Terms of Service

These Terms of Service (“Terms”) establish a contractual agreement between yourself and Plancy Asia Co., Ltd, delineating the protocols governing the utilization of our website, located at plancyasia.com (the “Site”), as well as the comprehensive array of products and services proffered by Plancy Asia Co., Ltd. Through the affirmative acceptance of these stipulations, the act of accessing or employing the service or site, or the explicit authorization or sanctioning of any agent or end-user to gain access to or employ the service, signifies your concurrence to be irrevocably bound by these said terms. Should you be entering into this contractual agreement on behalf of an enterprise, institution, or other legally recognized entity (hereby referred to as an “entity”), your concurrence to these terms is indicative of the entity’s concurrence, coupled with your attestation to Plancy Asia Co., Ltd of possessing the requisite authority to legally obligate the said entity and its affiliated entities to these terms. In such an event, the terms “you,” “your,” or related terminology characterized by capitalization contained herein shall pertain to the aforementioned entity and its affiliates. Lacking such authority, or in the event of dissent concerning these terms, acceptance thereof is impermissible, thereby precluding utilization of the service. For any inquiries or clarifications regarding the content of these terms, we cordially invite you to contact us via our official website or communicate with us via email at [email protected].

Service

Plancy Asia Co., Ltd (registration number: 137816016), herein referred to as “Plancy Asia,” “we,” “us,” and/or “our,” is dedicated to delivering hosted integrated cloud ERP solutions, digital assets (business email hosting, digital marketing packages, cloud hosting) and relevant software, collectively termed as the “Service.” Plancy Asia extends this service to you and any individual or entity to whom you have granted access rights to the Service through your account, either as an agent and/or administrator, identified via a unique login (“agent”) or as an end-user engaging with you or your agents through the Service (“end user”). These provisions are contingent upon adherence to the present terms, inclusive of all subsequent amendments and/or additional regulations that may be promulgated periodically by Plancy Asia.

On occasion, we may apprise you of updates, modifications, or new iterations of the Service. Your utilization of the updated or novel renditions of the Service will signify your concurrence with the revised or novel Service and will be subject to the stipulations outlined in these terms.

You agree not to use the Service

Kindly be advised that the following stipulations shall govern the use of our services:

Prohibition of Inappropriate Content: Users are strictly prohibited from engaging in any display, uploading, or promotion of materials that encompass obscene, indecent, pornographic, or sexually explicit activities or content. Additionally, any actions that aim to endorse abusive, threatening, hateful, harmful, harassing, libelous, or violent behavior are strictly proscribed.

Discrimination Avoidance: It is imperative that users refrain from promoting any form of discrimination based on factors such as race, sex, religion, nationality, disability, sexual orientation, or age.

Legal and Ethical Bounds: Users must abstain from any promotional activities that relate to illegal pursuits or the violation of applicable laws. Moreover, any infringement upon the intellectual property rights of third parties is strictly forbidden.

Interference with Service Functionality: Actions undertaken by users that hold the potential to obstruct the utility, enjoyment, deployment, or operation of our service by other individuals are deemed unacceptable.

Content Posting Restrictions: Users are prohibited from posting, storing, or transmitting any content that falls within the following categories: a) content for which the user lacks lawful posting rights, whether under legal regulations or contractual/fiduciary relationships; b) content that incorporates software viruses or any other forms of computer code, files, or programs intended to disrupt, destroy, or limit the functionality of computer software, hardware, or telecommunications equipment; c) content that poses a privacy or security risk to any individual; d) unsolicited or unauthorized advertising, promotional materials, commercial activities, sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or similar solicitations; or e) any content that, according to the sole judgment of Plancy Asia, is objectionable.

Protection of Minors: It is expressly prohibited to solicit personal information from or gather information about individuals under the age of 13. Likewise, the collection of email addresses or other contact details of fellow users through electronic or alternative means for the purpose of disseminating unsolicited communications or emails is not permitted.

Unauthorized Business Activities: Users are restricted from advertising or offering to purchase or sell goods or services for business purposes not specifically endorsed.

Unauthorized System Interaction: Users shall not attempt to modify, adapt, hack, or gain unauthorized access to our service, its related systems, or networks.

Editorial Discretion: Plancy Asia retains the prerogative to decline transmission or remove any information or materials that, in its exclusive judgment, are deemed unacceptable, inappropriate, undesirable, or in contravention of the law or these stipulations.

Temporary Suspension of Service: In addition to the rights elucidated in the termination section of these terms, Plancy Asia reserves the right, at its reasonable discretion, to temporarily suspend user access and service utilization: a) during scheduled downtimes for service upgrades and maintenance (with reasonable notice provided); b) during instances of unavailability due to circumstances beyond Plancy Asia’s control, such as technical failures, acts of war, civil unrest, acts of vandalism, natural disasters, strikes, acts of government, or force majeure events; or c) in cases where malicious software associated with the user’s account or usage is suspected or detected.

We trust that these guidelines will be duly acknowledged and adhered to by all users of our services. Should any clarifications or concerns arise, we remain at your disposal to address them. Your cooperation in upholding these principles is greatly appreciated.

Termination

Either Plancy Asia or the customer retains the prerogative to conclude this Agreement or Order. This termination can occur with or without explicit cause, contingent upon the issuance of a written notice at least ten (10) business days prior to the designated termination date. Such notice shall be directed to the other entity unless otherwise stipulated in the provisions of the Order.

In accordance with the terms set forth in this Agreement or the statutes of Myanmar, and without diminishing any other entitlements vested in Plancy Asia, the company reserves the sole and unrestricted authority to temporarily halt the execution of its responsibilities or the furnishing of Services. This includes actions such as the removal and disposal of any User Content. Additionally, Plancy Asia possesses the discretion to instantaneously terminate this Agreement or Order, without prior notification, given the occurrence of the following conditions:

(a) Failure to remit payment for any outstanding fees owed to Plancy Asia.

(b) A substantial violation of any clause within this Agreement or Order.

(d) The determination that your utilization of the Services is deemed inappropriate.

omitted by us in the presentation or delivery of Services (inclusive of any service).

(b) The imperative to safeguard the reliability and consistency of any service, while also addressing any inaccuracies that may arise.

(d) The obligation to comply with legal injunctions against you, your domain, your business email, your software, your website, or any relevant Laws.

(e) The commitment to adhere to requests from law enforcement entities, encompassing subpoenas.

(f) The adherence to prescribed dispute resolution procedures.

(g) The pursuit of legal recourse, or the anticipation thereof, without regard for the eventual determination of the legitimacy of such action.

(h) The endeavor to forestall any potential civil or criminal liability that might implicate Plancy Asia, including its executives, directors, staff, and agents, as well as its affiliates. This extends to cases wherein litigation has been initiated or threatened against us by your entity.

(e) The existence of substantial evidence indicating that you are a recurring offender.

(f) The engagement in abusive, harassing, or threatening behavior directed towards Plancy Asia and/or its workforce.

Notwithstanding the foregoing stipulations, Plancy Asia explicitly reserves the privilege to reject, annul, terminate, suspend, secure, or modify access to (or control of) any Account or Services. This encompasses the authority to cancel or transfer any domain name registration, based on a multitude of reasons, which include, but are not confined to, the subsequent circumstances:

(a) The necessity to rectify any errors that may have been c

Indemnification

Each entity, at its own expense, hereby agrees to provide protection, defense, indemnification, and to hold harmless the other entity, along with the officers, employees, directors, agents, affiliates, subsidiaries, successors, and assigns of said entity, from and against any and all claims, demands, damages, liabilities, losses, government fines, costs, and expenses (including, but not limited to, reasonable attorney’s fees and litigation expenses) imposed upon or incurred by an entity directly or indirectly arising from:

(i) The utilization of the Services;

(ii) Any breach of any provision within this Agreement or Order, which is herein incorporated; and/or

(iii) Any violation of any third-party right, inclusive of, but not limited to, any intellectual property or other proprietary right.

The obligations of indemnification stipulated in this Clause are subject to the following conditions:

(a) Notification in writing by the indemnified entity, to be conveyed via email, message, or any other suitable means, to the indemnifying entity within a span of 30 days from the date of the indemnified entity’s reception of any Claim necessitating indemnification;

(b) Retention of counsel for the indemnified entity that is reasonably acceptable to the indemnifying entity;

(d) A reasonable degree of cooperation by the indemnified entity in the course of the defense, as per the requisites communicated by the indemnifying entity.

Notwithstanding any contrary provision herein contained, the indemnifying entity shall refrain from settling, compromising, or consenting to the entry of any judgment in relation to any pending or imminent Claim, unless prior written consent from the indemnified entity is secured. Such consent must encompass a clear, unconditional release of the subject Claim against the indemnified entity.

In the event that Plancy Asia is notified of a claim that, in its reasonable assessment, is likely to culminate in an unfavorable ruling, Plancy Asia shall have the prerogative to:

(i) Secure the continuation of Customer’s usage of said Service or Deliverable;

(ii) Modify the Service or Deliverable to render it non-infringing;

(iii) Substitute the Service or Deliverable with an equivalent that is non-infringing; or

(iv) Reimburse any previously paid fees for the purportedly infringing Services that remain unexecuted, or provide a reasonably depreciated reimbursement for the purportedly infringing Deliverable.

Notwithstanding the foregoing, Plancy Asia bears no responsibility under this Clause for any claim resulting from or connected to:

(i) Modifications to the Services or Deliverables made by Customer, independently of Plancy Asia’s involvement;

(ii) The amalgamation, operation, or application of the Service or Deliverable in conjunction with a third-party product or service, the amalgamation of which results in the infringement; or

(iii) Compliance by Plancy Asia with the written specifications or directives of Customer, encompassing the integration of any software or other materials or processes furnished by or at the behest of Customer.

The customer is bound to defend, indemnify, and hold Plancy Asia harmless from any third-party claim or action arising from

(i) the Customer’s failure to procure the requisite license, intellectual property rights, or any other permissions, regulatory certifications, or approvals linked to Customer-provided technology, software, or other components tied to the Service, along with software directed or requested by Customer for installation or integration as a facet of the Services; or

(ii) Any inaccurate representations concerning the existence of a license, or any allegation directed towards Plancy Asia due to Customer’s infringement, or alleged infringement, of the laws and regulations of Myanmar, as well as orders.

Intellectual Property

It is hereby recognized and mutually consented that Plancy Asia maintains exclusive ownership over the service, encompassing, but not confined to, all relevant copyrights, patents, trademarks, trade secrets, database rights, treaties, and any other associated intellectual property rights. Plancy Asia’s collection and utilization of personally identifiable data, as procured during the execution of its commitments under this agreement, will adhere to the extant Plancy Asia privacy policy. It is duly acknowledged that your subscription or utilization of the service does not confer upon you any entitlement to the intellectual property therein. Moreover, full and undivided ownership rights to the service will unequivocally remain vested in Plancy Asia, and you shall not accrue any entitlements to the service, save as explicitly detailed herein. The transmission of any information, including but not restricted to login credentials, which is extended to you in your capacity as a licensee by Plancy Asia, is expressly proscribed. All rights not explicitly granted herein are hereby reserved.

Terms and Conditions