This Agreement, together with the other terms and conditions or agreements set out in the Site, was written in English. To the extent any translated version conflicts with the English version, the English version controls.
In this Agreement, Portal Essential and SEGi may be referred to collectively as the “Providers” and where applicable or otherwise required by the context, “the Providers” shall also mean either one or both of Portal Essential and/or SEGi.
This Agreement, together with the other terms and conditions or agreements set out in the Site, contains the complete and entire understanding and agreement between you and the Providers and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement. This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.
The Providers reserve the right, in its sole discretion, to change the information, material, functions, content of the Site and this Agreement from time to time. The Providers will notify users of any changes by posting them on the Site or through other reasonable means of providing notice. Any changes to this Agreement will be effective immediately upon notice to you. Your continued access of the Site and/or the Services provided after notice of any such change will be deemed as your consent and acceptance to those changes.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OR ARE NOT SATISFIED WITH THE SITE AND/OR SERVICES, PLEASE IMMEDIATELY DISCONTINUE YOUR ACCESS TO THE SITE AND/OR USE OF THE SERVICES.
2. User Activities and Information on the Site
You shall use the Site, the Services, and any content, material and information on the Site including but not limited to services, products, information, databases, text, documents, organisation, layouts, images, graphics, designs, compilations, photographs, pictures, drawings, audio and sound recordings, video, animation, links or other items and materials found on the Site and their arrangement thereof (“Content”), solely for lawful and non-commercial purposes. You shall ensure that any material or information of any kind including but not limited to postings to community chat areas, feedback columns and forums which you upload to, distribute to, disseminate through, or make available through the Site by any means (“User Content”) is not false, inaccurate or misleading, fraudulent, libellous, defamatory, obscene, pornographic, abusive, able to damage or interfere with any system data or personal information through computer viruses or computer programming, or which creates liability for the Providers, propaganda of a political, seditious or racist nature, or otherwise violates any law or infringes or violates any rights of the Providers, any other person or entity.
You warrant that the User Content you have made available on the Site is solely your original work to which you are the owner of the copyright, or that you have obtained all necessary rights (including but not limited to intellectual property rights and proprietary rights) of any other person or entity in respect of the User Content prior to making it available on the Site. You will be solely responsible for the User Content, and shall indemnify and render harmless the Providers from any claims by any third party arising from the ownership thereof, and as such shall be liable for any damage and/or loss resulting from making available the User Content through the Site.
By making available the User Content through the Site, you hereby agree to automatically assign absolutely to the Providers a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology without further notice being sent to you. By making available the User Content through the Site, you also grant to users of the Site other than yourself the right and license to access, view, store, or reproduce your material and information for that user’s personal use.
The Providers have no obligation to, does not and cannot, review all User Content, and the Providers shall not be responsible for the contents of the User Content or the consequences of your posting any User Content.
The Providers expressly reserve the right, at any time and without notice to you, to delete, move, temporarily withdraw or edit any material or information in whole or in part, including the Content or the User Content, that they deem, in their sole discretion, unacceptable, false, inaccurate or misleading, fraudulent, libellous, defamatory, obscene, pornographic, abusive, able to damage or interfere with any system data or personal information through computer viruses or computer programming, or which creates liability for the Providers, propaganda of a political, seditious or racist nature, or otherwise in violation of any law or that infringes or violates any rights of the Providers, any other person or entity. Further, the Providers reserve the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.
3. Rights in Content and the Site
All Contents provided by the Providers on the Site or related to the Site are protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and are owned, controlled, and/or licensed by the Providers.
Subject to the terms of this Agreement, you are strictly prohibited from undertaking any of the following without the express written consent of the Providers:
- modifying, copying, distributing, transmitting, displaying, performing, publishing, licensing, transferring, posting, creating derivative works from, framing and using on, any website that is not the Site or in any way commercially exploiting any of the Content, in whole or in part; or
- constructing a database in any form (including but not limited to software, user list, database or other lists, compilations, products or services), by way of compiling information obtained from the Providers or from the Site (including but not limited to the Content and User Content), either for your own use or for transferring and/or selling to a third party.
You are authorised to access, view, store, download, or reproduce the Content and other copyrighted content solely for your personal use and information only, and shall make no other use (including commercial use) of the Content without the express written consent of the Providers and the copyright owner (if applicable). You will not make any changes to any Content that you are permitted to view and/or download under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content or User Content. Any content you view/download from the Site and reproduced elsewhere must contain the copyright notice “©Portal Essential Sdn. Bhd.” and/or “©SEGi International Group Sdn Bhd”, whichever applicable.
You agree that in using the Site and the Services, and/or viewing, storing, downloading or reproducing the Content, User Content or other copyrighted content, you do not acquire any ownership rights (whether intellectual property rights or proprietary rights) in the Site, the Services, the Content, User Content or any other downloaded content from the Site.
Names, marks and logos of all other products, services and companies mentioned on the Site may be the trademarks of their respective owners.
4. Disclaimer of Warranties & Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER PORTAL ESSENTIAL, SEGi NOR ANY OF THEIR RESPECTIVE AFFILIATES (INCLUDING ITS PARENT COMPANY, SUBSIDIARIES AND ASSOCIATED COMPANIES), DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ASSIGNS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ASSIGNS WARRANTS OR GUARANTEES THAT THE SITE AND SERVICES WILL BE CONTINUOUS, INTERRUPTED, SECURE OR ERROR FREE, AND OPERATIONS OF THE SITE MAY BE INTERFERED OR UNINTERRUPTED BY FACTORS BEYOND THE CONTROL OF THE PROVIDERS. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES, OR AS TO THE ACCURACY, CORRECTNESS, UP-TO-DATENESS, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE, (INCLUDING BUT NOT LIMITED TO THE CONTENT AND THE USER CONTENT), ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.
THE SITE AND ALL INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE (INCLUDING BUT NOT LIMITED TO THE CONTENT AND THE USER CONTENT) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, SKILL AND CARE, TIMELINESS OF PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE PROVIDERS AND ANY OF THEIR RESPECTIVE AFFILIATES (INCLUDING ITS PARENT COMPANY, SUBSIDIARIES AND ASSOCIATED COMPANIES), DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ASSIGNS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ASSIGNS, BE LIABLE FOR:
A. ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ACTIONS FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, DEFAMATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, PATENT, REGISTERED INDUSTRIAL DESIGN AND PASSING OFF, BREACH OF CONFIDENCE, OR LOSSES INCLUDING ECONOMIC LOSSES (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS);
B. ANY LOSS OF GOODWILL OR REPUTATION; OR
C. ANY COMMON LAW LIABILITY,
RESULTING FROM THE USE OF, OR THE INABILITY TO USE, ANY INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SITE (INCLUDING THE CONTENT AND THE USER CONTENT), THE SITE ITSELF OR THE SERVICES. FOR THE AVOIDANCE OF DOUBT, THE PROVIDERS ARE NOT LIABLE FOR ACTS OR OMISSIONS OF THIRD PARTY TELECOMMUNICATIONS SERVICE PROVIDERS OR INTERNET SERVICE PROVIDERS OR FOR FAULTS AND/OR FAILURES IN THE NETWORK OR EQUIPMENT OF SUCH THIRD PARTY PROVIDERS.
THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE PROVIDERS AND ANY OF THEIR RESPECTIVE AFFILIATES (INCLUDING THE PARENT COMPANY, SUBSIDIARIES AND ASSOCIATED COMPANIES), DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ASSIGNS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ASSIGNS ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOURSELF.
You hereby irrevocably agree and undertake to indemnify, hold harmless, defend and keep indemnified the Providers and their respective affiliates (including the parent company, subsidiaries and associated companies), directors, officers, employees, agents or assigns, third party content providers, or licensors, and their respective directors, officers, employees, agents or assigns and servants, from all liabilities, actions, claims, demands, proceedings, losses and expenses, including any legal fees that may be incurred by the Providers in connection with or arising from (a) your use or misuse of the Site and the Services, or (b) your breach of these terms and conditions howsoever occasioned, or (c) any claim made by a third party against the Providers in connection with your violation of any law or infringement of the rights of a third party, including but not limited to intellectual property rights or proprietary rights.
6. Termination and Suspension
The Providers reserve the right to immediately terminate and/or suspend your access to and/or your use of the Site and the Services, in whole or in part, at any time, for any reason at its discretion without warning or notice. In particular, and without limitation, the Providers may terminate and/or suspend your access to the Site and the Services should you violate any of the terms and conditions of this Agreement, violate the law or infringe the rights of the Providers, any other user of the Site, or of any third party.
The failure of the Providers to exercise or enforce any right or provision of the terms and conditions of this Agreement, including acting with respect to a breach of the Agreement by yourself or any other user of the Site, shall not constitute a waiver of its right or any provision of this Agreement.
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the other provisions of the terms and conditions shall continue in full force and effect.
You agree that this Agreement may be automatically assigned by the Providers to third parties in the event of a merger, acquisition or internal reorganisation within the group.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship intended to be created by this Agreement between the Providers and yourself.
Any right not expressly granted herein is reserved.
8. Amendment of Terms and Conditions
The Providers reserve the right, at their sole discretion, to change, modify, add or remove any of the provisions of the Terms and Use at any time. Such modifications shall be effective immediately. You shall therefore check this page periodically for changes to the Terms and Use. Your continued use of the Site following the posting of changes to the Terms and Use shall mean that you accept those changes.
9. Contact Us
If there are any questions or concerns regarding the Terms and Use or the consent practices outlined herein, please contact Portal Essential as follows:
10. Law and Jurisdiction
||Wisma HCK, No 6, Jalan 19/1B, Seksyen 19, 46300 Petaling Jaya, Selangor Darul Ehsan, Malaysia.
||+603 7968 8888
||+603 7968 2255
The terms and conditions of this Agreement are governed by and are to be construed in accordance with the laws of Malaysia. By accessing the Site and/or using the Services, you hereby consent to the exclusive jurisdiction of the Malaysian courts.
The Providers make no representation that material, postings, or posting responses found on the Site (including but not limited to the Content, User Content and Services) are appropriate or available for use in jurisdictions other than Malaysia.