Please read these Terms and Conditions (collectively with 3S Psychology Sdn. Bhd. (“3S Psychology”) “Privacy Policy”) fully and carefully before using Psymetric Web Platform (“Platform”) and the services, features, contents or applications (“Services”) whether from the website or mobile applications offered by 3S Psychology
(“we”, “us” or “our). Our third-party vendors,
partners, or providers shall be described as (“Provider”) and the expert
advisory panel consists of members from whom 3S Psychology may obtain technical
guidance, support, and expertise within a particular subject as (“Panel
Members”). These Terms and Conditions set forth the legally binding terms
and conditions for your use of the Psymetric Web Platform and the
Services.
Psymetric was established to offer various
psychological-related support services such as Human Resources management,
psychological screening, market research as well as training and development.
Trainings and psychological screening are handled by experienced
and globally certified professional experts.
General
By registering for and/or using the Services in any
manner, including but not limited to visiting or browsing the Platform,
you agree to these Terms and Conditions and all other operating
rules, policies and procedures that may be published from time to time on
the Platform by us, each of which is incorporated by reference and each of
which may be updated from time to time without notice to you.
Certain Services may be subject to additional terms
and conditions specified by us from time to time; your use of such
Services is subject to those additional terms and conditions, which are
incorporated into these Terms and Conditions by this reference.
These Terms
and Conditions apply to all users of the Services, including, without
limitation, users who are contributors of content, information, and other
materials or services, registered or otherwise.
These Terms
and Conditions are legally binding agreement between 3S Psychology, in respect
of the use of your Account and you (as Psymetric customer). By using your
account, you agree to be bound by these Terms and Conditions.
Under
normal circumstances, 3S Psychology will make all reasonable efforts to ensure
that the platform is operating and functioning in reasonably good condition,
but 3S Psychology cannot guarantee that an agent or third party will be able to
provide services to you at all times due to circumstances beyond 3S
Psychology’s and/or their control. For example, network failure, electrical
failure, riot, war, flood, climatic and/or other conditions or circumstances
which are beyond 3S Psychology’s and/or the agent’s control.
1. ELIGIBILITY
You
represent and warrant that you are at least 18 years of age. If you are under
the age of 18, you may not, under any circumstances or for any reason, use
the Services. We may, in our sole discretion, refuse to offer the Services
to any person or entity and change its eligibility criteria at any time.
You are solely responsible for ensuring that these Terms and Conditions are
in compliance with all laws, rules and regulations applicable to you and
the right to access the Services is revoked where these Terms and
Conditions or use of the Services is prohibited or to the extent offering,
sale or provision of the Services conflicts with any applicable law, rule
or regulation. Further, the Services are offered only for your use, and
not for the use or benefit of any third party.
2. REGISTRATION
To sign up
for the Services, you must sign up for an account on the Services (an
“Account”). You must provide accurate and complete information and keep
your Account information updated. You shall not:
2.1 select or use
as a username a name of another person with the intent to impersonate that
person; or
2.2 use as a username a name
subject to any rights of a person other than you without appropriate
authorization; or
2.3 use, as a username, a name
that is otherwise offensive, vulgar or obscene. You are solely responsible
for the activity that occurs on your Account, and for keeping your Account
password secure. You may never use another person’s user account or
registration information for the Services without permission. You must notify
us immediately of any change in your eligibility to use the Services
(including any changes to or revocation of any licenses from state
authorities), breach of security or unauthorized use of your Account. You
should never publish, distribute or post login information for your
Account. You shall have the ability to delete your Account, either
directly or through a request made to one of our employees or affiliates.
3. CONTENT
3.1 Definitions.
For purposes of these Terms and Conditions, the
term “Content” includes, without limitation, information, data, text,
photographs, videos, audio clips, written posts and comments, software,
scripts, graphics, and interactive features generated, provided, or otherwise
made accessible on or through the Services. For the purposes of this
Agreement, “Content” also includes all User Content (as defined
below).
3.2 User
Content.
All Content added, created, uploaded, submitted,
distributed, or posted to the Services by users (collectively “User
Content”), whether publicly posted or privately transferred, is the
sole responsibility of the person who originated such User Content. You
represent that all User Content provided by you is accurate, complete,
up-to-date, and in compliance with all applicable laws, rules and
regulations. You acknowledge that all Content, including User Content, accessed
by you using the Services is at your own risk and you will be
solely responsible for any damage or loss to you or any other party
resulting therefrom. We do not guarantee that any Content you access
through the Services will continue to be accurate.
3.3 Notices
and Restrictions.
The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
3.4 Use
License.
Subject to these Terms and Conditions, we grant
each user of the Services a worldwide, non-exclusive, non-sublicensable and
non-transferable license to use (i.e., to download and display locally)
Content solely for purposes of using the Services. Use,
reproduction, modification, distribution or storage of any Content for
other than purposes of using the Services is expressly prohibited without
prior written permission from us. You shall not sell, license, rent, or
otherwise use or exploit any Content for commercial use or in any way
that violates any third party right.
3.5 License
Grant.
By submitting User Content through the Services,
you hereby do and shall grant us a worldwide, non-exclusive, perpetual,
royalty-free, fully paid, sublicensable and transferable license to use,
edit, modify, truncate, aggregate, reproduce, distribute, prepare
derivative works of, display, perform, and otherwise fully exploit the
User Content in connection with the Platform, the Services and our
(successors’ and assigns’) businesses, including without limitation for
promoting and redistributing part or all of the Platform or the Services
(and derivative works thereof) in any media formats and through any media
channels (including, without limitation, third party Platforms and
feeds), and including after the termination of your Account or the
Services. You also hereby do and shall grant each usage of the Platform
and/or the Services a non-exclusive, perpetual license to access your User
Content through the Platform and/or the Services, and to use, edit,
modify, reproduce, distribute, prepare derivative works of, display and
perform such User Content, including after the termination of your Account
or the Services. For clarity, the foregoing license grants to us and our users
does not affect your other ownership or license rights in your User Content,
including the right to grant additional licenses to your User Content,
unless otherwise agreed in writing.
You represent and warrant that you have all
rights to grant such licenses to us without infringement or violation of
any third-party rights, including without limitation, any privacy rights,
publicity rights, copyrights, trademarks, contract rights, or any other
intellectual property or proprietary rights.
3.6 Availability
of Content.
We do not
guarantee that any Content will be made available on the Platform or through
the Services. We reserve the right to but do not have any obligation
to:
3.6.1 remove, edit or modify any Content in our sole
discretion, at any time, without notice to you and for any reason
(including, but not limited to, upon receipt of claims or allegations from
third parties or authorities relating to such Content or if we
are concerned that you may have violated these Terms and Conditions), or
for no reason at all; and
3.6.2 to remove
or block any Content from the Services.
3.7 Corporate
and Individual User.
Corporate and Individual User may purchase the
Domestic Worker Mental Health Screening for his/her employee(s). The User
Admin is only eligible to view the brief employee’s Pekerja Migrant Indonesia
(“PMI”/”IDMW”) E-Screening test result. Should the Corporate User Admin
wish to view the detailed report of the employee’s PMI/IDMW
E-Screening Test result, he/she shall have to obtain the consent of the
said employee(s). The detailed result of the PMI/IDMW E-Screening Test can
be obtained from our certified consultants by sending us an email to [email protected]
Employees taking the PMI/IDMW E-Screening Test
purchased by his/her employer hereby agree that the brief result of the
PMI/IDMW E-Screening Test shall be disclosed to his/her employer.
3.8 Summary
of Analysis.
The
PMI/IDMW E-Screening Test is not a substitute for a diagnostic
psychological evaluation. The result of the PMI/IDMW
E-Screening Test is automatically generated. The result shown shall be a
brief summary of the psychological analysis and shall not be used as an
official diagnosis.
IF THE USER
WISHES TO HAVE A MORE DETAILED REPORT, THE USER MAY CONTACT OUR CERTIFIED PANEL
OF CONSULTANTS AT [email protected]
4. RULES
OF CONDUCT
As a
condition of use, you agree not to use the Services for any purpose that is
prohibited by these Terms and Conditions. You are responsible for all of
your activity in connection with the Services.
You shall
not (and shall not permit any third party to) either:
4.1 take
any action; or
4.2
upload,
download, post, submit or otherwise distribute or facilitate distribution of
any Content on or through the Service, including without limitation any
User Content, that:
4.2.1 infringes any patent, trademark, trade secret,
copyright, right of publicity or other right of any other person or entity
or violates any law or contractual duty;
4.2.2
you know is
false, misleading, untruthful or inaccurate;
4.2.3 is unlawful, threatening, abusive, harassing,
defamatory, libellous, deceptive, fraudulent, invasive of another’s
privacy, tortious, obscene, vulgar, pornographic, offensive, profane,
contains or depicts nudity, contains or depicts sexual activity, or is
otherwise inappropriate as determined by us in our sole discretion;
4.2.4 constitutes
unauthorized or unsolicited advertising, junk or bulk
e-mail (“spamming”);
4.2.5 contains software viruses or any other computer
codes, files, or programs that are designed or intended to disrupt,
damage, limit or interfere with the proper function of any software,
hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any system, data, password or other information
of ours or of any third party;
4.2.6 impersonates any person or entity, including any of
our employees or representatives; or
4.2.7
includes
anyone’s identification documents or sensitive financial information.
· You shall
not:
4.2.8
take any action that imposes or may impose (as
determined by us in our sole discretion) an unreasonable or
disproportionately large load on our (or our third-party providers’)
infrastructure;
4.2.9 interfere or attempt to interfere with the
proper working of the Services or any activities conducted on the Services;
4.2.10 bypass, circumvent or attempt to bypass or
circumvent any measures we may use to prevent or restrict access to the
Services (or other accounts, computer systems or networks connected to the
Services);
4.2.11 run any form of auto-responder or “spam” on the
Services; or
4.2.12 use manual or automated software, devices, or
other processes to “crawl” or “spider” any page of the Platform;
4.2.13 harvest or scrape any Content from the
Services; or
4.2.14 otherwise take any action in violation of our
guidelines and policies.
You shall
not (directly or indirectly):
4.2.15
decipher,
decompile, disassemble, reverse engineer or otherwise attempt to
derive any source code or underlying ideas or algorithms of any part of
the Services (including without limitation any application), except to the
limited extent applicable laws specifically prohibit such
restriction;
4.2.16 modify, translate, or otherwise create
derivative works of any part of the Services; or
4.2.17 copy, rent, lease, distribute, or otherwise
transfer any of the rights that you receive hereunder. You shall abide by
all applicable local, state, national and international laws and
regulations.
We also reserve the right to access, read,
preserve, and disclose any information as we reasonably believe is
necessary to:
4.2.18 satisfy any applicable law, regulation, legal
process or governmental request; r
4.2.19 reinforce these Terms and Conditions, including
investigation of potential violations hereof;
4.2.20 detect, prevent, or otherwise address fraud,
security or technical issues;
4.2.21 respond to user support requests, or
4.2.22 protect the rights, property or safety of us,
our users and the public.
5. THIRD
PARTY SERVICES
The
Services may permit you to link to other websites, services or resources on the
Internet, and other websites, services or resources may contain links to the
Services. When you access third party resources on the Internet, you do so
at your own risk. These other resources are not under our control, and you
acknowledge that we are not responsible or liable for the content,
functions, accuracy, legality, appropriateness or any other aspect of such
website or resources. The inclusion of any such link does not imply our
endorsement or any association between us and their operators. You further
acknowledge and agree that we shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with the use of or reliance on any such content, goods or
services available on or through any such website or resource.
6. PAYMENTS
& BILLINGS
6.1 Paid
Services.
Certain Services may be subject to payments now or
in the future (the “Paid Services”). Please note that any payment terms
presented to you in the process of using or signing up for a Paid Service
are deemed part of this Agreement.
6.2 Billing.
We use a
third-party payment processor (the “Payment Processor”) to bill you through
a payment account linked to your Account on the Services (your “Billing
Account”) for use of the Paid Services. The processing of payments will be
subject to the terms, conditions and privacy policies of the Payment
Processor in addition to these Terms and Conditions. We are not responsible
for error by the Payment Processor. By choosing to use Paid Services, you
agree to pay us, through the Payment Processor, all charges at the prices
then in effect for any use of such Paid Services in accordance with the
applicable payment terms and you authorize us, through the Payment Processor,
to charge your chosen payment provider (your “Payment Method”). You agree
to make payment using that selected Payment Method. We reserve the right
to correct any errors or mistakes that it makes even if it has already
requested or received payment.
6.3 Payment
Method.
The terms of your payment will be based on your
Payment Method and may be determined by agreements between you and the
financial institution, credit card issuer or other provider of your chosen
Payment Method. If we, through the Payment Processor, do not receive
any payment from you, you agree to pay all amounts due on your Billing
Account upon demand.
6.4 Current
Information Required.
You must
provide CURRENT, COMPLETE AND ACCURATE INFORMATION for your
Billing Account. You must promptly update all information to your Billing
Account CURRENT, COMPLETE AND ACCURATE (such as a change in billing address,
credit card number, or credit card expiration date), and you must promptly
notify us or our Payment Processor if your Payment Method is cancelled
(e.g. for loss or theft) or if you become aware of a potential breach of
security, such as the unauthorized disclosure or use of your username or password.
Changes to such information can be made at your account management page. If you
fail to provide any of the foregoing information, you agree that we may
continue charging you for any use of Paid Services under your Billing
Account unless you have terminated your Paid Services as set forth
above.
7. TERMINATION.
We may
terminate your access to all or any part of the Services at any time, with or
without cause, with or without notice, effective immediately, which may
result in the forfeiture and destruction of all information associated
with your membership. If you wish to terminate your Account, you may do so
by following the instructions on the Platform or through the Services.
Any fees paid hereunder are non-refundable. All provisions of these Terms and
Conditions which by their nature should survive termination shall survive
termination, including, without limitation, licenses of User Content,
ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
8. TERMS
OF SALE
By purchasing any Services, including Offers,
Deals, Discounts, Promotions, Offering, Product or participating in other
available programs via the Platform, you agree to the Terms of Use, including,
without limitation, the Terms of Sale specified below:
8.1 General.
Descriptions of Services, Offers, Activities, and
Products advertised on the Platform are provided by the Provider or other
referenced third parties. 3S Psychology is also not responsible for any claims
associated with the description of the Provider Offerings, Services, or
Products. The package related to Provider Offerings, Products, Services, and
other programs on the Platform may change at any time at 3S Psychology’s
sole discretion without notice.
A Provider may advertise goods, services, or
experiences on the Platform, or with respect to Products, Services, or
Offerings, supply items/services/activities to 3S Psychology, that require
Provider to have an up-to-date regulatory authorization, license, or
certification. 3S Psychology does not verify, validate, or collect evidence of
any regulatory authorization, license, or certification from any Provider.
You should make whatever investigation you deem necessary and appropriate before
purchase of any Service, Product, or Offerings. Providers are solely
responsible for the Services, Products, or Offerings being provided or the care
and quality of those items.
In the event that any Service, Product, or
Offerings is cancelled/terminated by the Provider within 24 hours from
your payment, 3S Psychology shall only be obliged to notify you on
the cancellation through email/notice on the Platform or its related
electronic applications. 3S Psychology shall also refund the allocation, pass
or booking in particular of the Service, Product or Offerings to your
Account within seven (7) days from the cancellation/termination of the
particular Service, Product or Offerings. No monetary refund shall be issued
towards you on the cancellation/termination of the particular Service,
Product or Offerings.
8.2 Warranty
Disclaimer.
We have no
special relationship or fiduciary duty with/to you. You acknowledge that We
have no duty to take any action regarding:
• which users gain access to the
Services;
• what Content you access via the Services;
or
• how you may interpret or use the
Content.
You release
us from all liability for you having acquired or not acquired Content through
the Services. We make no representations concerning any Content contained
in or accessed through the Services, and we will not be responsible or
liable for the accuracy, copyright compliance, or legality of material or
Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS
AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE,
ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES,
AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT
THAT:
8.2.1 THE SERVICES WILL BE SECURE OR AVAILABLE AT
ANY PARTICULAR TIME OR LOCATION;
8.2.2 ANY DEFECTS OR ERRORS WILL BE CORRECTED;
8.2.3ANY CONTENT OR SOFTWARE AVAILABLE AT OR
THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
OR
8.2.4 THE RESULTS OF USING THE SERVICES WILL MEET
YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR
OWN RISK.
9. INDEMNIFICATION
You shall defend, indemnify, and hold harmless, our
affiliates and each of our and their respective employees, contractors,
directors, suppliers and representatives from all liabilities, claims,
and expenses, including reasonable attorneys’ fees, that arise from or relate
to your use or misuse of, or access to, the Services, Content, or
otherwise from your User Content, violation of these Terms and
Conditions, or infringement by you, or any third party using your Account
or identity in the Services, of any intellectual property or other right of any
person or entity. We reserve the right to assume the exclusive defence
and control of any matter otherwise subject to indemnification by you, in
which event you will assist and cooperate with us in asserting any
available defences.
10. LIMITATION
OF LIABILITY
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES,
AGENTS, PARTNERS, SUPPLIERS, PANEL MEMBERS OR CONTENT PROVIDERS, BE LIABLE
UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR
EQUITABLE THEORY WITH RESPECT TO THE SERVICES:
10.1 For any lost profits, data loss, cost of
procurement of substitute goods or services, or special, indirect,
incidental, punitive, compensatory or consequential damages of any
kind whatsoever (however arising), or
10.2 For any bugs, viruses, trojan horses, or the
like (regardless of the source of origination).
To the
maximum extent permissible by applicable law, 3S Psychology, Panel Members of
the company and Third-Party Provider disclaim all warranties, express or
implied, including but not limited to implied warranties of merchantability and
fitness for a particular purpose. There is no warranty that any information or
service provided or referenced by this Platform is either accurate, that such
information or service will fulfil any of your particular purposes or needs, or
that such information or service does not infringe on any third-party rights.
Except for any express warranties stated on this Platform, if any, the
information and services provided or referenced on this Platform are provided
“as is”, “as available”, and with all faults, and the entire risk as to
satisfactory quality, performance, accuracy and effort are with the user.
While 3S
Psychology may use reasonable efforts to include accurate and up-to-date
information on the Platform, 3S Psychology makes no warranties or
representations as to its accuracy, timeliness or completeness. 3S Psychology
may periodically add, change or improve any of the information, products,
services, programs and technology described on the App and Platform with
notice. 3S Psychology assumes no liability or responsibility for any errors or
omissions in the content of the Platform.
Your use of
the Platform is at your own risk. To the maximum extent allowed by law, neither
3S Psychology nor any other parties including Panel Members, Third Party
provider involved in creating, producing or delivering the Platform is liable
for any direct, indirect, incidental, consequential or punitive damages,
whatsoever caused, arising out of your access to, use of, or reliance on the
Platform, even if 3S Psychology has been advised of the possibility of such
damages. For example, 3S Psychology, its Panel Members and Third-Party provider
assume no responsibility for and will not be liable for any damages to or any
viruses which may affect your mobile equipment or computer or other property on
account of your access to, use of, or downloading from, the Platform.
3S
Psychology, it’s Panel Members and Third-Party provider are not responsible for
the lawfulness, accuracy or reliability of any content submitted to,
transmitted or displayed by or linked by 3S Psychology’s services provided by
other users of 3S Psychology’s services or by 3S Psychology’s partners. You
agree to comply with any Terms and Conditions in relation to any third-party
content and services on the Platform services.
3S
Psychology is not liable to you for any losses, including any indirect or
consequential losses, you suffer or costs you incur because (i) you are unable
to access or use your Account for any reason or there is a delay in its use;
and (ii) there is a failure to provide any service caused by any third-party
service providers including merchants, Service Provider and software providers,
unless such losses or costs are the sole results of 3S Psychology’s gross
negligence, fraudulent act or wilful default.
3S
Psychology is not liable to you for the delay in performing, or failure to
perform, any of 3S Psychology’s obligations under these Terms and Conditions,
if such delay or failure results from events, circumstances or causes beyond 3S
Psychology’s reasonable control, including suspending or revocation of 3S
Psychology’s or its partners’. In such circumstances the time for performance
shall be extended by a period equivalent to the period during which performance
of the obligation has been delayed or failed to be performed.
11. ARBITRATION
CLAUSE & CLASS ACTION WAIVER
11.1 Arbitration.
YOU AGREE
THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE
INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US,
INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE,
YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL
BE RESOLVED BY BINDING, AS STATED UNDER THE MALAYSIAN ARBITRATION ACT
2005 (REVISED 2011); PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE
IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY
RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN UNDER THE
JURISDICTION OF HIGH COURT OF MALAYA, SABAH & SARAWAK ARE GENERALLY
MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD
HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you
may bring your claim in the Malaysian “small claims” court, if permitted
by that small claims court's rules and if within such court’s jurisdiction,
unless such action is transferred, removed or appealed to a different court.
You may bring claims only on your own behalf. Neither you nor we will
participate in a class action or class-wide arbitration for any claims
covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO
PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM
YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY
CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to
participate in claims brought in a private attorney general or
representative capacity, or consolidated claims involving another person's
account, if we are a party to the proceeding. This dispute resolution
provision will be governed by the MALAYSIAN ARBITRATION ACT 2005 (REVISED
2011);. In the event the Kuala Lumpur Regional Centre Arbitration is
unwilling or unable to set a hearing date within ninety (90) days of filing the
case, then either we or you can elect to have the arbitration administered
instead by the Kuala Lumpur Regional Centre Arbitration. Judgment on the award
rendered by the arbitrator may be entered in any court having competent
jurisdiction. Any provision of applicable law notwithstanding, the
arbitrator will not have authority to award damages, remedies or
awards that conflict with these Terms and Conditions. You agree that
regardless of any statute or law to the contrary, any claim or cause of
action arising out of, related to or connected with the use of the
Services or these Terms and Conditions must be filed within one (1) year after
such claim of action arose or be forever banned.
11.2 Severability.
If the prohibition against class actions and other
claims brought on behalf of third parties contained above is found to be
unenforceable, then all of the preceding language in this Arbitration
section will be null and void. This arbitration agreement will survive the
termination of your relationship with us.
11.3 Governing
Law and Jurisdiction.
These Terms
and Conditions shall be governed by and construed in accordance with the laws
of Malaysia, including Sabah & Sarawak. You agree that any dispute
arising from or relating to the subject matter of these Terms and
Conditions shall be governed by the exclusive jurisdiction of High Court
of Malaya.
12. MODIFICATION
We reserve
the right, in our sole discretion, to modify or replace any of these Terms and
Conditions, or change, suspend, or discontinue the Services (including
without limitation, the availability of any feature, database, or content) at
any time by posting a notice on the Platform or by sending you notice
through the Services, via e-mail or by another appropriate means
of electronic communication. We may also impose limits on certain features
and services or restrict your access to parts or all of the Services
without notice or liability. While we will timely provide notice of
modifications, it is also your responsibility to check these Terms and
Conditions periodically for changes. Your continued use of the Services
following notification of any changes to these Terms and Conditions
constitutes acceptance of those changes, which will apply to your continued use
of the Services going forward. Your use of the Services is subject to
the Terms and Conditions in effect at the time of such use.
13. MISCELLANEOUS
13.1 Entire
Agreement and Severability.
These Terms
and Conditions are the entire agreement between you and us with respect to
the Services, including use of the Platform, and supersede all prior or
contemporaneous communications and proposals (whether oral, written or
electronic) between you and us with respect to the Services. If any
provision of these Terms and Conditions is found to be unenforceable or
invalid, that provision will be limited or eliminated to the minimum extent
necessary so that these Terms and Conditions will otherwise remain in full
force and effect and enforceable. The failure of either party to exercise
in any respect any right provided for herein shall not be deemed a waiver of
any further rights hereunder
13.2 Force
Majeure.
We shall not be liable for any failure to perform
our obligations hereunder where such failure results from any cause beyond
our reasonable control, including, without limitation, mechanical,
electronic or communications failure or degradation.
13.3 Assignment.
These Terms and Conditions are personal to you, and
are not assignable, transferable or sublicensable by you except with our
prior written consent. We may assign, transfer or delegate any of our
rights and obligations hereunder without consent.
13.4 Agency.
No agency, partnership, joint venture, or
employment relationship is created as a result of these Terms and
Conditions and neither party has any authority of any kind to bind the other in
any respect.
13.5 Notices.
Unless otherwise specified in these Term and
Conditions, all notices under these Terms and Conditions will be in writing and
will be deemed to have been duly given when received, if
personally delivered or sent by certified or registered mail, return
receipt requested; when receipt is electronically confirmed, if
transmitted by facsimile or e-mail; or the day after it is sent, if
sent for next day delivery by recognized overnight delivery service.
Electronic notices should be sent to [email protected]
13.6 No
Waiver.
Our failure to enforce any part of these Terms and
Conditions shall not constitute a waiver of our right to later enforce
that or any other part of these Terms and Conditions. Waiver of compliance
in any particular instance does not mean that we will waive compliance in
the future. In order for any waiver of compliance with these Terms and
Conditions to be binding, we must provide you with written notice of such
waiver through one of our authorized representatives.
13.7 Headings.
The section
and paragraph headings in these Terms and Conditions are for convenience only
and shall not affect their interpretation.
*Effective Date of Terms and Conditions: 27/5/2024*