Terms and Conditions

These terms and conditions constitute a binding agreement and govern an entity or person accessing to our website and use of our services, including mobile application, software, hardware, and cloud service (the "Service"), you are deemed to have fully read, understand and agree to these terms and conditions as may be amended by us from time to time.

If you are entering this agreement on behalf of a company or other legal entity, you are representing that you have the authority to bind that entity, its affiliates, and all users who access our website or use our services.

If you do not agree to any of these terms and conditions, please contact us before accessing them. By accessing the service, you are deemed to agree to terms and conditions.

Definitions

For the purpose of these terms and conditions, the following terms have the meaning as defined below:

“TARCH”, “Our” or “We” in this Terms of Use refer to TARCH SYSTEMS Sdn Bhd, includes its affiliated companies

“You”, “Your”, “User”, “Visitor”, “Customer” refer to person or entity that uses or access TARCH services and products.
“Service or Products” refers to hardware, software, websites, and cloud services respectively, or as a combination offered by TARCH.
“On-Premise” refers to the entire service or partial service deployed within your physical building.
“Cloud service” refers to a software service delivered via over the internet. The software is hosted in a secured data center, provided by 3rd party hosting vendor.
“Facial recognition” or “FR” refers to technology that able to recognize the human face
"ARIES" is one of the products or services offered by TARCH. ARIES may be offered as a standalone cloud service or combined with facial recognition hardware.

Privacy

We respect your privacy. A complete statement of our privacy policy can be found here. Our privacy policy is incorporated by reference into this agreement.

Use of the Service

In order to use our website and/or our services, your company must be incorporated in Malaysia and governed by Malaysia law.

Our service may comprise hardware, software, and cloud service. The entire or partial service can be deployed at your premises or delivered via the internet.

You will be responsible to maintain, administrate and operate the on-premise service.

We will not be liable for any loss or damage from your failure to comply with this security obligation. Your login may only be used by one person - a single login shared by multiple people is not permitted.

You may not use the service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to privacy and confidentiality infringement, copyright or trademark laws).

If you are using the service includes the use of facial recognition hardware, it is your responsibility to operate, maintain, administrate and ensure the security of the hardware as well as the data within your own premise.

You are responsible for maintaining the security of your account and password.

All the data registered in the hardware belong to you and it is your responsibility to maintain and administrate it. A fraction of data will be stored in the cloud service for a maximum of 90 days. Data of more than 90 days shall be purged from the services.

Our service may not be available to be accessed from all regions and countries of the world. We reserve the right, in its sole discretion, to limit or terminate your ability to access our service from certain regions or countries, and you assume all risk associated with the accessibility of our service from any given region or country of the world.

We use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service. Our service availability is subject to the availability of these third-party service providers.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the service

You agree not to reproduce, distribute, duplicate, copy, sell, resell or exploit any portion of the service, use of the Service, or access to the service without our express written permission.

We do not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.

Warranties & responsibility for services

The warranty is only applicable to the service with facial recognition hardware.

The warranty for hardware and services is subject to sales and purchase agreement.

When we receive a hardware-related issue, depending on the sales and support agreement, we will provide the necessary support arrangements or we will escalate the support to our partners or manufacturer. Once we determine it is a hardware failure, we shall arrange for part replacement

Ownership of intellectual property, copyrights, and logos

We reserve all rights in its corporate names, service marks, logos, trade names, websites, and domain names (collectively “Marks”), and nothing in this T&C grants you the license to use such Marks.

No logo, layout, graphic, or image from the website, application service site may be copied or retransmitted unless expressly permitted by TARCH.

Right to suspend or cancel service

We may permanently or temporarily terminate or suspend your access to the cloud service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to leasing, subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

Modifications to the Service and Prices

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the cloud service (or any part thereof) with or without notice.

Our prices, including but not limited to annual subscription plan fees, 3rd party leasing plan, and upright purchase are subject to change upon 30 days’ notice. Such notice may be provided at any time by posting the changes to the TARCH websites, email communication, or the service itself.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the service.

Disclaimers and Limitation of Liability

The service is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy. To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website and service. We make no warranty that the functionality of the website and service will be uninterrupted or error-free, that defects will be corrected, or that the website or the service that makes it available are free of viruses or anything else, which may be harmful or destructive.

You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, privacy and confidentiality infringement, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) any unauthorized access to or use of our servers and/or any and all personal information stored therein (v) statements or conduct of any third party on the service; (vi) or any other matter relating to the service.

Our failure to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision. The terms of service constitute the entire agreement between you and us and govern your use of the service, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the terms of service).

Indemnity

You agree to indemnify, defend and hold TARCH, its officers, directors, employees, agents, shareholders, licensors, suppliers, and any third party information providers to TARCH Service and Website harmless from and against all losses, expenses, damages, and costs, including attorneys’ fees, resulting from any violation by you of this T&C or asserted by any third party due to or arising out of your use of or conduct on TARCH Website and Service.

Promotion

You agree to receive from time to time promotional messages and materials from us, by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.

Governing Law

These Terms and Conditions shall be construed in accordance with and governed by the law of Malaysia and you hereby agree to submit to the exclusive jurisdiction of the Malaysian courts.

If there are any questions or concerns regarding this Terms of Service or the consent practices outlined herein, please contact us as follows:

Email: admin@TARCH.com.my

Mail: D815, Capital 4, Oasis Square, No.2, Jalan PJU1A/7A, Oasis Damansara, 47301 Petaling Jaya, Selangor

Phone: +603-7629 8620

(Last updated: 17 Nov 2021)