Conditions of Use
Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS SITE.
We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER IN ORDER TO PARTICIPATE ON OUR SITE.
- Acceptance of
Agreement. You agree to the terms and conditions outlined in this
Terms and Conditions of use Agreement ("Agreement") with respect to our site
(the "Site"). This Agreement constitutes the entire and only agreement between
us and you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site, the
content, products or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended by us at any time and
from time to time without specific notice to you. The latest Agreement will be
posted on the Site, and you should review this Agreement prior to using the
Site.
- Copyright.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks, registered trademarks and
other proprietary (including but not limited to intellectual property) rights.
The copying, redistribution, use or publication by you of any such matters or
any part of the Site, except as allowed by Section 4, is strictly prohibited.
You do not acquire ownership rights to any content, document or other
materials viewed through the Site. The posting of information or materials on
the Site does not constitute a waiver of any right in such information and
materials.
- Fraud: By
becoming a member, you confirm that the information provided in this form is
true and that you agree to abide by the Terms and Conditions of use of this
site. Please note that your membership can be cancelled without notice if it
is determined that false or misleading information has been provided, the
Terms and Conditions of use have been violated, or other abuses have occurred
as determined by ImpianaSoft Enterprise in its sole discretion.
If membership has been revoked, ImpianaSoft Enterprise reserves
the right to refuse application or readmission to the membership program.
- Limited Right to
Use. The viewing, printing or downloading of any content, graphic,
form or document from the Site grants you only a limited, nonexclusive license
for use solely by you for your own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative works or
other use. No part of any content, form or document may be reproduced in any
form or incorporated into any information retrieval system, electronic or
mechanical, other than for your personal use (but not for resale or
redistribution).
- Editing, Deleting
and Modification. We reserve the right in our sole discretion to edit
or delete any documents, information or other content appearing on the Site,
including this Agreement, without further notice to users of the Site.
- Indemnification.
You agree to indemnify, defend and hold us and our partners, attorneys, staff
and affiliates (collectively, "Affiliated Parties") harmless from any
liability, loss, claim and expense, including reasonable attorney's fees,
related to your violation of this Agreement or use of the Site.
- Nontransferable.
Your right to use the Site is not transferable. Any password or right given to
you to obtain information or documents is not transferable and may only be
used by you.
- Disclaimer.
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT
LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES
HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN
PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE
INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE
SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN
THIS AGREEMENT.
- Limits.
All responsibility or liability for any damages caused by viruses contained
within the electronic file containing the form or document is disclaimed. WE
WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our
maximum liability to you under all circumstances will be equal to the purchase
price you pay for any goods, services or information.
- Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information provided by you in
any manner consistent with our Privacy Policy.
- Third-Party
Services. We allow access to or advertise third-party merchant sites
("Merchants") from which you may purchase or otherwise obtain certain goods or
services. You understand that we do not operate or control the products or
services offered by Merchants. Merchants are responsible for all aspects of
order processing, fulfillment, billing and customer service. We are not a
party to the transactions entered into between you and Merchants. YOU AGREE
THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF
ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE,
FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES
OR ANY OTHER SITE LINKED TO OUR SITE.
- Third-Party
Merchant Policies. All rules, policies (including privacy policies)
and operating procedures of Merchants will apply to you while on such sites.
We are not responsible for information provided by you to Merchants. We and
the Merchants are independent contractors and neither party has authority to
make any representations or commitments on behalf of the other.
- Privacy Policy.
Our Privacy Policy as it may
change from time to time, is a part of this Agreement.
- Payments.
You represent and warrant that if you are purchasing something from us or from
our Merchants that (i) any credit card information you supply is true, correct
and complete, (i) charges incurred by you will be honored by your credit card
company, and (iii) you will pay the charges incurred by you at the posted
prices, including any shipping fees and applicable taxes.
- Securities Laws.
This Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and demand for
our products or services, as well as our intentions, plans and objectives,
that are forward-looking statements. These statements are based upon a number
of assumptions and estimates which are subject to significant uncertainties,
many of which are beyond our control. When used on our Site, words like
"anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends"
and similar expressions are intended to identify forward-looking statements
designed to fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein does not constitute
an offer or a solicitation of an offer for sale of any securities. None of the
information contained herein is intended to be, and shall not be deemed to be,
incorporated into any of our securities-related filings or documents.
- Links to Other Web
Sites. The Site contains links to other Web sites. We are not
responsible for the content, accuracy or opinions express in such Web sites,
and such Web sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does not
imply approval or endorsement of the linked Web site by us. If you decide to
leave our Site and access these third-party sites, you do so at your own risk.
- Submissions.
All suggestions, ideas, notes, concepts and other information you may from
time to time send to us (collectively, "Submissions") shall be deemed and
shall remain our sole property and shall not be subject to any obligation of
confidence on our part. Without limiting the foregoing, we shall be deemed to
own all known and hereafter existing rights of every kind and nature regarding
the Submissions and shall be entitled to unrestricted use of the Submissions
for any purpose, without compensation to the provider of the Submissions.
- Return Policy.
Due to the nature of our online site, and the products listed, we
IMPIANASOFT ENTERPRISE have a strict NO RETURN policy for any product.
No product shall be able to be returned for a like item, or for a cash
refund. Refer to our "Shipping & Return" policy for complete reference
- Venue; Applicable
Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR
PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT
COURT OF MALAYSIA, KUALA LUMPUR OR THE UNITED STATES DISTRICT
COURT FOR THE DISTRICT OF KUALA LUMPUR. YOU ARE EXPRESSLY SUBMITTING AND
CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY
OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT KUALA LUMPUR,
KUALA LUMPUR OR THE DISTRICT OF KUALA LUMPURIS
AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site
is created and controlled by IMPIANASOFT ENTERPRISE, a wholey owned subsidary
in the State of KUALA LUMPUR, MALAYSIA. As such, the laws of KUALA LUMPUR will
govern the terms and conditions contained in this Agreement and elsewhere
throughout the Site, without giving effect to any principles of conflicts of
laws.
- Lapsed Accounts: In order to keep
IMPIANASOFT ENTERPRISE membership roster current, if a Member does
not access his or her account for a period of 60 days or more,
IMPIANASOFT ENTERPRISE may, in its sole discretion, terminate such
Member's account. IMPIANASOFT ENTERPRISE will endeavor to notify
a Member of IMPIANASOFT ENTERPRISE intent to terminate such
Member's account by notice to such Member's provided email address at least 30
days prior to deactivation. If the Member fails to respond to such email
notice with 30 days after the day it is sent by IMPIANASOFT ENTERPRISE,
such Member's account will be terminated as noted above. Therefore,
IMPIANASOFT ENTERPRISE strongly recommends that all Members keep their
accounts and contact data current and in use. While IMPIANASOFT
ENTERPRISE desires to prevent active accounts from being terminated
prematurely, IMPIANASOFT ENTERPRISE has no obligation to
maintain accounts that appear to IMPIANASOFT ENTERPRISE to have
been abandoned. Each Member agrees that failure to access his or her account
for 60 days or more conclusively indicates that such Member's account has been
abandoned and that the account may therefore be terminated.
- Verify Members' Address: IMPIANASOFT ENTERPRISE reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from IMPIANASOFT ENTERPRISE.
