1.1 The headnotes to the clauses in this Agreement are for reference purposes only and shall not affect the interpretation of any part thereof.
1.2 Unless inconsistent with the context, the words, and expressions set forth below shall bear the following meanings:
“This Agreement” : this Agreement is between the Subscriber and STOPANIK as agreed when the STOPANIK tracking system is purchased and installed;
“The Registration Form” : that part of this Agreement, being the Subscriber application form, which identifies the Subscriber and wherein provision is made for other particulars concerning this Agreement to be completed;
“STOPANIK” : Stopanik Sdn Bhd; or its appointee that provides the STOPANIK Service;
“STOPANIK tracking unit” : the device and related equipment designed to communicate telematics signals from the Vehicle to the STOPANIK servers within the Network for purposes intended by this Agreement;
“Network” means the GSM (Global System for Mobile Communication) network, RF (radio frequency) network or satellite network over which the STOPANIK Service is provided;
“STOPANIK support center” : the center where signals between itself and the STOPANIK tracking unit will be monitored and acted upon the request of the Subscriber;
“The STOPANIK Service” : the service provided for the telematics tracking and recovery assistance of stolen vehicles;
“The Subscriber” : the person or persons who subscribe to the STOPANIK Service;
“Contact person” the Subscriber’s contact person(s) as notified to STOPANIK;
“The Vehicle” : the Vehicle (s) installed with the STOPANIK tracking unit
“The Agent” : the person (if any) described as such in the Registration Form;
“False Alarm” : a signal from the STOPANIK tracking unit or message from the Subscriber according to which steps are taken to render the STOPANIK Service but where STOPANIK or STOPANIK later determines that the relevant STOPANIK Service is or was not required;
“The date of installation” the date of which The Vehicle was installed with the STOPANIK tracking unit;
“SCUP” : STOPANIK Community User Program organized as an initiative for fast recovery among STOPANIK’s Subscriber and Polis Diraja Malaysia (PDRM);
1.3 Words importing to the singular shall include the plural and vice versa, and words importing one gender shall include the other gender; any reference to an actual person shall include a body corporate, firm, or association and vice versa.
2.1 STOPANIK hereby employs STOPANIK Authorized Installer to provide the STOPANIK installation Service to the Subscriber and the STOPANIK Authorized Installer to do so, upon the terms and conditions set forth in this Agreement.
3.1 Subject to the provisions of this Agreement, the Subscriber’s obligations under this Agreement shall take effect upon the date of installation hereof by the Subscriber and STOPANIK. It is considered that this Agreement is agreed to by the Subscriber once the STOPANIK tracking system is purchased and installed.
4.1 The STOPANIK Service cannot be revoked or rendered unless a STOPANIK tracking unit is installed correctly in the Vehicle by a STOPANIK authorized installer centre and such STOPANIK tracking unit is programmed enabled, and functioning to its manufacturer’s specification. Only STOPANIK approved STOPANIK tracking units may be used for purposes of this Agreement. This Agreement does not provide for the supply, installation, programming (encoding), and enabling of the STOPANIK Tracking unit.
4.2 It is the duty of the Subscriber to ensure that the Tracking Unit is in working order, either by App or via self-internet access if available. Notwithstanding any contrary provisions contained in this Agreement, STOPANIK (but not the Subscriber) shall be relieved of its obligations under this Agreement during any period in which the STOPANIK tracking unit is not functioning.
4.3 The Subscriber shall notify the STOPANIK support center immediately of every theft signal of the STOPANIK tracking unit, which has been accidentally or unintentionally activated. The Subscriber accepts responsibility for the consequences of any accidental or unintentional activation of the STOPANIK tracking unit, it being agreed that such results may include the police or response teams responding pursuant to any such activation and making wrongful arrests.
5.1 The STOPANIK Service is available only within the Network where STOPANIK and/or Telco network exists for GSM/GPRS, and STOPANIK shall accordingly not be obliged unless otherwise provided for in this Agreement to render any of the STOPANIK Service outside the Network area.
5.2 GPS coverage will be affected by topography and tinting of Vehicle.
5.3 The Subscriber should be aware that GPS drift and environmental factors can often affect the location's accuracy. For example, buildings, basements, and tunnels are the things that cause GPS drift.
5.4 The sim card that comes with the device from STOPANIK is active for three years. After the SIM card's active period is over, the Subscriber will be charged a fee for the SIM card extension.
5.5 If The Subscriber wishes to use the SIM card himself, a warranty automatically voids, and STOPANIK would not be liable if a device issue prevents the device from updating to the system.
5.6 Concerning the breakdown of the 3G Network in Malaysia, devices from Stopanik using the 3G will be no more under Stopanik responsibility scope of services
5.7 The Subscriber is prohibited misuse a SIM card that been provided by STOPANIK inside a tracking unit. If found, it automatically breaches this Agreement, and legal action will be taken upon The Subscriber.
6.1 Subject to the provisions of this Agreement, STOPANIK shall provide or procure the provision of the service to respond to stolen vehicles via STOPANIK Community User Program (SCUP) and Police resources to track and recover such Vehicle within the Network area where STOPANIK network exists and any expanded recovery assistance area, whilst the STOPANIK tracking unit is still functional, and the STOPANIK support center is receiving telematics location data of the Vehicle, on a best effort basis. STOPANIK does not monitor the Vehicle for movement nor initiates recovery services until a theft has been reported to the support center and confirmed by the Subscriber with supporting Police report;
6.2 The Subscriber accepts that the nature of the service depends on:
6.2.1 The type of STOPANIK tracking unit installed;
6.2.2 The response and recovery assistance procedures adopted by STOPANIK and/or its agents, which procedures are subject to change from time to time at its sole discretion.
6.2.3 STOPANIK does not guarantee recovery of stolen vehicles or assets protected nor accepts the responsibility of damages and losses caused during the recovery or after the recovery or protects assets within the Vehicle. STOPANIK reserves the right to charge for recovery services at a minimum of RM2,000 if recovery services have not been subscribed to.
6.3 STOPANIK does not monitor vehicle movements nor alerts. All monitoring is to be undertaken by the Subscriber.
6.4 Recovery services are only applicable within Malaysia via Police (PDRM) and initiative by STOPANIK Community User Program (SCUP)
6.5 STOPANIK does not provide Towing Services. It only coordinates with the Subscriber's insurance towing service (3rd Party) if available by providing the GPS location of the STOPANIK tracking unit. STOPANIK and/or its affiliates are not responsible for any damages pertaining to the unavailability or response of these services.
6.6 STOPANIK does not provide any emergency/ambulance services. It only coordinates with local ambulance services (3rd Party) available by providing the GPS location of the STOPANIK tracking unit. STOPANIK and/or its affiliates are not responsible for any damages pertaining to the unavailability or response of these services.
7.1 The Subscriber shall pay STOPANIK the Subscription Fee plus all increases thereto pursuant to “the Subscription Fee”) annually in advance two months before the annual Agreement expires, provided that the first such Maintenance Fee shall be paid upon signing of this Agreement. Any fees paid by is non-refundable.
7.2 STOPANIK reserves the right to increase the Subscription Fee at its discretion.
7.3 False Alarms – If, as a result of a signal from the STOPANIK tracking unit, or at the Subscriber’s insistence or request, or the request of any authorized representative of the Subscriber or any authorized user of the Vehicle, STOPANIK renders any service not otherwise required of it in terms of this Agreement, the Subscriber shall pay STOPANIK an amount determined in accordance with STOPANIK’s standard rates for any such service rendered and all incidental costs incurred thereon. The Subscriber may limit such charges by immediately notifying the STOPANIK support center of every false alarm.
7.4 The Subscriber shall bear all the costs relating to the use of the SIM Card including the cost of voice calls credit, messages credit, facsimiles, and any other related expenses, notwithstanding; that the SIM Card may, through no fault of the Subscriber, have been lost and fraudulently used by a third party and international roaming, Voice and/or other features activated at the Subscriber’s request.
7.5 Government tax will be imposed when implemented.
8.1 The Subscriber shall effect all payments in terms of or arising from this Agreement in such manner as determined from time to time by STOPANIK.
8.2 The Subscriber shall not be entitled to withhold payment of any amounts due under the Agreement because the equipment is damaged or cannot be operated or used.
9.1 Where the STOPANIK is required to notify the Subscriber or its contact pursuant to this Agreement, such notice shall be effected by email and/or telephone to the Subscriber or its contact person, as the case may be, at such Telephone number(s) / email as notified in writing by the Subscriber to STOPANIK from time to time. Any notices sent via email to the email address provided in the registration form is deemed received. Where STOPANIK cannot reach the Subscriber or its contact person at the given Telephone number(s) and/or email, STOPANIK shall be relieved of the duty to provide any such notice.
10.1 The Subscriber acknowledges, confirms & understands that the STOPANIK Services are intended to reduce the risk of loss of the Vehicle, but not eliminating of such risk. STOPANIK shall not be liable for any loss or damage whatever nature caused to the Vehicle or the Subscriber in consequence of any act, omission or negligence by STOPANIK /Subscriber or any failure by the STOPANIK /Subscriber or perform the STOPANIK Service pursuant to this Agreement; or any failure by the Subscriber to perform or observe the terms and obligations under this Agreement.
10.3 STOPANIK shall further not be liable to the Subscriber for any loss or damage of whatsoever nature caused to the Vehicle or the Subscriber in consequence of any emergency services performed by 3rd parties or lack of contact/coordination with 3rd parties.
11.1 The Subscriber warrants the accuracy of all the information furnished by or on behalf of the Subscriber to STOPANIK in terms of or pursuant to this Agreement. If any information required to complete the transaction schedule is not available or has not been completed or furnished at the time of execution of this Agreement by the Subscriber, the Subscriber shall furnish such information in writing to STOPANIK immediately once it becomes known or available to the Subscriber.
11.2 The Subscriber shall forthwith notify STOPANIK via email of any change(s) in the information set forth in STOPANIK Agreement From or furnished to STOPANIK from time to time in accordance with the standard practice or procedures of STOPANIK.
11.3 Should any of the aforesaid information change and not be notified in writing to STOPANIK or should any information supplied not be correct in any respect, and then the Subscriber agrees to hold STOPANIK harmless.
If the Subscriber:
12.1 Fails to pay any amount due under this Agreement by the due date, or
12.2 Fails in the performance of any of its obligations hereunder or breaches any term or condition of this Agreement, or
12.3 In STOPANIK’s opinion, reasonably exercised, consistently raises false alarms or abuses the STOPANIK service, STOPANIK may immediately thereupon suspend its obligations under this Agreement and/or, simultaneously therewith or thereafter terminate this Agreement without prior notice to the Subscriber. Any such suspension and/or termination shall be without prejudice to any other rights, which STOPANIK may then have at law. Upon termination of this Agreement for whatever reason, all amounts payable by the Subscriber to STOPANIK shall become due and payable.
13.1. Any account not renew first day of the expired date will be given a seven (7) day grace period. If payment is not made within the seven (7) day grace period, Stopanik reserves the right to charge a RM 150 late fee. Late fee will be increase up to RM 250 after forteen (14) day grace period. Thirty (21) days following expiry date for non-payment, Stopanik reserves the right to terminate Service(s).
13.2. Stopanik is not liable for any damages or losses incurred as a result of your account being suspended or terminated. Furthermore, Stopanik maintains the right to refuse to reactivate your Services unless your renewal subscription is paid before to your account being terminated.
14.1 A certificate signed by any director or manager or any other duly authorized agent for the time being of STOPANIK in respect of any indebtedness of the Subscriber of STOPANIK under the Agreement or otherwise in respect of any other fact shall be prima facie evidence of the Subscriber’s indebtedness to STOPANIK and/or such other fact. It shall not be necessary to prove the appointment of the person signing any such certificate.
15.1 All telematics data collected from the STOPANIK GPS Tracking System is owned fully by STOPANIK. This data could be shared with Police, Insurance companies, car manufacturers or sub-contractors. Personal information, such as names, phone numbers and emails are protected by PDPA. For more up-to-date information, visit our website.
16.1 If STOPANIK is prevented or restricted directly or indirectly from carrying out all or any of its obligations under this Agreement by reason of force majeure, being a cause beyond the control of STOPANIK, including but not limited to Acts of God, acts or regulations of any governmental authority, war or national emergency, accident, increment of weather, fire, riot, strikes, lock-outs, industrial disputes or epidemics or if STOPANIK ceases operations, STOPANIK shall be relieved of its obligations hereunder during the period that such event continues by only to the extent so prevented and shall not be liable for any delay or failure in performance of its obligations hereunder. The existence of such force majeure shall not preclude the Subscriber from terminating this Agreement in accordance with the provisions hereof.
17.1 This Agreement shall in all respects be governed by and construed in accordance with the laws of Malaysia, and all disputes, actions and other matters in connection with the Agreement shall be determined in accordance with such laws.
17.2 Should any provision of this Agreement be rendered unlawful (retrospectively or otherwise). That unlawful provision only shall be deemed to be modified to the extent and in the manner necessary to render it consistent with the enactment rendering it illegal or, if such modification is impossible, be deemed to be severable from the remaining provisions hereof and pro-non-scripto. In either such event notwithstanding anything contrary in this Agreement contained, STOPANIK and the Subscriber respectively shall have all the rights conferred on them by the law rendering such provision unlawful.
17.3 This Agreement sets out the entire Agreement and understanding between the parties and supersedes all prior agreements, written or in connection with the subject matter hereof.
17.4 No addition to, variation or consensual cancellation of this Agreement shall be of any force or effect unless in writing and signed by or on behalf of all the parties.
17.5 No indulgence which any of the parties (“the Grantor”) may grant to any other or others of them (“the grantee(s)”) shall constitute a waiver of any of the rights of the Grantor, who shall not thereby be precluded from exercising any rights against the grantee(s) which might have arisen in the past or which might arise in the future.
17.6 The Subscriber shall not be entitled to cede or delegate its rights or obligations in terms of this Agreement without the prior written consent of STOPANIK. or its appointee that provides the STOPANIK Service; shall be entitled to cede or delegate its rights and/or obligations under this Agreement.
17.7 The Subscriber agrees that STOPANIK reserves the right to use and/or make public all information related to the recovery of the Subscriber’s Vehicle or data/information collected by the STOPANIK tracking system.
18.1 The Subscriber agrees to and confirms towards STOPANIK that, in as much as the Subscriber will be financed through a bank or financial institution or otherwise, for the installation of the STOPANIK tracking unit as provided for in this Agreement, specifically with reference to the period of finance, buy without derogating from the generality hereof, will prevail mutates mutandis over the terms and conditions of this Agreement, and the Subscriber, as a consequence of the confirmation herein, admits that the Subscriber will not be entitled to terminate this Agreement prior to the lawful termination of any such finance agreement.
18.2 The parties confirm and agree that the rationale for the provision of clause 1 hereof is that a legal relationship will be established between STOPANIK and such financier, creating reciprocal legal rights and obligations, which rights and obligations may be detrimentally affected in the event of premature termination of this Agreement vis-à-vis such financing agreements.
19.1 The Subscriber agrees to and confirms towards STOPANIK that the tracking unit is the property of STOPANIK, during and at the end of the term. When the term of the contract expires or terminates the contract prematurely, the Subscriber shall return in the condition it was first received. The Subscriber shall agree to the schedule proposed by STOPANIK to remove the tracking unit and pay for removal fees.
19.2 The Subscriber shall sustain a subscription fee of at least 3 months for maturity condition
19.3 If the Subscriber must give three (3) months prior notice to terminate the contract prematurely with a minimum subscription period 3 months and agrees to pay the penalty 50% of the total remaining month's subscription fee and removal charges.
19.4 If the Subscriber terminates the contract prematurely not exceed the maturity period, the Subscriber shall pay 100% of the total remaining months.
19.5 The Subscriber shall ensure the subscription fee does not exceed than the due date. Fail to do so, penalty will be imposed as per flow chart 1.0.
19.6 No penalty will be imposed if STOPANIK been acknowledged by the Subscriber to terminate the contract if all conditions have complied. The Subscriber shall only pay removal charges.
19.7 The Subscriber will get a refund of the subscription fee if the Vehicle was not found due to a suspected theft event. The refund can obtain after the Subscriber provides the claim payment acknowledgment or report by Vehicle’s insurance provider. Stopanik will refund the total accumulated fee maximum of up to 12 months started after the maturity period 3 months only.
19.8 STOPANIK have no responsibility to refund the accumulated subscription fee if the Subscriber under the process of termination.
19.9 STOPANIK have no responsible to refund the accumulate subscription fee if the Subscriber’s subscription not exceed than 3 month for maturity period.
20.1 All costs and expenses, including stamp duty payable under this Agreement shall be borne by STOPANIK. Each party shall bear its own Solicitor’s costs.
20.2 All incidental costs, including but not limited to towing, fuel, toll charges, etc., shall be borne by the Subscriber during the course of recovery.
21.1 Dealers are re-sellers of the STOPANIK tracking unit and are appointed by STOPANIK Sdn Bhd.
21.2 Tinting of the Vehicle may affect the operation of the STOPANIK tracking unit. Tinting may prevent the STOPANIK tracking unit from reporting.
21.3 If the Subscriber’s outright hardware subscription makes payment exceed the due date of the subscription expiry date, the reactivation will be taken within 3-5 working days.
22.1 The Subscriber tracking unit and installation have a standard warranty period of 12 months from the date of installation. It excludes any damage due to accidents, abuse, and severe operating conditions such as immersion in water. Once installed, the unit should not require any maintenance, with the exception of the replacement of the backup battery every 5 years, at your STOPANIK Authorised Installer centers. Failure will cause the main battery to go flat.
22.2 We warrant that our product is free from any defects in design, manufacturing, and materials for a period of 12 months
22.3 This warranty only covers our product if it is serviced by STOPANIK authorized installer. Additionally, the product warranty will be null and void as a result of the following:
22.3.1 The Product units and components have not been maintained or operated in accordance with the instruction given by the manufacturer.
22.3.2 The Product units and components have undergone repairs, modifications, relocations, alteration, maintenance, or dismantling by any other persons without prior verification or approval by STOPANIK.
22.3.3 Defects are caused by abnormal voltage or because the incoming power supply is different from what the STOPANIK tracking unit is designed to handle.
22.3.4 Defects are caused by fire, lightning, and other natural disasters, including but without limitation flood, water, vandalism, or burglary or where the defect is due to deviation from recommended application and parts and components.
22.3.5 If warranty or water indicator sticker has been tampered with or removed, or if indicator sticker indicates water damage.
22.4 Parts and labor costs to troubleshooting, replace, and install all parts and will be chargeable after the warranty period.
22.5 This warranty does not cover any losses and damages caused directly or indirectly by the breakdown of STOPANIK equipment and all other warranties expressed or implied other than those mentioned above.
23.1 The Subscriber tracking unit and installation have a standard lifetime warranty within activation of contract. The warranty date start from the date of installation. It excludes any damage due to accidents, abuse, and severe operating conditions such as immersion in water. Once installed, the unit should not require any maintenance, with the exception of the replacement of the backup battery every 5 years, at your STOPANIK Authorised Installer centers. Failure will cause the main battery to go flat.
23.2 We warrant that our product is free from any defects in design, manufacturing, and materials for a period of 12 months
23.3 This warranty only covers STOPANIK’s product if it is serviced by STOPANIK authorized installer. Additionally, the product warranty will be null and void as a result of the following:
23.3.1 The Product units and components have not been maintained or operated in accordance with the instruction given by the manufacturer.
23.3.2 The Product units and components have undergone repairs, modifications, relocations, alteration, maintenance, or dismantling by any other persons without prior verification or approval by STOPANIK.
23.3.3 Defects are caused by abnormal voltage or because the incoming power supply is different from what the STOPANIK tracking unit is designed to handle.
23.3.4 Defects are caused by fire, lightning, and other natural disasters, including but without limitation flood, water, vandalism, or burglary or where the defect is due to deviation from recommended application and parts and components.
23.3.5 If warranty or water indicator sticker has been tampered with or removed, or if indicator sticker indicates water damage.
23.4 Parts and labor costs to troubleshooting, replace, and install all parts and will be chargeable if the product warranty is null and void as referred to in item 21.3.
23.5 This warranty does not cover any losses and damages caused directly or indirectly by the breakdown of STOPANIK equipment and all other warranties expressed or implied other than those mentioned above.
24.1 The Subscriber agrees that STOPANIK reserves the right to use and/or make public all information related to the recovery of the Subscriber’s Vehicle or data/information collected by the STOPANIK tracking system.
24.2 SCUP only be triggered and activated directly if the Subscriber lodge a police report and provide a copy to STOPANIK Support Center.
24.3 The Subscriber and/ or other’s STOPANIK’s subscriber is highly potential to get reward up to RM1,000 if fulfill the requirement determined by STOPANIK as following:
24.3.1 Must provide a lodge police report under reward applicant’s name to STOPANIK Support Center
24.3.2 The theft suspect must be arrested by PDRM
24.3.3 Must provide a video footage taken during chasing the theft suspect. The video is prohibited to viral prior to editing by STOPANIK for awareness program purposes.
24.3.4 The Vehicle shall be returned back to the Subscriber in safe manner after found.
24.4 All incidental costs, including but not limited to towing, fuel, toll charges, etc., shall be borne by the Subscriber during the course of recovery.
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