INTELLECTUAL PROPERTY RIGHTS OF HR’S

INFRINGEMENT POLICY

Version dated 12/05/2024 and This version takes effective on 12/05/2024.

Agensi Pekerjaan HR’S Mgmt Sdn Bhd and its affiliates (collectively, the “HR’S Group”, “HR’S”, ”we”, “us”, or “our”) are committed to ensuring that the services on its platforms do not infringe upon intellectual property rights (“IPR”) and we take a serious stance when dealing with claims of IPR infringement on the e-commerce platforms that we operate, including www.hrsmgmtsb.com, our mobile applications, and any other internet domain properties owned, controlled or operated by the HR’S Group (collectively "Platform").

The users of our Platform (“Users”) are strictly prohibited from engaging in IPR infringement conduct on the Platform: Users who upload content, materials or services, or use the Platform in any manner which infringes IPR shall be subject to the measures detailed in our Platform policies, including but not limited to the issuance of non-compliance points, the suspension of User accounts, permanent termination from the Platform and/or any action deemed necessary by us, including but not limited to the initiation of civil or criminal proceedings by HR’S independently or in conjunction with rights holders.

A. Intellectual Property Rights Infringements

The types of User IPR infringement conduct which are prohibited on our Platform include, but are not limited to:

I. Listing trademark or copyright infringing services or consultation or promotion of programs on the Platform, including:

(1) Listing services or consultation or promotion of programs to which Users apply a sign or signs identical to a registered trademark, to a service or consultation or promotion of program to establish the origin of such service or consultation or promotion of program, and the application of such sign has been conducted without the express or implied consent of the proprietor of the registered trademark, in relation to the services or consultation or promotion of program for which that trademark is registered, or to such services or consultation or promotion of programs that are closely related to the services or consultation or promotion of programs registered;

(2) Listing services or consultation or promotion of programs to which Users apply a sign or signs similar to a registered trademark, to a service or consultation or promotion of program to establish the origin of such service or consultation or promotion of program, without the express or implied consent of the proprietor of the registered trademark, in relation to the services or consultation or promotion of programs for which that trademark is registered or to such services or consultation or promotion of program that are closely related to the services or consultation or promotion of programs registered, and there exists a likelihood of confusion on the part of the public with regards to the origin of the services or consultation or promotion of programs; or

(3) Listing services that comprise copyrighted subject-matter which has been reproduced without the express or implied consent of the owner of the copyright.

II. Using trademark or copyright infringing content on the Platform, including:

(1) Using copyrighted subject-matter (e.g., photographs, drawings, videos) in the description of the services or consultation or promotion of programs, without the express or implied consent of the owner of the copyright; or

(2) Using a sign or signs in connection with the description of services or consultation or promotion of programs, and such signs are identical or very similar to a registered trademark, and the application of such sign has been conducted without the express or implied consent of the proprietor of the registered trademark, in relation to the services or consultation or promotion of programs for which that trademark is registered and there exists a likelihood of confusion on the part of the public with regards to the origin, endorsement or association of the services or consultation or promotion of programs and the registered trademark.

III. Listing services or consultation or promotion of programs which infringe upon other types of IPR, including:

(1) Listing or services or consultation or promotion of programs which infringe upon any other type of intellectual property right recognized under the laws of the country where the notice of infringement is filed, including, but not limited to, the trademark, or any type of IPR recognized under law or by the final court order of an apex court.

IV. Deceptive or misleading conduct, including:

(1) Publishing services or consultation or promotion of programs descriptions or other information which are misleading or misrepresentative of the services listed for promotion; or

(2) any other deceptive or misleading conduct by Users in connection with the listing of services or consultation or promotion of programs on the Platform, or any conduct intended to circumvent HR’S Group’s anti-counterfeiting measures.

B. Types of notices not accepted by HR’S

I. Collaboration and or Affiliate Agreements

We respect the rights of brand owners, manufacturers, trading companies, agencies, agents and / or institutions to enter into agreements in relation to how their business and services should be promoted (such as exclusive collaboration and or affiliate agreements). However, violations of such agreements do not constitute IPR infringement. As the enforcement of agreements relating to the publishing of services is a matter between the parties to such agreements, we do not assist with this type of enforcement activity.

II. Compatibility

HR’S does not enforce notices of infringement seeking to remove or alter true statements indicating compatibility with trademarked services. If a service or consultation or promotion detail page clearly and truthfully represents that the services being rendered on that page is compatible with a trademarked service, HR’S will not process notices directed against the use of the trademarked sign.

III. Jurisdiction

If you are filing a notice to HR’S for the infringement of a registered trademark, your registered trademark, must be registered in the country where you are filing the notice of infringement. HR’S does not take action in respect of IPR infringement notices concerning registered trademarks from countries other than the country for which the takedown is requested.

IV. Parallel Imports

Except where expressly prohibited pursuant to the laws of the country where the IPR infringement notice is filed, HR’S will not process notices directed against parallel services or grey market services or consultation or promotion of programs in the countries where the Platform is located.

C. IPR Infringement Notices

TO SUBMIT A NOTICE OF IPR INFRINGEMENT, YOU MUST EITHER OWN, OR HOLD THE EXCLUSIVE LICENSE TO, THE IPR WHICH IS THE SUBJECT OF THE INFRINGEMENT NOTICE OR BE AN AGENT WITH WRITTEN AND SIGNED AUTHORIZATION FROM THE RIGHTS OWNER OR EXCLUSIVE LICENSEE TO SUBMIT NOTICES ON ITS BEHALF.

If you suspect that your IPR have been infringed by Users, you may submit IPR Infringement Notices to HR’S. Please refer to Submitting IPR Infringement Notices to HR’S for details.

Users may file appeals where the content, or consultation or service listing(s), which Users have uploaded have been removed from the Platform as a result of notices filed by rights holders. Where appeals by Users are successful, HR’S will reinstate the content, promotion or consultation or service listing(s), which has been removed.

D. Miscellaneous

(1) YOU ACKNOWLEDGE AND AGREE THAT HR’S HAS THE RIGHT TO FULLY AND FINALLY INTERPRET AND / OR IMPLEMENT, OR WITHHOLD FROM IMPLEMENTING, ANY OF THE TERMS OF THIS POLICY, INCLUDING THE REMOVAL OF ANY CONTENT, PROMOTION OR CONSULTATION OR SERVICE LISTINGS FROM THE PLATFORM, THE RIGHT TO TAKE ACTION AGAINST ANY USER (WHETHER ON THE PLATFORM OR OTHERWISE), TO REJECT ANY NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT FOR THE LACK OF SUFFICIENT INFORMATION AT HR’S’S SOLE AND ABSOLUTE DISCRETION.

(2) HR’S reserves the right to amend this policy in accordance with changes to laws and regulations, changes in business environment or at its sole and absolute discretion. We will announce all changes to this policy by posting updates. The amended version of this policy will come into force on the date specified in the announcement. Your continued use of the Platform, including accessing or visiting the Platform in any way, following the changes taking effect constitutes your acceptance of such changes and if you do not agree to any changes to this policy, you must discontinue the use of the Platform (except to the extent required herein) and any agreement you have with us will be terminated. For the avoidance of doubt, newer versions of the policy supersede older versions.

(IPR/HR’S/JC-k/120524)