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Terms of Use
1. For the purposes of this document, the phrase “Terms of Use” refers to the terms and conditions set out in this document. The term “Portal” refers to the websitewww.malaysianlegalalert.com; the database (including the contents in the database) made accessible to the Subscribers using an Access Code through the login pages of the above-mentioned website; and the software, features and functions which facilitate the storage, search, retrieval, display and download of the contents of the database. The term “Contents” refers to the legal materials and documents stored in the database of the Portal and/or included in the weekly issues of Malaysian Legal Alert (“MLA Issues”). The terms “Subscriber” and “Subscribers” refer to the organisation or individual who has been given access to the Portal and who receives MLA Issues for a fee or otherwise. The term “Publisher” refers to the owner and operator of the Portal and MLA Issues, Muttath Knowledge Management Services Sdn Bhd (704239-V), a company incorporated in Malaysia. The term “Services” refers to (a) sending of the MLA Issues, and (b) providing access to the Portal. The term “Subscription Fees” refers to the amount prescribed by the Publisher from time to time as the charges for its Services.
2. The access to, and the use of, the Portal by the Subscribers is subject to the Terms of Use. The receipt of the MLA Issues is also subject to the Terms of Use. The Publisher may add to, amend, delete or otherwise modify the Terms of Use at any time without notice to the Subscriber. The latest Terms of Use will be available on the Portal. The continued receipt of MLA Issues and the continued use of the Portal after such modifications shall be subject to such modified Terms of Use.
3. The copyright subsisting in the Portal and MLA Issues is owned by the Publisher unless expressly indicated otherwise.
4. The Portal and MLA Issues are provided on an “as is” basis. The Publisher reserves the right to add, delete, withdraw, edit or otherwise modify the Portal.
5. The Publisher disclaims all warranties on the Portal and MLA Issues, including the warranty of the quality of the Contents and the fitness of the Portal for any particular purpose.
6.
The Publisher disclaims and excludes all forms of liabilities for any loss, injury, claim, liability, or damage caused directly, indirectly or incidentally to the use of or inability to use the Portal and MLA Issues. The Publisher specifically disclaims and excludes (without in anyway limiting the scope of the first sentence of this clause) all forms of liabilities for any loss, injury, claim, liability, or damage caused directly, indirectly or incidentally to:
a. errors in or omissions from the Portal and MLA Issues including errors and omissions in the Contents;
b. computer viruses transmitted from or other functional defects of the Portal and MLA Issues;
c. delay, temporary interruption, unavailability or suspension, and/or failure in performance, of the Portal and MLA Issues.
7. The Contents are for informational purposes only. It is not intended to replace or serve as substitute for any professional advice, consultation or service. The Publisher disclaims and excludes all liabilities in respect of anything done or omitted to be done in reliance upon the whole or any part of the Contents.
8. If any of the disclaimers or exclusions of liabilities mentioned in this document is prohibited or otherwise fail, the Publisher’s liability is limited to RM100.00 (ringgit one hundred only).
9. The Subscriber is granted a non-exclusive, non-transferable and limited license to access and use the Portal and MLA Issues for research purposes. The Subscriber shall not commercially exploit the Contents.
10. The Subscriber shall pay the Subscription Fees as prescribed by the Invoice within such period as required by the Invoice.
11. The Subscriber shall not store, reproduce, disseminate, transmit, distribute, display and/or sell the Contents, commercially or otherwise, except with the prior written permission of the Publisher. The above prohibitions also apply to the use of the Contents on a networked computer environment except where all the users in that network are Subscribers and prior notice of such use has been given to the Publisher.
12. The Subscriber shall not decompile, reverse engineer or disassemble the software or other functions and features of the Portal and/or MLA Issues. The Subscriber shall not use any software or process to track usage of the Portal and/or MLA Issues including information about users, and monitor or copy the Contents.
13. The Subscriber shall not remove or obscure the copyright notice or other notices contained in the Portal or MLA Issues including the Contents.
14. The Subscriber shall use the Portal and MLA Issues subject to the applicable laws of Malaysia including but not limited to the Copyright Act 1987.
15. The Subscriber shall not assign the rights and obligations under the Terms of Use to any other person without the prior written consent of the Publisher. The Subscriber shall not reveal or transfer the Access Code to any unauthorized persons.
16. The Subscriber undertakes to acquire and set-up all equipment including hardware and software compatible and necessary to have access to the Portal and receive MLA Issues from time to time. The Subscriber also undertakes to obtain all necessary licenses and approvals to access and use the Portal and/or MLA Issues from time to time.
17. The Subscriber, at the time of subscription or at any time during the subscription, shall provide, completely and accurately, all relevant information about the Subscriber (such as contact details) as required by the Publisher. The Subscriber shall be responsible to promptly notify the Publisher of any changes to such information.
18. The Subscriber shall indemnify the Publisher from and against all claims, losses, expenses, damages and costs resulting from the Subscriber’s use of the Portal and/or MLA Issues, and the Subscriber’s violation of the Terms of Use or any other legal obligation.
19. The Publisher may, at its sole discretion, reject an application for subscription to the Service without giving any reason whatsoever. In that event, any amount received by the Publisher towards the Subscription Fees will be refunded in full.
20. The Publisher may, at its sole discretion, terminate or suspend the Service to the Subscriber at any time with immediate effect without notice, if the Publisher is of the opinion that the Subscriber has violated the Terms of Use and/or any other legal obligation to the Publisher. The Publisher shall not be liable for any refund of Subscription Fees, in part or in full, if the Service is terminated or suspended owing to the fault of the Subscriber.
21. The Portal and/or the MLA Issues may contain hyperlinks to websites or databases operated by third parties. These hyperlinks are provided merely for the convenience of the Subscriber. The Publisher shall not be responsible any errors, inaccuracies, acts or omissions of such third parties. The Publisher shall also not responsible for the availability or the contents of or hyperlinks in such websites or databases. The Publisher does not approve, sponsor or endorse such third party websites, databases or contents therein. The Publisher disclaims and excludes all liabilities for any damage caused by or in connection with use of or reliance on any such content available on or from such websites or databases.
22. Any disputes arising from, or in connection with the use of the Portal and MLA Issues shall be construed under the laws of Malaysia, and shall be subject to the non-exclusive jurisdiction of the Malaysian courts.