Acceptance of Terms
The AIMS website www.panaxis.com.my (“Website”) and other pages and websites with the AIMS branded are operated by Panaxis Sdn. Bhd. (Company No.: 200301020794 (623214-P) and its associated entities (“Panaxis”) provides to End User are subject to the following Terms of Use (“TOU”). Panaxis reserves the right to update the TOU at any time on any changes with regards to the TOU.
This Agreement, which incorporates by reference other provisions applicable to use of the Website including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in the Website, sets forth the terms and conditions that apply the use of the Website.
By using AIMS, the End User agrees to comply with all the terms and conditions hereof. The right to use the Website is personal to the End User and is not transferable to any other person or entity. The End User is responsible for all use of End User’s Account; under any screen name or password (if any) and for ensuring that all use of End User’s complies fully with the provisions of this Agreement. The End User shall be responsible for protecting the confidentiality of End User’s password(s), if any.
Panaxis reserves the right at any time to change or discontinue any aspect or feature of the Website, including, but limited to, content, hours of availability and equipment needed for access or use.
Changed Terms
Panaxis shall have the right at any time to change or modify the terms and conditions applicable to the End User’s use of the Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, addition or deletions shall be effective immediately upon notice shall be effective immediately upon notice thereof which may be given by means including, but not limited to, posting on the Website, or by electronic or conventional mail, or by any other means by which and End User obtains notice thereof. Any use of the Website by the End User after such notice shall be deemed to constitute acceptance by the End User of such changes, modifications or additions.
Description of Services
Panaxis shall have the right at any time to change or modify the terms and conditions applicable to the End User’s use of the Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, addition or deletions shall be effective immediately upon notice shall be effective immediately upon notice thereof which may be given by means including, but not limited to, posting on the Website, or by electronic or conventional mail, or by any other means by which and End User obtains notice thereof. Any use of the Website by the End User after such notice shall be deemed to constitute acceptance by the End User of such changes, modifications or additions.
THE RELATED INFORMATION THROUGH THIRD PARTY INTEGRATION PUBLISHED ON THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PANAXIS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES HEREIN AT ANY TIME.
Equipment
The End User shall be responsible for obtaining and maintaining all mobile phones, computer hardware, software and other equipment needed for access to and use of the Website and all charges related thereto.
Modification to the services
AIMS will provide services such as but not limited to notifications, informing the customer that their parking period is about to expire or automatic location detection. AIMS reserves the right to withdraw or discontinue, temporarily or permanently, the service (or any part thereof) any and/or all portion of the value-added services at any time without notice and shall not be liable to any party whatsoever for doing so. AIMS does not guarantee the accuracy or reliability of any and/or all of the value-added services. The user shall take necessary steps to protect their own rights and interest.
Intellectual Property; Limited License to End Users
You agree to indemnify and hold AIMS, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including legal fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
Copyright
AIMS may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms Of Service may be effected without prior notice, and acknowledge and agree that Haste may immediately deactivate or delete your access to the Service and all related information and files for the Service and/or bar any further access to such files or the Service. Further, you agree that AIMS shall not be liable to you or any third-party for any termination of your access to the Service.
Trademarks
The trademarks and service marks ("Marks") displayed on the Website are the property of Panaxis or other third parties. and the End Users are not permitted to use the Marks without the prior written consent of Panaxis or such third party that may own the Marks. AIMS is the trademarks or registered trademarks of Panaxis in Malaysia and/or other countries. All other trademarks and registered trademarks are the property of their respective owners.
Use of Services
The Services may contain payment related services, announcement services, chat areas, information on Products and Services offered by the Website. The software and accompanying documentation that is made available to download from this Website (if any) is the copyrighted and/or patented work of Panaxis. Use of the software is governed by the terms of the End User License Agreement (“EULA”) that accompanies or is included with such software. Such terms are available for review and are incorporated herein by this reference. The End User will not be able to download or install any software (if any) that is accompanied by or includes a license agreement unless the End User agrees to the terms of such license agreement. If the End User do not agree to such terms, the End User will not be able to use the software. Absent End User License Agreement that accompanies the software, use of the software will be governed by the Terms of Use. and/or the End User will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Website.
PANAXIS DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE TAKE NOTE THAT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS MUST BE RESPECTED WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
Member Account, Password and Security
If any of the Services requires the End User to open an account, the End User must complete the registration process by providing Panaxis with current, complete and accurate information as prompted by the applicable registration form. The End User is also required to choose a password and a unique username. The End User is entirely responsible for maintaining the confidentiality of the End user’s password and account. The End User agrees to notify Panaxis immediately of any unauthorized use of the End User’s account or any other breach of security. Panaxis will not be liable for any loss that the End User may incur as a result of someone else using the End User’s password or account, either with or without the End User’s knowledge.
Indemnification
The End Users agree to indemnify, defend and hold Panaxis and Panaxis partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to the violation of this Agreement or use of the Website.
IN NO EVENT SHALL PANAXIS AND/OR ITS RESPECTIVE PARTNERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM THE LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
Disclaimer of Warranty, Limitation of Liability
The End User agrees that the use of the Website is at the End User’s sole risk. Neither Panaxis, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy, reliability or content of any information, product or service provided through the Website.
The Website is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, connectivity line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. The End User specifically acknowledges that Panaxis is not liable for the defamatory, offensive or illegal conduct of other End User or third parties and that the risk of loss in any form from the foregoing rest entirely with the End User.
In addition to the terms set forth above neither, Panaxis, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of, the information contained within the Website, or for any delay or interruption in the transmission or occasioned thereby. None of the foregoing shall be liable for any third-party claims or losses of any nature, including but not limited to, lost profits, punitive or consequential damages.
Force majure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of Internet Access).
Link to Third Party Sites
The Website may contain links to other sites. Panaxis is not responsible for the content, accuracy or opinions express in such other sites, and such other sites are not investigated, monitored or checked for accuracy or completeness by Panaxis. Inclusion of any linked other site on the Website does not imply approval or endorsement of the linked other site by Panaxis. If the End User decide to leave the Website and access these third-party sites, and the End User will do so at their own respective risk.
Use of Information
Panaxis reserve the right, and the End User authorize Panaxis, to the use and assignment of all information regarding Site used by the End User and all information provided by the End User in any manner consistent with Panaxis Privacy Policy.
Panaxis shall have the right, but not the obligation, to monitor the content of the Website, including End User comments, to determine compliance with this Agreement and any operating rules established by Panaxis and to satisfy any law, regulation or authorized government request. Panaxis shall have the right in its sole discretion to edit, refuse to post or remove and material submitted to or posted on the Website. Without limiting the foregoing, Panaxis shall have the right to remove any material that Panaxis, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Privacy Policy
Panaxis Privacy Policy, as it may change from time to time, is a part of this Agreement.
Payment
The End User represent and warrant that if they are making payment(s) from the Website that (i) any payment information that the End User supply is true and complete, (ii) charges incurred by End User will be honoured by the End User’s debit / credit card or e-wallet company, and (iii) the End User will pay the charges at the posted prices, including any applicable taxes.
Refunds
In the event the End User disputes any of the parking charges made through AIMS, the End User shall provide written notice within fourteen (14) days from the date of the bill statement failing which it shall be deemed to be correct and binding upon the End User. Upon receipt of such written notice by the End User, AIMS and / or its Third-Party Supplier shall review the End User’s Account and make any amendment, if necessary.
In the written notice, End User shall email their request to for a refund form, End User needs to provide the information below
Full name (as per bank account)
First 6 and last 4 digits of card number (that was used to transact)
Amount
Transaction date & time
Reason of refund
Car plate number
Phone number
Email address
Information and Press Releases
The Website contains information and press releases about AIMS. While this information was believed to be accurate as of the date prepared, Panaxis disclaim any duty or obligation to update this information or any press releases. Information about companies other than Panaxis contained in the press release or otherwise, should not be relied upon as being provided or endorsed by Panaxis.
Miscellaneous
This Agreement and any operating rules for the Website established by Panaxis constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such matter. This Agreement shall be constructed in accordance with the laws of Malaysia. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.