (‘API’) by means other than those expressly permitted by us.
• Interfere or disrupt the Services, servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature. You may not inject content, code or otherwise alter or interfere with the way any our page is rendered or displayed in a user’s browser or device.
• Remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or content. You acknowledge that the Services and content are protected by international copyright, trademark, and other laws.
4.5 Third-party Content. Please note that the Service may access to third-party content, products and services. Participation or availability on the im✻PACT platform does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Service by anyone.
4.6 Ownership. You acknowledge and agree that Our Content and Materials remain the property of im✻PACT’s users or the Company or their respective copyright holders. The content, information and services made available on the im✻PACT platform are protected by copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.
5. Other im✻PACT Offerings
5.1 Services by Third-Parties. Certain features or services may require that you enter into a separate and supplemental agreement with third-party providers prior to use.
5.2 Services that are Subscriptions-based. Certain features or services offered by the Company may be subject to limited trial by time or entitlement counts require you to procure add-ons on a one-time or recurring fee basis for continued use. Rules pertaining to these subscriptions-based offerings can are set forth in our Subscription Policy.
5.3 Refund Practices. Fees are non-refundable except as required by law or in the event that you cancel the Services.
5.4 Mode of Payment. You will pay all applicable fees and taxes when due and, if such fees are being paid via credit card or other electronic means, you authorize us to charge such fees using your selected payment method.
By default, customer accounts are set to auto-renew and we may automatically charge you for such renewal on or after the renewal date associated with your account unless you have cancelled the Services prior to its renewal date.
5.5 Notice of Fee Revision. We may revise fee rates for the Services from time to time and will provide you with email notice of any changes in fees at least thirty (30) days prior to your Services renewal date. You are responsible for providing complete and accurate billing information to the Company. We may suspend or terminate your use of the Services if fees become past due.
6.1 Effective Date. The Agreement is effective upon the date you first access or use the Services and it will continue to apply to you until terminated by either you or us.
6.2 Cause. We may terminate the Agreement or suspend or cease providing you with all or part of access to and use of the Services without liability at any time for any reason, including, but not limited to if we reasonably believe:
• your actual or suspected unauthorised or prohibited use of the Services.
• you have violated the terms of this Agreement and/or failure to comply with the provisions of the Services.
• any requirement by law or a regulatory or government body.
• you create risk or possible legal exposure for the Company.
• protecting our network or our other users.
6.3 Injunctive Relief. Nothing under this Section shall be deemed as preventing us from seeking injunctive or other equitable relief from the courts as necessary to protect any of our proprietary interests. Except as otherwise provided in these Terms of Service, all remedies are cumulative and in addition to (not in lieu of) any other remedies available is to at law or equity.
6.4 Effects of Termination. It is agreed that the perpetual licence granted by you in relation to Your Content is irrevocable and will therefore continue after expiry or termination of the Agreement for any reason.
You further agree that:
• Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
• If you or the Company terminate the Agreement, or if we suspend your access to the Services, you agree that we shall have no liability or responsibility to you and we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
• Clauses of the Agreement, either explicitly or by their nature, must remain in effect even after termination of the Agreements.
• Your access to the Service shall immediately terminate.
• You shall continue to comply with all of the obligations on your part under this Agreement which are not affected by termination.
• We reserve the right to permanently dispose and delete any data held in the Services without further reference to you.
• Any claim which either party may have against the other in respect of any breach or non-performance or repudiation of any of the provisions of this Agreement which shall have occurred prior to such termination shall not be affected or prejudiced.
7.1 Release. If you have a dispute with one or more users, you hereby agree to relieve us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
7.2 Indemnified Persons. You agree to indemnify, defend and hold us, our agents, affiliates, shareholders, subsidiaries, directors, officers, employees, and applicable third parties (e.g. syndication partners, licensors, licensees, consultants and contractors) (collectively “Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from:
• Your breach of any provision of this Agreement.
• Your use of the Services.
• Negligent or wilful misconduct of your employees, contractors, or agents; or
• Contractual or other relationships between you and your customers.
7.3 Notice of Claim. In the event of such a Claim, we will attempt to provide notice of the Claim to the contact information we have for your Account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
8. Warranties, Disclaimers and Limitation of Liability
Please read this Section carefully.
8.1 As-is. The Services are provided “as is”, and to the fullest extent permitted by law, neither the Company, its agents, affiliates, licensors, nor suppliers, make any warranty of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular use, and non-infringement. the Company makes no representations about any content or information in, or from, a Service user account.
8.2 Licensed Professional Contributors. Some users who post content are members of legal, medical, investment and other licensed professions (collectively, “Professional Contributors”). Content posted by Professional Contributors should not be relied on as a substitute for advice from a professional that is appropriate for your specific situation. It is the responsibility of Professional Contributors to determine and provide disclaimers appropriate for their profession and the content provided.
8.3 Suitability for Use. the Company disclaim any and all warranties not expressly stated in the Agreement to the maximum extent permitted by law, including the implied warranties relating to satisfactory quality and fitness for a particular purpose. You are solely responsible for the suitability of the services chosen. We do not warrant that the Services will meet your requirements or that the operation of the Services will be uninterrupted, error-free or completely secure. Further, we do not warrant that all errors in the Services can or will be corrected.
8.4 Risks of the Internet. You acknowledge that there are risks inherent in the connectivity involving the Internet that could result in the loss of your privacy and Your Content.
8.5 Limitation of Liability. You expressly agree that we, our directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors will not be liable for any loss of profits, data or costs of procurement of substitute goods or services, or for any other indirect, special, incidental, punitive, exemplary, consequential damages arising out of or in connection with this Agreement or other intangible losses, however caused, and under whatever cause of action or theory of liability brought, even if we have been advised of the possibility of such damages, resulting from:
• your access to or use of or inability to access or use the Services.
• any conduct or Content of any third party on this Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties.
• any Content obtained from this Services, and
• unauthorised access, use or alteration of your transmissions or Your Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
8.6 You agree that in the event you incur any damages, losses, or injuries that arise out of our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product, or other content owned or controlled by the Company, and you have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition, or exploitation of any web site, property, product, service, or other content owned or controlled by the Company.
8.7 If you are dissatisfied with any aspect of the Services, or with any of the Terms of Service, your sole and exclusive remedy is to discontinue your access and/or use of the Services.
8.8 You must take your own precautions to ensure that the process that you employ for accessing the Services and our service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of the Services or any linked website.
8.10 Responsibility to Maintain Confidentiality of Your Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on our part, and we will not be liable for any use or disclosure of any Content you provide.
8.11 Refunds and Termination of Offerings. We reserve the right to stop offering and/or supporting the Services or a particular part of the Services at any time either permanently or temporarily. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Services.
9. General Terms
9.1 Entire Agreement and Severability. These Terms of Service will constitute the entire agreement between the Company and you with respect to the subject matter contemplated herein, and supersede all oral statements and prior writings with respect to the subject matter contemplated herein.
If any provision of these Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that these Terms of service shall otherwise remain in effect. No waiver shall be implied from conduct or failure to enforce or exercise rights under these TERMS OF SERVICE. Nor will any waiver be effective unless in writing signed by a duly authorized representative on behalf of the party claiming to have waived.
This Agreement represents the complete and exclusive understanding relating to the Agreement’s subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the subject matter covered by this Agreement.
9.2 Notices. We may provide notifications electronically, whether these are required by law or are for marketing or other business-related purposes, to you via email, or through posting of such notice on our website, as determined by us in our sole discretion.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
9.3 Survival. All Clauses of the Agreement which by their nature should survive termination of any agreement between you and us, will survive termination, including, without limitation, restrictions, accrued rights to payment, confidentiality obligations, intellectual property rights, warranty disclaimers, and limitations of liability.
9.4 Assignment. The Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you without our written permission, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.
9.5 Data Protection. The Company and user agree to comply with our respective obligations under the Malaysian Data Protection Act 2010 (the “Act”) as applicable to personal data that it controls or processes as part of, or in connection with, its use or provision of the Services.
Specifically, but without limitation, you must comply with the Act as it relates to personal data that you store or transfer using your system.
9.6 Force Majeure. Neither we nor you will be in breach of the Agreement if the failure to perform the obligation is caused by a condition that was beyond the party’s reasonable control, such as, natural disaster or significant Internet disturbance, or other events of a type for which precautions are not generally taken in the industry.
9.7 Relationship. Nothing in this Agreement serves to establish a partnership, joint venture, or other agency relationship between you and us. The relationship between the parties is that of independent contractors.
9.8 Governing Law. The Agreement will be governed and construed in accordance with the substantive laws of Malaysia as applied to agreements entered into and to be performed entirely within Malaysia, without regard to its conflicts of law principles that would require application of law of a different jurisdiction.
9.9 Dispute Resolution. This Agreement is governed by the laws of Malaysia and parties agree that any dispute or claim between you and us will be adjudicated in the courts in Malaysia. Any claim against us arising from the Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.
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