TERM OF USE
The Company expressly reserves the right to modify the Terms at any time in its sole discretion, and without prior notice to you, by including such alteration and/or modification in these Terms, along with a notice of the effective date of such modified Terms. Any continued use by you of the Portal after the posting of such modified Terms shall be deemed to indicate your irrevocable agreement to such modified Terms. Accordingly, if at any time you do not agree to be subject to any modified Terms, you may no longer use the Portal.
DISCLAIMER OF LIABILITY FOR LINKS TO THIRD PARTY WEBSITE
Any links to third-party website (“Third Party Site”) are for convenience only and beyond the control of the Company. These links are not monitored or maintained by us nor are we responsible for the content of any Third Party Site. The inclusion of the link does not imply any endorsement, guarantee, warranty or representation by us of the quality or accuracy of the information, products or services provided to you on those Third Party Site and you proceed entirely at your own risk.
YOU AGREE THAT THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A THIRD PARTY SITE OR AS THE RESULT OF THE PRESENCE OF ANY CONTENT OR ADVERTISING ON THE THIRD PARTY SITE.
ACCURACY OF INFORMATION
Being Affiliates, you agree to (a) provide true, accurate, current and complete information about yourself, (b) maintain and promptly update your information to keep it true, accurate, current and complete; and (c) comply with these Terms. If you provide any information that is untrue, inaccurate, not current, incomplete or misleading, or if we believe that such information is untrue, inaccurate, not current incomplete or misleading, then we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Company Products, without any liability to you.
The Company only host and is not publisher of content supplied by Affiliates. Any opinions, advice, statements, services, offers or other information or content expressed or made available by Affiliates (“Submitted Content”) are those of the respective author(s) or distributor(s) which the Company shall not be responsible for the accuracy or reliability of the Submitted Content.
Any Submitted Content will be treated as non-confidential and may be reproduced, distributed, publicly performed, publicly distributed, communicated to the public, and otherwise used and exploited by us for any purpose related to the delivery, marketing, promoting, demonstrating or operating the Company Products, including, but not limited to, for quality control, redistribution or display to Users, and professional development. This license enables us to provide the Services and provide access to the Submitted Content and also includes the right to grant Users who pay any fees required to access or use your Submitted Content (either directly or through third party distributors) a perpetual, irrevocable sublicense to reproduce your Submitted Content on personal devices (e.g., computer hard drives and mobile devices) and to use and exploit your Submitted Content solely for personal uses as set forth in these Terms. The license granted to Company above includes the right to distribute your Submitted Content through multiple tiers of sub licensees and for such sub licensees to have all rights necessary for them to offer, deliver, market, promote, demonstrate, and sell your Submitted Content to Users, but does not include the right to edit your Submitted Content.
You hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the use of the Submitted Content, or any portion thereof, solely as authorized in these Terms but not for any other purpose, or of your name, personality, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling your Submitted Content, or any advertising or publicity relating thereto.
You hereby represent and warrant that you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Company with respect to your Submitted Content and that Company shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of your Submitted Content as authorized in these Terms or have any liability to your or any other party as a result of any use or exploitation of your Submitted Content as authorized in these Terms.
You acknowledge that the Company shall have the right in its sole discretion to monitor the content of the Portal, to edit, refuse to post or to remove any Submitted Content that the Company finds to be not suitable, non-related nor beneficial to the Company in order to ensure compliance with any operating rules established by Bank Negara Malaysia (“BNM”) and to satisfy any law, regulation or authorized government request.
INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
You acknowledge that the designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the Company Products (collectively, the “Company Content”) are the proprietary property of the Company and all the trademarks and logos of third party institutions shown on the Portal are proprietary to their respective owner which are protected by Malaysian copyright, trademark and other intellectual property laws.
Accordingly, you agree that you will not (i) copy, reproduce, republish, upload, create derivative works or post, transmit or distribute to anyone for any purpose (or facilitate or assist someone else in the foregoing) any Company Content without the Company’s prior written consent; (ii) modify or alter Company Content in any manner, or use such Company Content in a manner not expressly authorized by this Terms; (iii) interrupt or attempt to interrupt the operation of the Portal in any way; or (iv) frame, link, associate with advertisements or commercially exploit the Portal or Company Content.
DISCLAIMER AND LIMITATION OF LIABILITY
You understand that when using the Company Products, participating in or obtaining information from a course, or accessing Company Content or Submitted Content, you may be exposed to products, photographs, music, artwork, messages, instructional information, and other materials from a variety of sources, and that company is not responsible for the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such products, content or materials. You further understand and acknowledge that you may be exposed to products, content or materials that are inaccurate, harmful, dangerous, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against company with respect thereto.
The Company Products, Company Content, Submitted Content, courses, and any portions of any of the foregoing, made available on or through or in relation to the Portal or the services, are provided on an “as is,” “as available,” “with all faults” basis without representations or warranties of any kind, either express or implied, including, but not limited to, in terms of correctness, safety, accuracy, reliability or otherwise. To the fullest extent permissible pursuant to applicable law, the Company and Affiliates, partners, licensors, and suppliers hereby disclaim all express, implied, and statutory warranties of any kind, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. No advice or information, whether oral or written, obtained by you from the Company, an employee or representative of the Company, Affiliates, or through the services will create any warranty not expressly stated in these terms. The Company and Affiliates, partners, licensors, and suppliers do not warrant that the services or any part thereof, or any products or content offered through the services, will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. You understand and agree that you use, access, or otherwise obtain information, materials, courses, or data through the Company Products at your own discretion and risk and that you will be solely responsible for any damage or destruction to your property (including your computer system used in connection with the Company Products), injury to yourself or others, or loss of data that results from the download, use, or reliance upon such information, material, courses or data.
Under no circumstances, including, but not limited to, negligence, shall the Company, or any of its officers, directors, employees, agents, successors or assigns, or any other contractors or third parties be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out or relating to the use, or the inability to use, the Company Content, the Company Products, courses, Submitted Content or any portion thereof, even if we or an authorized representative of company has been advised of the possibility of such damages. If your use of the Company Products, Company Content, services, courses, or Submitted Content or any portion thereof results in the need for servicing, repair or correction of any equipment or data or medical attention to you or others, you assume any and all costs thereof.
You agree not to hold us (or our agents or employees) liable for any instruction, advice or services delivered that originated through the Company Products, through any verification service or in connection with the Company Content, or any portion thereof. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Users. In no event shall the Company, or any of its officers, directors, employees, agents, successors or assigns, or any other contractors or third parties be liable to you or anyone else for any decision made or action taken by you in reliance of the Company Content, the Company Products or Submitted Content for any consequential, special or similar damages arising thereof.
You agree to indemnify, defend and hold harmless us, and our Affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our Affiliates’ respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable legal fees and related costs and expenses, due to or arising out of (a) any Submitted Content you submit, post to, email, or otherwise transmit to us or through the Portal or Services, (b) your use of the Company Products, the Company Content or any portion thereof, (c) your connection to the Portal or Services, or (d) your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defence against all claims and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defence and in asserting any available defences.
We may terminate your use of the Company Products immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the Portal from time to time. Furthermore, we may terminate your rights to use the Company Products for any reason or no reason. In the event of termination or expiration of these Terms, all provisions regarding ownership of intellectual property, disclaimer; warranty disclaimer, limitation of liability, dispute resolution, any other provisions of these Terms which, by their nature, apply after termination shall survive. You agree that upon the termination, we may delete all information related to you on the Services and may bar your access to and use of the Company Products.
APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by, construed and enforced in accordance with the laws of Malaysia.