Terms Of Services
These Terms of Service provide that all disputes between you and I’m In will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with I’m In.
These Terms of Service are also a resource for you to have a deeper understanding of how our Products and Services work, including the kinds of data we collect, the way we bill, how we interact with you and other useful details. We encourage you to revisit these Terms of Service when you have a question about the Products and Services or want to know how something works. We hope you enjoy your I’m In experience.
Acceptance of Terms of Service
By using, visiting, or browsing the Products and Services as a user or paid or unpaid member, you accept and agree to be bound by these Terms of Service, available at www.imin.my/terms-of-service. If you do not agree to these Terms of Service, you should not use the Products and Services, including our website and software. Violation of any terms will result in termination of your account. Questions about the Terms of Service may be sent to [email protected].
Any failure of I’m In to enforce or exercise a right provided in these terms is not a waiver of that right.
Changes to Terms of Service
If any provision of this Agreement is declared void or unenforceable by any judicial authority, this shall not nullify the remaining provisions of the Agreement, which shall remain in full force and effect.
Account Terms Overview
You are responsible for using the Products and Services in a private and secure manner. I’m In is not liable for any damage or loss due to unauthorized account access resulting from your actions, such as not logging out of the Products and Services or sharing your account password.
I’m In can refuse registration or cancel an account at its sole discretion at any time.
You may not use the Products and Services for any illegal activity or to violate laws in your jurisdiction.
You may not use the Products and Services to distribute unsolicited email (“spam”) or malicious content such as viruses or worms.
You may not exploit the Products and Services to access unauthorized information.
I’m In reserves the right to modify, suspend, or discontinue the Products and Services for any reason, with or without notice.
Abuse or excessively frequent requests to the I’m In website or other Products and Services may result in the temporary or permanent suspension of your account’s access to the Products and Services. I’m In, at its sole discretion, will determine abuse or excessive usage. I’m In will make a reasonable attempt via email to warn the account owner prior to suspension.
I’m In owns intellectual property rights to any protectable part of the Products and Services, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Products and Services owned by I’m In. For more details, see below the Intellectual Property section of these Terms of Service.
You are responsible for the security of cardholder data you possess or otherwise store, processes, or transmits on behalf of your customer, or to the extent that you could impact the security of your customer’s cardholder data.
User Conduct and Submissions
By accessing the Products and Services, including our website and other user interfaces, you agree to use the Products and Services, including all features and functionalities associated therewith, our website, other user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Products and Services or Content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Products and Services. You also agree not to interfere with the servers or networks connected to any portions of the Products and Services or to violate any of the procedures, policies or regulations of networks connected to the Products and Services. You also agree not to impersonate any other person while using the Products and Services, conduct yourself in a vulgar or offensive manner while using the Products and Services, or use the Products and Services for any unlawful purpose.
By using the Products and Services, you are consenting to receive certain communications from us. For example, I’m In may send you newsletters about new I’m In features, special offers, promotional announcements, and customer surveys via email or other methods.
The member who created the I’m In account and whose Payment Method is charged is referred to here as the “Account Owner”. The Account Owner has access and control over the I’m In account. The Account Owner’s control is exercised through the use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting I’m In Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details associated with their account. BY SHARING THE IMIN.MY ACCOUNT PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT THE PERSONS WITH WHOM IT SHARES THE PASSWORD COMPLY WITH THE TERMS OF SERVICE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF SUCH PERSONS.
Any abuse or threatened abuse of other users of the Products and Services or of I’m In personnel will result in immediate account termination.
Payment and Fees
If you are billed for the Products and Services by one of our partners, its billing terms shall apply. To access any of our Products and Services, you must have access to the Internet and must create an account, either on a free or paid-subscription basis. To use our paid Products and Services, you must have a current valid accepted payment method as indicated during sign-up (“Payment Method”).
A valid credit card or banking account is required for paid subscription Products and Services.
When you subscribe to paid Products and Services, your credit card or banking account will be billed according to current I’m In rates for the selected subscription plan to prepay usage of Product and Services for the current period. Annual plan renewals will be charged on the same day of the following year to prepay usage of Product and Services for the next annual service period.
If you choose to downgrade your subscription by switching to a free subscription plan, I’m In will change your account immediately. No credit will be applied for the unused portion of the service.
If you choose to upgrade or downgrade your subscription from one paid plan (“Old Plan”) to another paid plan (“New Plan”), your service will be switched immediately to the New Plan. The payment for the unused portion of service from your Old Plan will be credited toward the price of the New Plan. Your future billing date will always remain the same. If the Plan change is a downgrade, the credit will be applied to future months and your next fee will be charged when the credit from the Old Plan has been used. If the Plan change is an upgrade, you will be charged the remaining portion for the current billing period immediately, and subsequent years will be charged on your previously existing billing date. Remaining credit from the current billing period will be calculated based on the number of remaining days in the current billing month. Questions about I’m In billing are directed to [email protected] and answered within 24 hours, Monday — Friday.
I’m In does not provide refunds for Products and Services.
Cancellation and Termination
You can cancel your paid subscription to I’m In Products and Services at any time by downgrading to a free plan. There will be no subsequent charges to your credit card or banking account after cancellation.
Features and Functionality
We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate the Products and Services. Any description of how the Products and Services work should not be considered a representation or obligation with respect to how the Products and Services always will work. We are making constant adjustments to the Products and Services and often these Terms of Service do not capture these adjustments completely.
You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your I’m In account. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Where possible, users of public or shared networks should log out at the completion of each visit. If you find that you are a victim of identity theft and it involves an I’m In account, you should notify us at [email protected]. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit a credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the I’m In website and not through a hyperlink in an email or any other electronic communication, even if it looks official. I’m In reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. I’m In is not obligated to credit or discount a membership for holds placed on the account by either a representative of I’m In or by the automated processes of I’m In.
UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, I’M IN MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. I’M IN DOES NOT WARRANT THE RESULTS OF USE OF ANY OF THE PRODUCTS AND SERVICES, AND ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.
Limitation of Liability and Damages.
You shall indemnify I’m In for damages, costs and attorneys fees that I’m In incurs from any third party claim that (i) arise from your modification of the Products and Services or (ii) the use by I’m In of any materials provided to I’m In by you for use in the Products and Services infringe any patent, copyright, trademark, trade secret or other intellectual property right under law. You shall assume the defense of any third party claim with counsel reasonably satisfactory to I’m In. I’m In may employ its own counsel in any such case and shall pay such counsel’s fees and expenses. You shall have the right to settle any claim for which indemnification is available; provided, however, that to the extent that such settlement requires I’m In being indemnified to take or refrain from taking any action or purports to obligate I’m In being indemnified, then you shall not settle such claim without the prior written consent of I’m In, which consent shall not be unreasonably withheld, conditioned or delayed. THE PARTIES DISCLAIM THE IMPLIED WARRANTY OF NON-INFRINGEMENT, RELYING INSTEAD ON THE TERMS OF THIS SECTION.
Additional disclaimers or limitations of liability may be contained in the various third party software, licensing and service agreements you may have agreed to in order to access the Products and Services.
Copyright. The Products and Services, including all content included on our user interfaces, or delivered to members as part of the Products and Services, including, but not limited to, source code, data compilations, and software, are the property of I’m In or its licensors and are protected by Malaysia and international copyright, trade secret or other intellectual property laws and treaties. While the Products and Services include open-source software available for free, the compilation of all content and any software or other materials provided by I’m In, or in connection with the Products and Services are the exclusive property of I’m In and its licensors and are protected by the copyright and trade secret laws in the territories in which the Products and Service operate and by international treaty provisions. Content shall not be reproduced or used without express written permission from I’m In or its licensors. You agree to adhere to the restrictions set forth in these Terms of Service. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible from I’m In, not to insert any code or product into or manipulate the content of the Products and Services in any way, and not to use any data mining, data gathering or extraction method. I’m In reserves the right to terminate your membership hereunder if I’m In, in its sole and absolute discretion, believes that you are in violation of I’m In software restrictions, restrictions against copying the Products and Services provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of I’m In and its licensors. I’m In does not promote, foster or condone the copying of third party products or categories or any other infringing activity. While the use of the Products and Services, including demos of online stores, store products and services, are for your commercial use, such items proprietary to third parties are not. Please see the instructions at the end of these Terms of Service for notifying us of the presence of any allegedly infringing content of the Products and Services, including any on the website, Imin.my.
Trademarks. I’m In is a registered trademark of I’m In. The I’m In logo and Imin.my are trademarks or service marks of I’m In. The Products and Services, including but not limited to their graphics, logos, page headers, button icons, scripts and service names constitute trade dress of I’m In. The trademarks, service marks and trade dress of I’m In may not be used or reproduced without prior written approval from I’m In and may not be used in connection with any product or service that is not affiliated with I’m In, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of I’m In, or in any manner that disparages or discredits I’m In. Other trademarks that appear on the I’m In website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by I’m In. Any images of persons or personalities contained on the I’m In website and user interfaces are not an indication or endorsement of I’m In or any particular product or our service unless otherwise indicated.
Patents. I’m In holds patents pending that apply to the Products and Services and our operations.
Use of Information Submitted
I’m In is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Products and Services, including the I’m In website and user interfaces, without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Products and Services. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note I’m In does not accept unsolicited materials or ideas for use or publication and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to I’m In. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against I’m In and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
From time to time, we test various aspects of our Products and Services, including our website, other user interfaces, service levels, plans, promotions, features, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
Third-Party Apps, Software, Products, Services and Websites
I’m In may from time to time recommend or enable third party apps, software, products, services or website links for your consideration or use. Such apps, software, products, services, and links are provided only as a convenience to you and do not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with I’m In with respect to any third party, any third party’s party apps, software, products, services or websites. These Terms of Service do not apply to such third-party apps, software, products, services or websites and you should review such third party the agreements relating to such third-party apps, software, products, services or websites they may be different than these Terms of Service and it is your sole responsibility to comply with such third party terms. Your use or access to any third party’s apps, software, products, services or websites is at your own risk. I’M IN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD-PARTY APPS, SOFTWARE, PRODUCTS, SERVICES OR WEBSITES AND WILL NOT BE LIABLE FOR YOUR USE OF ANY THIRD PARTY APPS, SOFTWARE, PRODUCTS SERVICES OR WEBSITES.
These Terms of Service shall be governed by and construed in accordance with the laws of Malaysia without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and shall remain in full force and effect.