Upon effective subscription of our services, you are hereby agreed to the following terms, conditions, policies, guidelines or amendments made thereto (hereinafter referred to as the Terms of Service). Zenpipe reserves the right to modify, amend and alter the Terms of Service without prior notice.
1. Use of Services
You may use any of our services, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Malaysia or other jurisdictions. In order to access our services, you are required to provide accurate information requested at the time of registration process. You are solely responsible for the confidentiality of your account information and all activities that occur under your account including its contents. Should you discovered any unauthorized use of your account or any other breach of security, you shall immediately notify Zenpipe for timely resolution and rectification, failing which Zencoulds will not be liable for any loss of damage arising from such unauthorized or breach events.
2. Acceptable Conduct
Zenpipe reserves the right, but does not assume the responsibility, to monitor or review any Content on Zenpipe services. You agree that you are responsible for the conduct of all users of your account and any Content that is created, transmitted, stored, or displayed by, from, or within your account while using Zenpipe services and for any consequences thereof. You agree to use Zenpipe services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Zenpipe services or servers or networks connected to Zenpipe services.
3. Prohibited Usage
The following activities are considered prohibited usage and should you commit any of them, your account may be subject to immediate suspension or cancellation without a refund. Zenpipe also shall have the right to impose penalty as it deem fits and/or pursue legal remedies without prior notice.
- Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycle, disk IO or storage space.
- Unsolicited Communications through unsolicited bulk email (UBE), junk email and spam utilizing our network. Spam, junk email and UBE are defined as the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Zenpipe whether or not the message actually originated from our network.
- Access to other computers, networks and/or account, not belonging to party seeking access, without authorization. Any act which interferes with the services of another user or network and those relating to the circumvention of security measures.
- Transmit, distribute or store any information, data, material that are in violation of the Malaysian laws and regulations. This includes, but not limited to, materials protected by copyright, trademark, trade secret, or other intellectual property rights. Zenpipe services shall not be used to facilitate infringement of these laws in any way whatsoever.
- Engage in illegal or harmful activities to the operations of Zenpipe or its customers.
- Provide false data or misrepresentation on any contract or application including fraudulent use of credit card numbers.
4. Termination and Suspension
Zenpipe may terminate or suspend your access to Zenpipe services at any time for any reason whatsoever without giving prior notice. Upon termination or suspension, you shall not be able to use the service including accessing to data that you stored on the service. Therefore, you are responsible for backing-up your data that you use with the service. Should termination occurred, we will refund to you on pro-rated basis the amount paid for the remaining right after the termination.
However, you shall not be entitled for refund if the termination is initiated by you and any request for refund shall not be entertained. Upon termination, your access to your data stored on the service will be ceased immediately and therefore you are responsible for backing-up your data that you use with the service. Termination of service by you does not waive or alter your obligations to pay all charges due to Zenpipe at the time of termination.
5. Invoicing and Payment
You agree that Zenpipe shall be permitted to charge your credit card in advance on a monthly, quarterly, annually or any other agreed invoicing cycle for providing its services which may include your subscription fee, any applicable sales taxes or any other charges you may incur in connection with your use of Zenpipe services. Your subscription fee will be invoiced in full on the first day of your paid subscription and thereafter on selected invoicing cycle, unless and until you cancel your subscription. Payment is due upon invoicing and services may be interrupted should you fail to make payment after 7 days from the date of the invoice.
Zenpipe is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Zenpipe. Currency exchange settlements will be based on agreements between you and the provider of your credit card or your payment platform provider. In addition, we do not give pro-rated refunds for unused time if cancellation is initiated during the middle of an invoicing cycle. We reserve the right to change our fees and any changes will be notified to you in advance.
All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. The costs of any returns if permitted will be at your expense, unless otherwise provided by applicable law.
6. Limitation of Liability
You acknowledge that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Zenpipe and that damages resulting from any interruption of service are difficult to ascertain. Therefore, you agree that Zenpipe shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Zenpipe. You further acknowledge that Zenpipe's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by you for services during the period damages occurred. In no circumstances Zenpipe shall be liable for any special or consequential damages, loss or injury and any damages your business may suffer. Zenpipe does not warrant any of our services and denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Zenpipe.
You also expressly understand and agree that Zenpipe shall not be liable to you for any indirect, incidental, special, consequential or exemplary damages including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use or the inability to use Zenpipe services, unauthorized access to or alteration of your transmission or data or any other matter relating to Zenpipe services. You agree that your use of Zenpipe shall be at your own risk. All services provided by Zenpipe are available as os, without warranty.
7. Warranty Disclaimer
You agree that your use of Zenpipe shall be at your own risk. All services provided by Zenpipe are available as os, without warranty.
8. Disclosure of Information
You agree that should Zenpipe discovered you have undertaken any illegal activities, it may disclose all or part thereof your information including assigned IP numbers, account history, account usage or any other information to any court in Malaysia upon receipt of valid court order without prior consent or notification to you. Consequently, Zenpipe shall have the right to terminate all services set forth in this Agreement.
9. Exclusions and Limitations
Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.
10. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
You agree to indemnify Zenpipe, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Zenpipe services; your violation of any term of this Agreement; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that use of our services caused damage to a third party. This indemnification obligation will survive this Agreement and your use of the Zenpipe services.
You agree that Zenpipe may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Zenpipe services.
13. Entire Agreement
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Zenpipe and govern your use of Zenpipe services, superseding any prior agreements between you and Zenpipe for the use of Zenpipe services.
14. Choice of Law and Forum
The Terms of Service and the relationship between you and Zenpipe shall be governed by the laws of Malaysia without regard to its conflict of law provisions. You and Zenpipe agree to submit to the personal and exclusive jurisdiction of the courts located within Malaysia.
15. Waiver and Severability of Terms
The failure of Zenpipe to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
16. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Zenpipe services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.