Terms of Service

This Terms of Service (“TOS”) is made and effective as of the date of acceptance, by and between you and AIM Success Marketing Sdn. Bhd.. As referred to in this Terms of Service, “we”, “us”, “our” and “AIM Success Marketing Sdn. Bhd.” refers to AIM Success Marketing Sdn. Bhd. while “you”, “your” and “Client(s)” means the AIM Success Marketing Sdn. Bhd. User (if registering for or using AIM Success Marketing Sdn. Bhd. Services as an individual) or the business employing the AIM Success Marketing Sdn. Bhd. User (if registering for or using AIM Success Marketing Sdn. Bhd. Services as a business) and any of its affiliates. “Site” refers to a World Wide Web site and “AIM Success Marketing Sdn. Bhd.” refers to the Site located at the URL (https://azbaja.my/) or any other successor sites owned or maintained by AIM Success Marketing Sdn. Bhd.. WHEREAS, AIM Success Marketing Sdn. Bhd. owns, distributes and provides various products and services for conducting business on the Internet including: web hosting, domain registration, e-commerce solutions and the AIM Success Marketing Sdn. Bhd. family of services (hereinafter collectively referred to as the “Services”). WHEREAS, you desire to utilize some or all of the Services to develop, enhance or maintain your business and/or presence on the Internet.

AIM Success Marketing Sdn. Bhd. 202401031151 (1577000-W)is an eCommerce platform provider that allows you to build your own online webstore (“Store”) as well as sync multiple online and offline sales channels to manage product, inventory and order fulfillment. AIM Success Marketing Sdn. Bhd. is located at Lot 2208, Jalan Kusta, Kg. Jaya Industrial Area, 47000 Sungai Buloh, Selangor, Malaysia

By subscribing AIM Success Marketing Sdn. Bhd. Services, you accept that you have read and understand, and agree to be bound by the terms and conditions set below and any future amendments thereto (“Terms of Service”). IF DO NOT WISH TO ACCEPT THESE TERMS OF SERVICE, KINDLY DO NOT PROCEED WITH SUBSCRIPTION.

1. AIM SUCCESS MARKETING SDN. BHD. SERVICES

AIM Success Marketing Sdn. Bhd. agrees to provide you the Services agreed upon between AIM Success Marketing Sdn. Bhd. and you as selected by you in AIM Success Marketing Sdn. Bhd.’s customer database that is specified at AIM Success Marketing Sdn. Bhd. Sites.

2. PAYMENT, INVOICING AND REFUND

2.1	In consideration of the performance of the Services, you shall pay AIM Success Marketing Sdn. Bhd. yearly in advance the amount set forth in AIM Success Marketing Sdn. Bhd.’s customer database as such records are amended from time to time for the Services during the term of this TOS.
2.2	You shall receive a confirmation letter via e-mail at the time you contract for the Services, which shall confirm the fees payable to AIM Success Marketing Sdn. Bhd.. Thereafter, you shall receive a yearly billing statement for the upcoming month. The yearly billing statement shall indicate any changes in fees, which fees shall become effective upon thirty (30) days’ notice as set forth in Section 2.4 herein.
2.3	You are responsible for all activities and charges resulting from your use of the Services. You agree to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by you and set forth in the yearly billing statement. You acknowledge that no refunds will be given by AIM Success Marketing Sdn. Bhd. in the event that your account is terminated by AIM Success Marketing Sdn. Bhd. or your mid-term. In the event of a breach of security, you will remain liable for any unauthorized use of the Services until you notify AIM Success Marketing Sdn. Bhd. by sending an e-mail with account information to support@aimsuccess.my.
2.4	Current rates for using the Services may be obtained on our website at www.azbaja.my. AIM Success Marketing Sdn. Bhd. reserves the right to change fees, surcharges, yearly membership fees or to institute new fees at any time. In addition, AIM Success Marketing Sdn. Bhd. may institute special trial offers, from time to time, that shall be reflected in the confirmation letter sent to you upon sign up. If AIM Success Marketing Sdn. Bhd. does not receive the full amount of your Service account balance within thirty (30) days of invoice date, a late charge equal to 1.5% per month or highest amount allowed by law per month will be added to your bill and shall be due and payable. You shall also be responsible for all attorney and collection fees arising from AIM Success Marketing Sdn. Bhd.’s efforts to collect any unpaid balance of your account(s), and AIM Success Marketing Sdn. Bhd. may terminate your account immediately without further notice.

2.5 Refund

2.5.1	Domain registration/transfer/renewal services is not refundable once sold.
2.5.2	All sales of hardware including but not limited to POS (Point-of-sale) & PDA device are final and non-refundable. Once the purchase is made, the customer acknowledges and agrees that they will not be entitled to a refund for any reason, including but not limited to change of mind, product compatibility issues, or unused hardware.
2.5.3	Ecommerce packages of the Unicart Series, AIM Success Marketing Sdn. Bhd. ERP Series, AIM Success Marketing Sdn. Bhd. Lite Series, AIM Success Marketing Sdn. Bhd. Multichannel and AIM Success Marketing Sdn. Bhd. Webstore Series are entitled for 14 days money back guarantee. All refund will have to deduct domain fee (if applicable any). After 14 days, Unicart Series, AIM Success Marketing Sdn. Bhd. ERP Series, AIM Success Marketing Sdn. Bhd. Lite Series, AIM Success Marketing Sdn. Bhd. Multichannel and AIM Success Marketing Sdn. Bhd. Webstore Series packages are not refundable once sold.
2.5.4	Product or services that are not mentioned above are not refundable once sold.

3. RESPONSIBILITIES AND RIGHTS OF AIM SUCCESS MARKETING SDN. BHD.

3.1	Means of Performance. AIM Success Marketing Sdn. Bhd. shall provide you with the  AIM Success Marketing Sdn. Bhd. services, as described at hereto. AIM Success Marketing Sdn. Bhd. has the right to control and direct the means, manner, and method by which the services are performed.
3.2	Support. AIM Success Marketing Sdn. Bhd. shall provide a reasonable level of technical support to you via email or Web page for the term of this TOS.
3.3	Other Work. AIM Success Marketing Sdn. Bhd. has the right to perform and license products to  others during the term of this TOS. AIM Success Marketing Sdn. Bhd. may elect to electronically monitor the host services and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate host services and protect its clients. AIM Success Marketing Sdn. Bhd. reserves the right to block any site  hosted by AIM Success Marketing Sdn. Bhd. that contains any content that AIM Success Marketing Sdn. Bhd. deems in its sole discretion to be unacceptable or undesirable.
3.4	AIM Success Marketing Sdn. Bhd. is responsible for ensuring the eCommerce platform’s availability in accordance with the uptime guarantee.
3.5	AIM Success Marketing Sdn. Bhd. is responsible to provide customers with at least 24 hours’ notice for scheduled maintenance or updates.
3.6	AIM Success Marketing Sdn. Bhd. hold the right to modify or terminate the Service for any reason, without notice at any time.
3.7	AIM Success Marketing Sdn. Bhd. reserve the right to refuse service to any party for any reason at any time.
3.8	AIM Success Marketing Sdn. Bhd. has the right to remove Web Store Content containing unlawful, offensive, threatening, libelous, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
3.9	AIM Success Marketing Sdn. Bhd. does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service.
3.10	AIM Success Marketing Sdn. Bhd. has the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment.
3.11	In the event of a dispute regarding Account ownership, AIM Success Marketing Sdn. Bhd. reserve the right to request documentation to identify and confirm Account ownership. Documentation may include a scanned copy of your SSM business license certificate, Company letterhead and so forth.
3.12	AIM Success Marketing Sdn. Bhd. has the right to determine, make final judgement of the rightful Account ownership and transfer the Account to the rightful owner.
3.13	If we are unable to reasonably determine the rightful Account owner, AIM Success Marketing Sdn. Bhd. reserves the right to temporarily disable the Account until resolution has been determined between the disputing parties.

4. RESPONSIBILITIES AND RIGHTS OF CLIENT

4.1	Client. You represent and warrant that (i) You are at least eighteen (18) years of age, (ii) You possess the legal right and ability to enter into this Terms of Service, and (iii) the performance of your obligations and use of the Services by you, your customers and users, will not violate any applicable laws, regulations or the rules and regulations or cause a breach of any agreement with any third parties or unreasonably interfere with other AIM Success Marketing Sdn. Bhd. clients’ use of Services. You assume all risks related to processing of transactions related to electronic commerce. You agree to provide AIM Success Marketing Sdn. Bhd. with accurate, complete and updated information required by the registration of the AIM Success Marketing Sdn. Bhd. host service (your Registration Data), including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). You agree to notify AIM Success Marketing Sdn. Bhd. within thirty (30) days of any changes in your Registration Data.
4.2	Breach of Warranties. In the event of the breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, AIM Success Marketing Sdn. Bhd. will have the right, in its sole discretion, to suspend or terminate immediately any Services.
4.3	Fees and Expenses. You shall be responsible for payment of all costs, fees and expenses assessed by third parties in the course of being provided Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which is governed by a separate agreement between you and a third-party domain name registrar.
4.4	Third-Party Software. Third-party software available through the Services may be governed by separate end user licenses. By using the Services and the third-party software, you agree to be bound by the terms of such end user licenses regarding the applicable third-party software. You consent and authorize AIM Success Marketing Sdn. Bhd. to delegate the authorizations you provide to AIM Success Marketing Sdn. Bhd. to its third party service provider(s) as AIM Success Marketing Sdn. Bhd. deems necessary or desirable to provide the applicable Services. You agree that the terms and conditions of this TOS, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this TOS, inure to the benefit of such third party service providers and such third party service providers are deemed to be third party beneficiaries of the TOS, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this TOS. You also agree that all reference to “AIM Success Marketing Sdn. Bhd.” within this TOS and any incorporated terms are also deemed to include, where applicable, AIM Success Marketing Sdn. Bhd.’s agents, such as the third party service providers.
4.5	Advertising, Solicitation, and Client Name Harvesting. You may not use the Services to send unsolicited advertising, promotional materials, or other forms of solicitation to the AIM Success Marketing Sdn. Bhd. clients or other Internet users unless you receive the express permission of such individuals. You may not use the means of unsolicited advertising to advertise a site hosted on the AIM Success Marketing Sdn. Bhd. network. You may not use the Services to collect or “harvest” user-names of AIM Success Marketing Sdn. Bhd. clients or other Internet users without the expressed prior permission of the member. AIM Success Marketing Sdn. Bhd. reserves the right to block or filter mass email solicitations sent from sites hosted on the AIM Success Marketing Sdn. Bhd. network.
4.6	Management of Site. You shall be solely responsible for all content available on or through its site, and shall at all times be subject to the terms of this TOS and any generally applicable guidelines and service standards published by AIM Success Marketing Sdn. Bhd.. You warrant that your site hosted on the AIM Success Marketing Sdn. Bhd. network (i) will conform to the AIM Success Marketing Sdn. Bhd. TOS (ii) will not infringe and will not contain any content that infringes on or violates any copyright, U.S. patent or any other third-party right; and (iii) will not contain any content which violates any applicable law, rule or regulation. AIM Success Marketing Sdn. Bhd. shall have no obligations with respect to the content available on or through any site hosted on the AIM Success Marketing Sdn. Bhd. network, including, but not limited to, any duty to review or monitor any such content. AIM Success Marketing Sdn. Bhd. reserves the right to block any site that violates any of the above-stated terms, or which in AIM Success Marketing Sdn. Bhd.’s sole discretion, AIM Success Marketing Sdn. Bhd. deems objectionable or offensive, or otherwise violates a law or AIM Success Marketing Sdn. Bhd. policy, or, in the alternative, to terminate this TOS in accordance with Section 8.3 herein.
4.7	Management of Content. All services provided by AIM Success Marketing Sdn. Bhd. may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Malaysia law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue. You agree to indemnify and hold harmless AIM Success Marketing Sdn. Bhd. from any claims resulting from the use of the service which damages you or any other party. Note: Pornography and sex-related merchandising are prohibited on any AIM Success Marketing Sdn. Bhd. server. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to AIM Success Marketing Sdn. Bhd. servers or any other server on the internet. Links to such materials are also prohibited. Examples of non-acceptable content or links: Pirated software Bulk Email related products Pornography/Nudity/Adult Content Hacking/cracking related websites Warez and/or copyrighted MP3s Illegal material or material that is against public policy Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.) AIM Success Marketing Sdn. Bhd. will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund!
4.8	Compliance Laws. You agree that you will use the Services only for lawful purposes and in accordance with this TOS. You will comply at all times with all applicable laws and regulations and the TOS, as updated by AIM Success Marketing Sdn. Bhd. PLT from time to time. The TOS are incorporated herein and made a part hereof by this reference. AIM Success Marketing Sdn. Bhd. may change the TOS, with notice, which notice may be provided by posting such new TOS at the AIM Success Marketing Sdn. Bhd.. You may request a current copy of the TOS by sending or faxing a request to AIM Success Marketing Sdn. Bhd.. You agree that you have received, read and understand the current version of the TOS.
4.9	Proprietary Rights. Unless otherwise specified, all work performed hereunder, is the property of AIM Success Marketing Sdn. Bhd., and all title and interest therein shall vest in AIM Success Marketing Sdn. Bhd.. To the extent that title to any such works may not, by operation of law, vest in AIM Success Marketing Sdn. Bhd. all rights, title and interest therein are hereby irrevocably assigned to AIM Success Marketing Sdn. Bhd.. All such materials shall belong exclusively to AIM Success Marketing Sdn. Bhd., and AIM Success Marketing Sdn. Bhd. shall have the right to obtain and to hold in its own name, copyrights, trademarks, registrations, or such other protection as may be appropriate to the subject matter; and any extensions and renewals thereof. You agree to give  AIM Success Marketing Sdn. Bhd. and any person designated by AIM Success Marketing Sdn. Bhd. such reasonable assistance, at AIM Success Marketing Sdn. Bhd.’s expense, as is required to perfect the rights defined in this paragraph.
4.10	Marketing Rights. You agree that AIM Success Marketing Sdn. Bhd. may refer to you, or your business in AIM Success Marketing Sdn. Bhd. marketing materials, the AIM Success Marketing Sdn. Bhd. website, and communication to AIM Success Marketing Sdn. Bhd.’s current and prospective clients. You grant SITEGIANT a limited license and permission to use any of your trade name and/or trademark for such, and only for such, purposes.
4.11	Copyright Violations. AIM Success Marketing Sdn. Bhd. will respond to all reports of infringement that are formatted in accordance with any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.
4.12	System Resource Usage. If AIM Success Marketing Sdn. Bhd.’s system administration team determines that your account is utilizing an unacceptable amount of system resources, AIM Success Marketing Sdn. Bhd. may temporarily deactivate the account in question. If AIM Success Marketing Sdn. Bhd.’s staff deems necessary, an eviction notice may be sent to you of an offending account providing you with ten (10) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases. AIM Success Marketing Sdn. Bhd. will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.
4.13	Domain Parking Circumvention. Any attempt to circumvent domain parking restrictions by using selective HTTP redirects or any other method to send traffic from parked domains to sites other than the main site is strictly prohibited. If multiple domain names with separate content are required, domain pointers must be used instead.
4.14	Backups. AIM Success Marketing Sdn. Bhd.’s hosting accounts include a nightly backup service, however these backups are for AIM Success Marketing Sdn. Bhd.’s administrative purposes only, and are in NO WAY GUARANTEED! You shall be responsible for maintaining your own backups on your own personal computers. AIM Success Marketing Sdn. Bhd. does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on AIM Success Marketing Sdn. Bhd.’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always backup your site’s contents by exporting it to CSV file to your personal computer! We make no guarantees about the availability of backups.
4.15	Support Abuse. At AIM Success Marketing Sdn. Bhd., we always treat our clients with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, you will be given ten (10) days notice to find a new host. We will issue a refund only for the unused portion of pre-paid service. Note: Due to our extremely high customer satisfaction rate, we have never had to invoke this clause.
4.16	Unsolicited Email (SPAM). SPAMing, or the sending of unsolicited email, from a AIM Success Marketing Sdn. Bhd. server or using a return email address that is maintained on a AIM Success Marketing Sdn. Bhd. is STRICTLY prohibited. Using SPAM to advertise a site hosted on AIM Success Marketing Sdn. Bhd.’s network also constitutes as a violation of this provision. AIM Success Marketing Sdn. Bhd. will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued. Help us STOP SPAM! Please email our abuse department immediately to report a violation of our SPAM policies.
4.17	Server Abuse. Any attempts to undermine or cause harm to a AIM Success Marketing Sdn. Bhd.’s server or client of AIM Success Marketing Sdn. Bhd. is strictly prohibited. AIM Success Marketing Sdn. Bhd. will be the sole arbiter as to what constitutes a violation of this provision. If you are found in violation of this provision, you will be subjected to account deactivation without refund. AIM Success Marketing Sdn. Bhd. will turn all available information about abuse incidents, including your contact data, over to the proper authorities and press charges.
4.18	Failure to Follow Policies. Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to AIM Success Marketing Sdn. Bhd.’s discretion). Any accounts and/or servers contained within AIM Success Marketing Sdn. Bhd.’s network must adhere to the above policies. We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund–and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required. AIM Success Marketing Sdn. Bhd. reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.

5. LIMITATION OF LIABILITY, NO OTHER WARRANTY AND DISCLAIMER

5.1	Limitation. In the event that any limited guarantees are provided by AIM Success Marketing Sdn. Bhd., such limited guarantees are null and void if you fail to follow other AIM Success Marketing Sdn. Bhd. policies or otherwise breach this Terms of Service in any respect.
5.2	No Other Warranty. AIM Success Marketing Sdn. Bhd. does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the Services or any information that may be obtained there from is at your own risk. The Services are provided on an “as is” basis, and your use of the Services is at your own risk. Except as provided in the order form(s), AIM Success Marketing Sdn. Bhd. does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. AIM Success Marketing Sdn. Bhd. does not represent or warrant that the Services will be uninterrupted, error-free, or completely secure. AIM Success Marketing Sdn. Bhd. does not warrant that the quality of any products, services, information, other material purchased, or any errors in the Service will be corrected. In no event shall AIM Success Marketing Sdn. Bhd. or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, AIM Success Marketing Sdn. Bhd. partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
5.3	Disclaimer of Actions Caused by and/or Under the Control of Third Parties. AIM Success Marketing Sdn. Bhd. does not and cannot control the flow of information to or from AIM Success Marketing Sdn. Bhd.’s network and other portions of the Internet. Such flow depends in large part on the performance of the Internet services provided or controlled by third parties. At times, actions or inactions of such third parties may impair or disrupt your connections to the Internet (or portions thereof). AIM Success Marketing Sdn. Bhd. cannot guarantee that such events will not occur. Accordingly, AIM Success Marketing Sdn. Bhd. disclaims any and all liability resulting from or related to such events.

6. INTELLECTUAL PROPERTY AND CUSTOMER CONTENT

6.1	Images displayed in the templates by AIM Success Marketing Sdn. Bhd. are solely for illustration purposes and the copyright belongs to the respective owners. AIM Success Marketing Sdn. Bhd. does not claim any intellectual property rights over the illustration images in the templates by AIM Success Marketing Sdn. Bhd. and the material you provide to the AIM Success Marketing Sdn. Bhd. service. All material you upload remains yours.
6.2	You can remove your AIM Success Marketing Sdn. Bhd.store at any time by deleting your Account.
6.3	By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow AIM Success Marketing Sdn. Bhd. to display and store your Store Content; and (c) that AIM Success Marketing Sdn. Bhd. can, at any time, review all the Store Content submitted by you to its Service.
6.4	You retain ownership over all Store Content that you upload to a AIM Success Marketing Sdn. Bhd. store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
6.5	We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
6.6	AIM Success Marketing Sdn. Bhd. shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
6.7	You acknowledge that these Terms of Service does not grant you any title or proprietary right or interest over AIM Success Marketing Sdn. Bhd. Services’ software and technology, and any other eCommerce solutions or services provided by AIM Success Marketing Sdn. Bhd.. You shall not perform or attempt to perform any of the following actions: Subleasing or otherwise offering for access any of the AIM Success Marketing Sdn. Bhd. Services to any third parties; Reverse engineering, reverse compiling or otherwise deriving the underlying source code, structure or sequence of AIM Success Marketing Sdn. Bhd. Services’ software and technology; or Deleting or altering author attributes or copyright notices (unless expressly permitted in writing by the author or owner).
6.8	“AIM Success Marketing Sdn. Bhd.” and its logos are trademarks of AIM Success Marketing Sdn. Bhd. and the compilation, collection, selection, arrangement, assembly and coordination of all content available on the AIM Success Marketing Sdn. Bhd. website are the exclusive copyright of AIM Success Marketing Sdn. Bhd..

7. INDEMNIFICATION

You agree to indemnify, defend and hold AIM Success Marketing Sdn. Bhd. and its affiliates, agents, employees, and licensors (including the third party service providers) harmless from any and all claim, demand, loss, costs or expense, including attorneys’ fees, made by any person arising out of your violation of this Terms of Service, State or Federal Securities laws or regulations, or any other person’s rights including but not limited to infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will AIM Success Marketing Sdn. Bhd. or its affiliates, agents, employees, or licensors (including third party service providers) be liable for any damages of any kind that result from the use of, or the inability to use, Services, even if any such party has been advised of the possibility of such damages.

In no event will AIM Success Marketing Sdn. Bhd. or its third party service providers be liable to you or any third Party for any tort, contract or any other liability arising in connection with the use of the Services, or reliance on any information or services provided by AIM Success Marketing Sdn. Bhd.. AIM Success Marketing Sdn. Bhd. and its third party service providers will under no circumstances be liable to you and/or any third party, regardless of the form of action, for any loss of profits, goodwill, use, data or other intangible losses, or any direct, indirect, special, consequential, incidental or punitive damages whatsoever, even if AIM Success Marketing Sdn. Bhd. or its third party service providers has been advised of the possibility of such damages, resulting from: (i) the use of the inability to use the Services; (ii) the timeliness, deletion, misdelivery, or failure to store any client data, communications or personalization settings; (iii) the cost of getting substitute goods and services resulting from any products, data, information or services purchases or obtained or messages received or transactions entered into, through or from the Services; (iv) statements or conduct of anyone on the Services; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party, even if the third party has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Services. You agree that you will not in any way hold AIM Success Marketing Sdn. Bhd. responsible for any selection or retention of, or the acts or omissions of, third parties (including third party service providers) in connection with the Client Services.

Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of AIM Success Marketing Sdn. Bhd. and its third party service providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states.

In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liability or remedies available as set forth in this Terms of Service, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this Terms of Service fail, then you expressly agree that under no circumstances will the total, aggregate liability of AIM Success Marketing Sdn. Bhd. and its third party service providers, employees, distributors, agents or affiliates, to you or any party claiming by or through you for any cause whatsoever exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.

8. SITE CONTENT MODIFICATION AND TERMINATION (EXIT PLAN)

8.1	Without Cause. This Terms of Service may be terminated by either party at any time during any Renewal Term for any or no reason upon either party giving to the other no less than five (5) days’ prior written notice of termination. No matter which party terminates the Terms of Service pursuant to this Section 8.1, any and all payment obligations of yours under this Terms of Service for Service(s) provided through the date of termination will immediately become due, and you shall be required to prepay for any portion of the Services that have not been paid for and are to be rendered during such five (5) day period.
8.2	For Cause. In addition to any other rights it may have under this Terms of Service or applicable law, AIM Success Marketing Sdn. Bhd. may immediately terminate this Terms of Service or suspend service, effective without notice, in the event of (i) a default in payment, or (ii) your breach or failure to comply with the Terms of Service or other policies of AIM Success Marketing Sdn. Bhd.. You may terminate this Terms of Service if AIM Success Marketing Sdn. Bhd. breaches any material term or written notice of same. If this Terms of Service is terminated by AIM Success Marketing Sdn. Bhd. under this Section 8.2, all balance of the then current term shall immediately become due and payable. In addition to the foregoing, AIM Success Marketing Sdn. Bhd. reserves the right to prohibit any conduct or to remove any materials or content in violation of the Terms of Service or which AIM Success Marketing Sdn. Bhd. believes in its sole discretion to be illegal or potentially harmful to others or may expose AIM Success Marketing Sdn. Bhd. to harm or liability.
8.3	No Liability for Termination. Neither party will be liable to the other for any termination or expiration of any Services of this Terms of Service in accordance with its terms.
8.4	Survival. The following provisions will survive any expiration or termination of the Terms of Service: Section 4, 5, 6, 7, and 8.
8.5	IP Address. Upon expiration, cancellation or termination of this Agreement, you shall relinquish any Internet protocol (“IP”) numbers, address or address blocks assigned to you by AIM Success Marketing Sdn. Bhd. or its network services supplier (but not the URL or top level domain connected therewith). AIM Success Marketing Sdn. Bhd. reserves, in its sole discretion, the right to change or remove any and all such IP numbers, addresses or address blocks.
8.6	Certain data that is stored in AIM Success Marketing Sdn. Bhd. can be migrated out personally such Customers, Products & Orders can be exported out via CSV File Format. Besides, Images and email data can be migrated out in raw format upon request.
8.7	Data will be removed after 2 months’ period of plan expiration. Within the 2 months’ period of plan expiration, you may contact AIM Success Marketing Sdn. Bhd. team for renewal of the eCommerce Plan. You reserve the right to request AIM Success Marketing Sdn. Bhd. team to perform immediate data removal at any time.
8.8	You own the ownership of domain name that is registered through AIM Success Marketing Sdn. Bhd.. You have the right to transfer the domain name to other services provider before 30 days of the domain expiration date or you may continue to renew the domain through AIM Success Marketing Sdn. Bhd. even though you cease the eCommerce plan subscription.
8.9	If a domain name expires and falls under suspension status, It can’t be renew. Unless a certain penalty fee to be paid for renewal.
8.10	AIM Success Marketing Sdn. Bhd. eCommerce engine, software, coding structure and cart systems cannot be transferred or migrated out from our server. Due it’s AIM Success Marketing Sdn. Bhd. intellectual property.
8.11	Any customization functions or additional add on services that is purchased for AIM Success Marketing Sdn. Bhd. eCommerce usage cannot be migrated out or request for refund when you stop your subscription with AIM Success Marketing Sdn. Bhd. service. *Exclude SSL Certificate.
8.12	AIM Success Marketing Sdn. Bhd. may make changes to your Store to rectify the infringing content if you breach any of the provisions of these Terms of Service and you fail to remedy it within the time period set out in our email notification to you or you fail to conform to the instructions in our notification to our absolute satisfaction.
8.13	You agree that AIM Success Marketing Sdn. Bhd. shall not be liable for any damage, foreseeable or unforseeable, direct or indirect, that may result from the changes made to your Store under this section 8.12.

9. SERVICE AVAILABILITY AND EXCLUSION TERMS

The guarantee does not cover service interruptions or performance issues that arise from:

9.1	Issue caused by the customer’s improper use of the platform or failure to follow instructions.
9.2	Downtime related to customer-side infrastructure or internet connectivity.
9.3	Downtime caused by third-party services or marketplace integrations (e.g., Shopee, Lazada, TikTok, etc.).
9.4	Performance issues arising from external systems (e.g., internet connectivity or hosting problems on the customer’s side).
9.5	Events of force majeure (e.g., natural disasters, widespread internet outages, government regulations).

10. PRIVACY POLICY

10.1	AIM Success Marketing Sdn. Bhd. values your privacy. By using the Service, you acknowledge, agree and accept all the terms and conditions of our Privacy Policy at .
10.2	For your information, AIM Success Marketing Sdn. Bhd. employs Secure Socket Layers (SSL) to protect all your personal information. AIM Success Marketing Sdn. Bhd. uses designated processors to handle all credit card payments and does not store any credit card information in any format or record.

11. GENERAL

11.1

Assignment. You may not assign this Terms of Service or any of your rights or obligations hereunder without the prior written consent of AIM Success Marketing Sdn. Bhd., and any such attempted assignment shall be void. This Terms of Service shall be binding upon the parties’ respective successors and permitted assigns.

11.2

Notices. Any notices or communication under this Terms of Service shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.

If to AIM Success Marketing Sdn. Bhd.:
Your Company Address: Lot 2208, Jalan Kusta, Kg. Jaya Industrial Area, 47000 Sungai Buloh, Selangor, Malaysia.

If to Client:
To Client address provided at account set-up.

11.3	Governing Law. This Terms of Service, and all future agreements you may enter into with AIM Success Marketing Sdn. Bhd., unless otherwise indicated on such other agreement, will be governed by the laws of the Malaysia, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with AIM Success Marketing Sdn. Bhd. in Malaysia or elsewhere. If any part of the Terms of Service is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. This Terms of Service and AIM Success Marketing Sdn. Bhd. policies are subject to change by AIM Success Marketing Sdn. Bhd. without notice. Continued usage of the Services after a change to this Terms of Service by AIM Success Marketing Sdn. Bhd. or after a new policy is implemented and posted on the AIM Success Marketing Sdn. Bhd. constitutes your acceptance of such change or policy. We encourage you to regularly check the AIM Success Marketing Sdn. Bhd. for any changes or additions.
11.4	Modifications. No modifications, amendment, supplement to or waiver of this Terms of Service or any exhibit hereunder, or any of their provisions shall be binding upon the parties hereto unless made in writing and duly signed by both parties.
11.5	Waiver. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.
11.6	Severability. In the event any one or more of the provisions of the Terms of Service or any exhibit is invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.
11.7	Force Majeure. AIM Success Marketing Sdn. Bhd. and its affiliates, agents, employees, or licensors (including third party service providers) shall not be liable for failure to perform any obligation under this Terms of Service if such failure is caused by the occurrence of any contingency beyond the reasonable control of such party, including without limitation, fire, flood, strike, and other industrial disturbance, failure to transport, accident, war, riot, insurrection, act of God or order of governmental agency. Performance shall be resumed as soon as possible after cessation of such cause. However, if such inability to perform continues for fifteen (15) days, the other party may terminate this Terms of Service without penalty and without further notice.
11.8	Independent Contractors. The parties to this Terms of Service are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Terms of Service shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.
11.9	Implied Agreement. CONTINUED USE OF THE SERVICES AND/OR PRODUCTS CONSTITUTES IMPLIED AGREEMENT WITH THIS TERMS OF SERVICE IN THEIR ENTIRETY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS ASSOCIATED WITH SAID SERVICES, INCLUDING THIS TERMS OF SERVICE.

YOUR ONLY RECOURSE IN THE EVENT OF A DISAGREEMENT IS TO TERMINATE THIS CONTRACT IMMEDIATELY IN ACCORDANCE WITH SECTION 8 HEREIN.

11.10

Entire Agreement. This Terms of Service, sets forth the entire agreement, and supersedes any and all prior agreements of the parties with respect to the transactions set forth herein. Neither party shall be bound by, and each party specifically objects to, any term, conditions or other provisions which are different from or in which is proffered by the other party in any correspondence or other document, unless the party to be bound thereby specifically agrees to such provision in writing.

11.11

No Party Deemed Drafter. In the event that any provision hereof is construed by a court of law or equity or an arbitrator, no provision herein shall be construed more harshly against either party as drafter.

12. MODIFICATION

AIM Success Marketing Sdn. Bhd. reserves the right to modify or revise this terms of service at any time.