1. ACCEPTANCE OF TERMS
PLEASE READ THROUGH THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IT IS THE TERMS AND CONDITIONS REGARDING YOUR USE OF A SUBSCRIPTION SERVICE FOR TRACKING AND REPORTING EMPLOYEE WORK TIME ON EPICAMERA ("EPICAMERA"). BY CLICKING THE "[*SUBMIT / *I AGREE / *YES]" BUTTON AT [THE END OF THIS AGREEMENT], BY USING THE SOLUTION OR THE SERVICES OR BY SIGNIFYING YOUR ACCEPTANCE IN ANY OTHER WAY, YOU AGREE TO HAVE CAREFULLY READ, UNDERSTOOD AND ACCEPTED THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SOLUTIONS OR THE SERVICES AND YOU SHOULD DISCONTINUE ANY FURTHER INSTALLATION OR USE THEREOF OR DO NOT USE THE SITE FOR ANY PURPOSE WHATSOEVER.
EpiCamera is owned, operated, and provided to you by TimeTec Cloud Sdn Bhd ("the Company") through the website http://www.epicamera.com ("Site").
By enrolling to use EpiCamera, you further agree to be bound to all payment terms, policies, practices, rules, standards and guidelines related to the Site and/or EpiCamera, in effect at any time and from time to time made available on the Site.
The reference "You" or "Your" refers to the person or entity subscribing to EpiCamera hereunder. You agree that you shall cause any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of EpiCamera, to be bound by, and to abide by, these Terms and Conditions. You further agree that you are bound by these Terms and Conditions whether you are acting on your own behalf or on behalf of a third party.
By accepting the terms and conditions, you (a) represent and warrant that you are 18 years old or older and are authorized to represent your organization; (b) agree to provide true, accurate, current and complete information; (c) agree to maintain and update this information to keep it true, accurate, current, and complete; and (d) agree to notify the Company of any unauthorized use of your account, password or other breach of security. If any information provided by you is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend, terminate your account and to refuse any or all, current or future use of EpiCamera with or without notice. You are entirely liable for all activities conducted through your account.
2. RIGHTS OF SERVICE
The Company hereby grants you a non-transferable, non-assignable, non-territorial, non-exclusive license (without license to sublicense) to use EpiCamera subject to these Terms and Conditions. These Terms and Conditions govern your access to and use of EpiCamera. You acknowledge and agree that apart from the agreement to these Terms and Conditions, you shall have no rights or access whatsoever to the EpiCamera.
You shall not:
a. Add, delete, modify, copy, translate, distribute, transmit, display, perform, reproduce, publish, create derivative works based on EpiCamera, or permit other individuals to do so;
b. rent, lease, transfer or otherwise sell any information, software, products or services obtained from EpiCamera;
c. provide third parties with access to your account, except for third parties specifically authorized by the Company. However, you shall remain liable for any such use of your account by another person;
d. reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or source listing for EpiCamera;
e. use EpiCamera in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
f. engage in conduct which is unlawful or which inhibits another user from enjoying EpiCamera or which the Company in its sole discretion determines to be unacceptable;
g. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
h. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
i. upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
j. use any material or information, including images or photographs, which are made available through EpiCamera in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
k. advertise or offer to sell or buy any goods or services for any business purpose, unless the Company specifically allows such messages;
l. download any file posted by another user of EpiCamera that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
m. falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
n. restrict or inhibit any other user from using EpiCamera;
o. violate any code of conduct or other guidelines which may be applicable for EpiCamera;
p. harvest or otherwise collect information about others, including e-mail addresses;
q. violate any applicable laws or regulations;
r. create a false identity for the purpose of misleading others; and/or
s. use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of EpiCamera or other user or usage information or any portion thereof.
3. INTELLECTUAL PROPERTY
All titles and copyrights, trade secrets, patents, trademarks and other intellectual property in and to EpiCamera are owned by the Company. Copyrights, trade secrets and other laws protect EpiCamera. All data not expressly entered into the EpiCamera by you is the intellectual property of and owned by the Company.
4. FREE PACKAGE
a. Only registered users are eligible to subscribe EpiCamera free package where registered users will be granted restricted use of EpiCamera ("EpiCamera Free Package"). You need to register with the Company or by sign up for the free package in the Site to get access to the free trial. Upon registration, you will be provided with a restricted use of EpiCamera for the stated period (refer to item 4(c)). Unregistered users are required to sign up for an account with the Company before being able to use the EpiCamera Free Package. The restrictions of the EpiCamera Free Package are determined solely at the discretion of the Company and may be modified at any time without prior notification. The EpiCamera Free Package will not be provided upon subsequent registration by user or user's agents or affiliates.
b. No fees and charges are applicable for EpiCamera Free Package but there will be advertisement on the viewing page.
c. The EpiCamera Free Package will last for and until the company announce the termination of the offer. At that point of time, if you wish to continue with EpiCamera after the Free Trial Package, you need to subscribe for paid EpiCamera Package.
d. You are responsible for the setting up of the computer, IP camera, the internet connection and smartphones in order to use the EpiCamera Free Package effectively.
e. Usage of the EpiCamera Free Package is at your own risk. You shall bear all risks of and shall be liable for any loss or damage of data during the EpiCamera Free Package. The Company shall not be liable for the same.
f. The Company agrees to provide maintenance and support for Free Package. The Company agrees to use reasonable efforts and as soon as reasonably possible, will address any technical problems relating to EpiCamera that should arise in Free Package.
g. Expiration of EpiCamera Free Package
i. Either party can terminate this agreement at any time when you are using Free Package and thereafter, your account will be turned into an "Inactive" mode for 30 days. (refer to item 3.h.ii for Inactive mode )
ii. EpiCamera Free Package will last for and until the company announce the termination of the offer. At that point of time, if you wish to continue with EpiCamera after the Free Package, you need to subscribe for paid EpiCamera Package. If you do not subscribe paid package by that time, your account status will be changed to "Inactive" for a maximum of 30 days and during this period you will not be able to access the data collected in EpiCamera, until and unless you select and agree to purchase a subscription plan to continue using EpiCamera. Access to EpiCamera will be provided in accordance with the terms of the specific subscription plan chosen by the registered user via the Site. The data collected during the Free Period will automatically be transferred to your subscribed EpiCamera account.
iii. After 60 days of having been classified as "Inactive" (not connected to any camera), your account status will be changed to "Dormant" and the data collected will be kept for another 7 days for a data download period before it is permanently deleted.
iv. Section 4 of this Terms and Conditions is applicable for the Free Package or such other extended date as agreed by the Company.
5. FEES AND PAYMENTS
a. Fees
i. Should you wish to increase number of camera, storage, number of administration with EpiCamera, you will be charged as per the pricing posted on www.epicamera.com/shop/order or as per billed.
ii. You may download EpiCamera Mobile for free by clicking the link here: http://www.Epicamera.com/mobile. EpiCamera makes no claims, representations or warranties that the application will operate properly, securely, effectively or efficiently. The Company disclaims all liabilities concerning the download of application from the websites, including, but not limited to damage to the user's hardware, software, network or systems, loss of data, application failure, backup errors or problems related to connectivity, security, compatibility, functionality or efficiency.
iii. To obtain or purchase IP camera for use with the EpiCamera, you may consult the Company's authorized company for pricing and installation. You can contact the company at www.epicamera.com/contact to ask for authorized dealer list.
b. The Company reserves the right to change its fees at anytime, at its sole and absolute discretion, by posting notice of the same on the Site or by updating these Terms and Conditions. The Company shall give you notice in writing or email of not less than 14 days of any alteration or revision in the price, and the price as so altered shall apply to EpiCamera supplied on or after the applicable date of increase, including outstanding orders. The Price Revision shall not affect the subscription paid before the revision being enforced. You are required to check for updates with your resellers or through the Site.
c. Any and all EpiCamera payment policies posted on the Site are incorporated herein by reference. The Company reserves the right to change its payment policies at any time and from time to time at its sole and absolute discretion. By accepting these Terms and Conditions, you agree to pay the Company all applicable charges via your account, in United States dollars, in accordance with the payment policy in effect at the time those charges become due.
d. You agree and represent that all the information you have and/or will provide for the purpose of enrolling for EpiCamera are and/or will be accurate, complete, and current.
e. Mode of Payment: You shall ensure that you pay punctually for all subscription fees to the Company. Failure to do so might affect time attendance data collected and your access to the Site.
i. PayPal or Credit Card: All payment transactions are processed solely through a third party payment gateway that the Company engages with. The Company will not collect your credit card information and all payment terms made through PayPal are bound by Paypal's Terms of Service. All processing fees or bank charges shall be borne by the Company.
ii. Bank Transfer: Payment can also be made by electronic bank transfer. All processing fees or bank charges shall be borne by the Company.
iii. Pay to your reseller: You may also subscribe to the EpiCamera via the Company's authorized local resellers by contacting Epicamera at www.epicamera.com/contact in which case the payment should be submitted to the said authorized local reseller.
Activation of EpiCamera is immediate and will take effect once the payment is cleared. EpiCamera will always start from the date the previous package had ended, regardless of the payment date. For offline subscription done via the Company's authorized local resellers, activation of EpiCamera will occur once the payment is cleared by the Reseller to the Company.
f. The Company will send an email reminder to your registered email account before your license expired. If the Company has not received your payment on the expiry date, your license status will be classified with an "Inactive" status for a maximum of 30 days and you and all your registered users of your organization will not be able to access data collected in EpiCamera. You can renew your EpiCamera license during the "Inactive" mode/status of 30 days. The collected data can be retrieved after the license has been renewed.
g. After 30 days of having been classified as "Inactive" , your license will then be classified as "Dormant" and data collected will be kept for 15 days for data download period before the data is deleted.
h. Your data in EpiCamera will be deleted after 15 days of being classified as "Dormant".
i. The starting date of the renewed license shall be the date the license expired notwithstanding the actual date of renewal.
j. You can terminate your account at anytime by sending a termination email to the Company at support@epicamera.com. You are entitled to a refund of the unused subscription for such months which you have paid in advance prior to the aforesaid termination ("Unused Usage"). Any refund will be calculated based on a MONTHLY subscription rate. Any subscription usage exceeding of 1 day shall be calculated as 1 month of subscription. A Refund Processing Fee of USD10 shall be charged to you. Refunds will be credited to your account. You will need to possess a Paypal account so that the refund can be credited to your Paypal account. All processing fees or bank charges shall be borne by you. If you make subscription fee payment via your reseller, the refund shall be made by your reseller to you.
k. All prices of EpiCamera are exclusive of any applicable value added tax, goods services tax or any sale/service tax, for which you shall be liable to, if there is any.
6. REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
a. you have sufficient authority to agree and to accept these Terms and Conditions;
b. you will at all times comply with all applicable laws;
c. you shall not be in violation of any obligation, contract or agreement by agreeing to accept these Terms and Conditions and/or by performing your obligations under these Terms and Conditions;
d. you shall comply with all of the Terms and Conditions, as may be amended from time to time; and
e. all information provided by you is true, accurate, and complete, and is not misleading in any way.
7. INDEMNIFICATION
a. You hereby indemnify and hold the Company and its officers, directors and personnel harmless from any such fees, liabilities, claims, losses, damages or penalties arising out of (a) a breach of any representations and warranties by you; (b) breach of these Terms and Conditions by you; (c) your actions, negligence and/or misconduct; and/or (d) your use of EpiCamera (including any use by your authorised person).
b. The indemnifying party will pay any and all expenses, costs, damages, fees incurred by the indemnified party in connection with or arising from any action, claim, suit or proceeding made against it.
c. The provisions of this Section 7 shall survive the termination of this Agreement.
8. CONFIDENTIALITY
Except as and to the extent required by law, you will keep confidential these Terms and Conditions and shall treat as confidential any information which comes into your possession, pursuant to or as a result of or in the performance of these Terms and Conditions (whether orally or in writing), whether such information relates to the business, sales, marketing or technical operations of either party or the clientele of either party or otherwise and whether or not such information is expressly stated to be confidential or marked as such. The provisions of this Section 8 shall survive the termination of this Agreement.
9. TERM & TERMINATION
a. These Terms and Conditions will commence when you click "[I accept]" or "[I agree]" and shall continue throughout the Free Trial Period. Thereafter, these Terms and Conditions shall be renewed on the date of the purchase ("Start Date") of the subscription plan of the EpiCamera. These Terms and Conditions shall continue from the Start Date through the initial term specified by the subscription plan ("Initial Term"). At the end of the Initial Term, these Terms and Conditions will automatically renew on the day following the last day of the Initial Term ("First Renewal Date") and will automatically be renewed thereafter on the first day of each renewal period ("Renewal Period") as specified by the subscription plan, unless either party provides to the other written or electronic notice of termination in accordance with the Terms and Conditions. Free Package, Initial Term specified by the Start Date and the First Renewal Date of the subscription plan, and each subsequent renewal term specified by the First Renewal Date and the Renewal Period of the subscription plan are collectively the "Term". You may terminate this agreement at anytime and for any reason by logging on to your account on the Site and cancelling the EpiCamera's subscription. For Refund Policy, please refer to Section 5f.
b. The Company's Right To Terminate
i. The Company may terminate this Agreement and discontinue your participation in the EpiCamera, at its sole discretion, by providing you with written notice.
ii. If the termination is initiated due to any of the following reasons, the refund policy described in Section 5f shall not apply:
(aa) you fail to make payment in accordance with the Company's terms or these Terms and Conditions;
(bb) if the Company believes that you may be in competition with EpiCamera or intend to develop a competitive service against EpiCamera;
(cc) if the Company believes that you have violated this Agreement or other policies or guidelines of the Company; and/or
(dd) if the Company believes your conduct may be harmful to its business or to others who participate in EpiCamera.
iii. All decisions made by the Company in this matter are final and binding and neither the Company nor its licensees (or distributors) shall have any liability with respect to such decisions.
c. Upon termination (by either party):
i. you and all your registered users of your organization can neither access to your account nor use EpiCamera Service;
ii. your license status will be classified with an "Inactive" status for a maximum of 45 days and you and all your registered users of your organization will not be able to access data collected in EpiCamera but you will be allowed to download your data in .jpeg format in these 45 days; and
iii. your data will be removed from the server after 45 days from the date you terminate your license. You will no longer be able to retrieve your data and account after these 45 days.
d. The Company and their respective affiliates shall not be deemed to be in default of any provision hereof or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, civil or military authority, civil disturbance, war, terrorism, strikes, fires, other catastrophes, power or telecommunications failure or any other cause beyond its reasonable control.
10. NON-COMPETE AGREEMENT
You agree that during the Term and for two year thereafter, you shall not develop a competing service/software to EpiCamera. You understand that the violation of this clause will be ground for immediate termination of all EpiCamera service by the Company with no liability on the part of the Company; and further, you understand that the Company may seek equitable relief to stop the violation and competing activity as well as any other relief available under the law.
11. MODIFICATIONS
The Company may modify these Terms and Conditions and all applicable rates/fees/charges at any time and from time to time, in its sole discretion. Any changes will be emailed to you and/or posted on the Site by the Company in no less than 14 days prior to implementation of changes to this Agreement. Any use of the EpiCamera and/or Site after such notice shall be deemed to be continued acceptance of these Terms and Conditions including its amendments and modifications. No conditions other than those set forth herein shall be binding on the Company unless the Company expressly agrees in a writing signed by an authorized representative of the Company. The Company reserves the right to discontinue offering EpiCamera and/or Site at any time.
12. TECHNICAL SUPPORT
12.1 You can contact support@epicamera.com and a reply will reach you within 12 hours, 7 days a week.
12.2 Skype for immediate support is available from 9am to 6 pm (GMT+8), Monday to Friday.
12.3 You can contact our authorized local resellers as listed to get local support.
12.4 You will promptly report any errors in the operation of EpiCamera to the Company and will not take any actions that would increase the severity of the error. You will use EpiCamera solely as described herein. If you violate any of the requirements of this Section, the Company will have no responsibility to provide you with any support.
13. IP CAMERA DATA
13.1 Storage: The IP camera data for EpiCamera will be hosted on EpiCamera servers, unless otherwise agreed. The Company does not represent, warrant or covenant that the use of EpiCamera will be uninterrupted or that the operation of EpiCamera will be error-free or secure. In addition, the security mechanisms implemented by the Company for EpiCamera have inherent limitations, and you must determine whether the EpiCamera sufficiently meets your requirements.
13.2 Backup: While the Company shall use reasonable effort to protect and backup your data on a regular basis, the Company is not responsible for your data that is residing or uploaded to the EpiCamera servers. You are solely responsible for backing up and exporting your camera data. To ensure efficiency and stability of the system, EpiCamera will undergo system maintenances and system upgrades from time to time as shall be determined by the Company's sole and absolute discretion. As such, EpiCamera will only keep the transaction data according to the package subscribed by End User. For all the other transaction data, reasonable endeavours will be made to back up and send to you or your administrator accordingly.
13.3 Your Data: Your data consists of all the information of your organization and the IP camera information inserted into the EpiCamera interface by you ("Data"). The Company shall not use the Data except directly in furtherance of the purposes of this Agreement. The Company shall not disclose the Data to any third party unless directed by you, unless (a) such disclosure is made by the Company in response to a court order, and provided that the Company has given you reasonable notice of such court order, or in compliance with any legal obligation which you are a subject (other than a contractual obligation) or for the administration of justice or (b) is non-personally identifiable information. All data that is not your Data belongs to the Company (collectively " EpiCamera's Data"). By accepting these terms and conditions you agree that the Company owns all of the EpiCamera's Data.
13.4 The company is not responsible for emergency cases and will not assume responsibility for server down time, server delayed response time, network issues, or any other issues caused by interruption or intermittent issues of the underlying hosting service provider (Amazon Web Services).
14. LINKS
The Company has not reviewed all of the sites linked to the Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Company of that site. The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, the Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to the Site. Use of any such linked web site is at the user's own risk.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR EPICAMERA IS AT YOUR OWN RISK. THE SITE AND/OR EPICAMERA ARE AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY, OR IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE OR COURSE OF CONDUCT AND THE COMPANY DISCLAIMS ANY WARRANTY REGARDING THE AVAILABILITY, ACCURACY OR CONTENT OF THE SITE, EPICAMERA, AND/ OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE AND/OR EPICAMERA, OR ANY ECONOMIC BENEFIT YOU MAY GAIN FROM USE OF THE SITE AND/OR EPICAMERA. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
16. APPLICABLE LAW
This Agreement (i) shall be governed by and construed in accordance with the internal substantive laws Malaysia, without giving effect to its principles of conflicts of law; and (ii) constitutes the complete and entire expression of the agreement between the parties, and shall supersede any and all other agreements, whether written or oral, between the parties concerning the subject matter hereof. You submit to jurisdiction and venue in the state and federal courts located in Malaysia, and further agree that any cause of action you may bring arising under this Agreement will be brought by you exclusively in a state or federal court located Malaysia.
17. LIMITATION ON LIABILITY
THE COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT OR REVENUE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE COMPANY'S TOTAL CUMULATIVE LIABILITY, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED AN AMOUNT EQUAL TO ALL AMOUNTS ACTUALLY REALIZED BY THE COMPANY FROM YOU DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING ANY SUCH LIABILITY. YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE REASONABLE, THAT THEY ARE AN ESSENTIAL ELEMENT HEREOF AND THAT ABSENT SUCH LIMITATIONS, THE COMPANY WOULD NOT ENTER INTO THIS AGREEMENT.
18. NO ASSIGNMENT OR RESALE
You may not resell, assign, or transfer any of your rights under this Agreement, and if you attempt to resell, assign, or transfer its rights, the Company may immediately terminate this Agreement without liability to the Company.
19. HEADINGS AND REFERENCES
Headings of Sections are for the convenience of reference only. Words indicated in quotes and capitalized signify an abbreviation or defined term for indicated words or terms, including those definitions contained in the opening paragraph. The content in other Web sites specifically referenced in this Agreement, such as URLs, is incorporated by this reference as though fully stated in this Agreement.
20. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings between the parties.
Last updated: 16/10/2013 |
