Terms

AGREED TERMS AND CONDITIONS

 

“Intllab” means INTLLAB SDN BHD (Company No.: 1124787-U), a private limited company incorporated in Malaysia under the Companies Act 1965 with its business address at 13, Medan Selera Bukit Belimbing, Taman Bukit Belimbing, 43300, Seri Kembangan, Selangor, Malaysia.

“Publisher” means any individual, entity, or organization that sign up and uploaded their works through Intllab and Intllab Services.

“Authorized Titles” means all works digital or non-digital delivered by Publisher to Intllab.

“End User” means an end user include but not limited to purchaser or visitor who accesses or uses Intllab Services.

“Intllab Services” means all services, product or technology either developed by or on behalf of Intllab or any third party engaged by Intllab or any common and acceptable services, product or technology developed by third party to facilitate the receiving, hosting, promoting, marketing, selling and any activities that are relevant for Authorized Title by Publisher.

 

INTRODUCTION

Intllab and Publisher wish to enter into this Agreement under which Publisher authorizes Intllab to do the following “Relevant Services” on the Authorized Titles to End Users:

  1. receive the Authorized Title
  2. store the Authorized Titles
  3. host the Authorized Titles
  4. display the Authorized Titles
  5. market and promote the Authorized Titles
  6. selling the Authorized Title by allowing the End Users to purchase the Authorized Titles from Intllab Services either in digital or non-digital format.
  1. SIGN UP
    1. The Publisher will sign up on Intllab’s web portal in order to facilitate the Relevant Services of the Authorized Titles.
    2. The Publisher is responsible for the following:
      1. all activity on the web portal under the Publisher account;
      2. maintaining the confidentiality of the Publisher account’s username and password; and,
      3. notify Intllab of any unauthorized use or activity on the Publisher account
    3. In the case of the above, Intllab will help and assist the Publisher to investigate the matter. However Intllab will not be liable for any losses or damage caused by a third party on the Publisher account as a result of the unauthorized use or activity.
  1. DELIVERY
    1. The Publisher will determine and deliver the Authorized Titles to Intllab either in digital or non-digital format at Publisher’s expense including any technical support as necessary including conversion from print to digital format.
  1. CONTENT
    1. The Publisher requests and authorizes Intllab on a worldwide non-exclusive basis to:
      1. copy, store, host, index, and display the Authorized Titles to the End Users (in whole or in part) through the Intllab Services either online or offline,
      2. promote, market and sell the Authorized Titles to the End Users,
      3. render the Authorized Titles into a format that fits the Intllab Services to the End Users,
      4. make any action necessary on the Authorized Title either for commercial or testing purpose in order to allow the End Users to receive, view, store and other necessary action that is allowable for that Authorized Titles either online or offline,
      5. use its trademarks, trade names, design and logos on royalty-free license solely for use in the Intllab Services for the benefit of the Publisher.
    2. Intllab only perform the Relevant Services of the Authorized Titles in the form given by the Publisher. Intllab will not at any time use any form of process to change the format of the Authorized Titles unless permission is given by the Publisher
    3. The Publisher shall have the option wheter or not to impose Digital Right Management (“DRM”) on any of the Authorized Titles. If the Publisher chooses to impose the DRM then Intllab will apply the industry standard DRM on that selected Authorized Titles. Intllab will not be responsible in any case if the Authorized Titles with DRM is hacked or decrypted by a third party without consent.
    4. Intllab may cease to perform the Relevant Services on any of the Authorized Titles at any time at its discretion without any warrant to the Publisher. If Intllab chooses to terminate or suspends the Relevant Services, Intllab will pay the Publisher’s earned balance.
  1. RIGHTS
    1. The Publisher and Intllab understand that both parties will not at any time hold any rights (Copyright, Trademark, Intellectual Property, or other rights) belonging to the other Party.
  2. PRICING
    1. Publisher is allowed to set any price on the Authorized Title unless notified by Intllab.
  1. PAYMENT
    1. The Revenue Split is 70% Publisher and 30% Intllab. Any of the Publisher’s Authorized Titles sold through Intllab Services shall be paid the Revenue Split.
    2. Intllab will pay the Revenue Split no more than 30 days after the end of any calendar month. Intllab may use any appropriate channel to make payments to Publisher as per example in “Case A” with payments transfer channel and currency shall be determined by Intllab from time to time. Payment can only be made if the earned balance is more than USD10 at any current time.
    3. The Publisher is required to provide all necessary information regarding the Publisher’s bank account in order to receive payment from Intllab
    4. An End Users purchases report will be provided to the Publisher in the form generally made available to other Publishers.
    5. Intllab will not be liable to the Publishers for payment in the following cases:
      1. Purchase of or access to the Authorized Titles through any fraudulent or invalid means determined by Intllab,
      2. fraudulent use of credit cards or other fraudulent means of payment,
      3. Authorized Titles that is refunded,
      4. Credit card charge back by an End User.
    6. The Publisher will cooperate with Intllab in any investigation (if required) of any of the above circumstances.
  1. TAXES
    1. All payments made under this Agreement are exclusive of taxes imposed by governmental entities. If tax is require:
    2. to be charged to the End User, Intllab will calculate and remit such tax to the relevant taxing jurisdiction
    3. to be deducted or withheld from the Publisher, Intllab will deduct and remit such tax to the relevant taxing jurisdiction and will pay the Publisher the remaining net amount
  1. TERMINATION
    1. This Agreement will commence on the Effective Date and will continue until terminated by either party by a 30 days of written notice given to the other Party.
    2. The Publisher may at any time withdraw any Authorized Titles from display on the Intllab Services by unpublishing or totally removing the Authorized Titles from the Publisher Account.
  1. MODIFICATION
    1. Intllab reserves the right, at its sole discretion, to modify the Intllab Services and these Terms at any time with or without notice and liability to Publisher.
  1. INDEMNITY
    1. The Publisher wills indemnify Intllab against all liabilities, costs, expenses, losses and damages suffered or incurred as a result of any third party claim that any Authorized Title or any other materials delivered by the Publisher to Intllab:
      1. infringes the Intellectual Property Rights, Patent, Trademark, or any other rights of a third party,
      2. violates any law.
    2. In the event of the above claim by any third party, Intllab will:
      1. notify the Publisher about the claim,
      2. request the Publisher to defend the claim at the Publisher’s own cost.
  1. PRIVACY POLICY
    1. Intllab shall not share the personal information of anyone with third parties, except for valid demands made through a valid legal process
    2. For Publisher:
      1. Intllab will provide sales information, but not the End User’s personal information.
      2. If Intllab collects taxes from the End User, Intllab will provide the Publisher with information on the taxes collected from the End User’s billing address such as the state, city and zip code.
      3. Intllab will only use the Publisher’s information it stores for the purposes but not limited to:
        1. improve Intllab Services for the benefit of the Publisher;
        2. for security reasons; and
        3. to understand publication trends and needs.

 

  1. DISCLAIMERS
    1. The Publisher understands and agree to the following:
      1. the use of Intllab Services is at the Publisher’s own risk,
      2. The Service provided “As is” and without any warranty by Intllab and any party that is linked to Intllab and Intllab Services,
      3. Publisher are required to do due diligence and testing on the fitness of the Services provided by Intllab,
      4. Intllab are not required to have the burden to proof the fitness of the Services,
      5. Any damage to Publisher content or Authorized Titles resulting from the use of Intllab Services shall be indemnified against Intllab and all party related to Intllab and Intllab Services,
      6. The Publisher also understands the service provided by Intllab is online in nature and the existence of online hacking and attacks by online hackers may happen without any notice and is beyond Intllab’s control

 

CASE A

Scenario 1

The End User purchases the Authorized Title on the 5th of Mac 2016 through the Intllab Services. Intllab will receive the payment on the same day. Intllab will then pay the Publisher no more than 30 days from the end of the month (31st Mac 2016) and the latest payment to the Publisher shall be on the 30th of April 2016.

 

Scenario 2

The End User purchases the Authorized Title on the 25th of Mac 2016 through the Intllab Services. Intllab will receive the payment on the same day. Intllab will then pay the Publisher no more than 30 days from the end of the month (31st Mac 2016) and the latest payment to the Publisher shall be on the 30th of April 2016.

 

 

Personal Data General Notice

In compliance with the Personal Data Protection Act 2010 and its regulations, this notice is issued to all our valued clients and prospective clients. This Notice will inform you of your rights with regards to your personal data that has been and/or will be, collected and processed by us.

 

1. Collection and processing of personal data

We have collected and will collect your personal data to be processed by us and/ or on your behalf in the course of your present or future dealings with intllab (“we”, “our”, “us” or “the Firm”). Your personal data enables us to achieve the Purpose in clause 3 herein that are in connection with our service.

 

2. Description of personal data

The personal data that you will provide may include but not limited to, your name, age, race, religion, nationality, identity card number or passport number, address of correspondence, including but not limited to, office address, gender, date of birth, marital status, details of children and/or guardian(s), occupation, income range, contact information, including, e-mail address, mobile number, house number, facsimile number, office number, details of employer, details of dependants and/or family members.

 

3. Purpose

The collection and processing of personal data includes but not limited to, the following purposes:

A. Agreements & Arrangements

i. Entry into agreements, contracts, memorandum, and/or arrangements with third parties and/or us; ii. Credit assessments and other due diligence on you as client as deemed necessary or appropriate by us; iii. Collection of outstanding payments from you under the agreements, contracts, memorandum, and/or arrangements; iv. Delivery of notice, forms, letters, minutes of meetings, quotation, courts related forms or documents and other documents necessary required; v. Necessary performance of your and our obligations under the agreements, contracts, memorandum and/or arrangements;

B. Services

i. Delivery of our services whether present or future; ii. Client relationship management procedures whichever we deem necessary and fit, including but not limited to, registration at receptionist; iii. Client profiling activities in connection with our services and products; iv. Communication with you and delivery of information by e-mail, other telecommunication means, including but not limited to, telephone calls, short message service (SMS), fax, social media, including but not limited to, facebook, whatsapp, line, wechat and other services offered by Class Of Third Parties under clause 8 herein; v. Transfer of payment or monies to you under the agreements, contracts, memorandum and/or arrangement, which held by us as stakeholders or otherwise; vi. Preparation of statutory forms or documents, including but not limited to all forms required under any applicable laws, regulation, direction, court order, order, by-law, guideline, circular, code applicable to us necessary for our delivery of service to you; vii. Such other purposes provided for in our particular services or products offered by us;

C. Internal Record & External Communication

i. Internal record keeping particularly in compliance with rulings and notice by relevant authority from time to time; ii. Invitation to our firm’s event; iii. Sharing of useful information, including but not limited to, our products/services to you whether present or future; iv. For purposes relating to any of the above, including but not limited to, research, benchmarking and statistical analysis;

D. Legal Compliance

i. Prevention, hindrance, reporting of any crime including but not limited to, fraud, bribery and money laundering; and ii. Compliance to any legal or regulatory requirements relating to the provision of our services/ products and to make disclosure under the requirements of any applicable law, regulation, direction, court order, order, by-law, guideline, circular, code applicable to us.

 

4. Sources

The sources that we may obtain your personal data includes but not limited to registration forms, agreements you have signed, name cards, documents you have passed to us or any identity materials that you have distributed voluntarily; and business directory(ies) or listing(s) that you have subscribed to share your information, etc.

 

5. Class of Third Parties

Generally, your personal data with us will be kept confidential. You hereby consent and authorize us to disclose your personal data to the following categories of third parties:

a) our auditors, business associates, business consultants, accountants, or other professional advisers and/or consultants as we deem necessary and appropriate; b) our third party service providers, including but not limited to, part time dispatch as we deem necessary or appropriate; c) banks or financial or insurance institutions, land authorities, Inland Revenue Board of Malaysia, Companies Commission of Malaysia, courts of laws; d) any person including a body corporate to whom we are compelled to or required under law or in response to a local or state or federal or international authority, industry regulator, enforcement agency, statutory authority, court of laws, tribunal, arbitration centre, commission or council or association legally authorized by law.

 

6. Your Obligations

It is obligatory for you to supply your personal data to us in the most accurate manner. Failing which, we are unable to process your personal data on your behalf and for the Purpose stated in clause 3 herein and all relationships created or to be created between us shall then be terminated and ceased to be in effect immediately.

 

7. Your Rights

a) Right to request access to personal data You are entitled to request access to your personal data that is processed by us with reasonable notice.

b) Right to request correction of personal data You are entitled to request the correction of your personal data that is held by us with reasonable notice. With respect to this, you may: i. request correction and/ or update of your personal data that is inaccurate, incomplete or out-of-date; and ii. request retention of your personal data only as long as necessary for the fulfillment of the Purpose stated in clause 3 herein.

c) Rights to limit processing of your personal data You are entitled to limit our processing of your personal data by expressly withdrawing in full your consent given previously in each case subject to any applicable legal restrictions, contractual conditions and within a reasonable time period.

 

8. Contact to make inquiries and complaints regarding personal data

If you intend to exercise your rights in clause 7 or to make inquiries or complaints regarding your personal data, our policies, procedures in relation to processing your personal data, you may contact the relevant department as follows:

Contact No.: +6012-2569354 (Shah Rizal)

E-mail address: intllabresearch@gmail.com

Postal address: 13, Medan Selera Bukit Belimbing, Taman Bukit Belimbing, 43300, Seri Kembangan, Selangor, Malaysia