TERMS & CONDITIONS

academy.emgs.com.my 

Website Terms of Use

Welcome to academy.emgs.com.my (“the Website”, or “site”).  This Website is owned and operated by Education Malaysia Global Services (EMGS), (“we”, “us”, “our” or “EMGS” as the context requires) situated at No.1 Jalan Mayang Sari, Suite A-21-1 157, Hampshire Place Office, 50450 Kuala Lumpur. By visiting our Website and accessing the information, resources, services, products, and tools we provide (“the Resources”), you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

1. RESPONSIBLE USE AND CONDUCT

1. To access our Resources, you may be required to provide certain information about yourself (such as identification, email, phone number, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your accounts.
3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical, or unconventional means.
4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our resources is strictly prohibited.
6. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

7. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, seditious, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language.
2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party.
3. Contains any type of unauthorized or unsolicited advertising.
4. Impersonates any person or entity, including any academy.emgs.com.my employees or representatives.
7. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
8. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of www.academy.emgs.com.my, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described and does not refer to information that is provided as part of the registration process, necessary to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy.
9. You agree to indemnify and hold harmless academy.emgs.com.my, a digital property of EMGS, and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

2. PRIVACY

Your privacy is very important to us, which is why we've created a separate Privacy Policy to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. Please read our privacy policy in its entirety.

3.         LINKS TO OTHER SITES.  Wey may provide links, at our sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services.  These sites have not necessarily been reviewed by us and are maintained by third parties over which We exercises no control.  Accordingly, we expressly disclaim any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites.  Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.

4.         THIRD-PARTY PRODUCTS/SERVICES.  We, at our sole discretion, may post the advertisements of third parties on our website and/or feature materials, courses, products, and services provided by third parties. EMGS makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, courses, products, and services or any other materials, courses, products, and services which such third-party materials, products, and services may access.  Your correspondence or any other dealings with third parties found on the website are solely between you and such third party.  Accordingly, EMGS expressly disclaims responsibility and liability for all third-party provided materials, courses, products, and services contained on or accessed through the website, and you agree that we shall not be responsible for any loss or damage of any sort incurred because of any such dealings or as the result of the presence of such third parties on the website. 

5.         DISCLAIMER.  WHILE EMGS ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, COURSES, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, COURSES, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE EMGS WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES.  EMGS IS ALSO NOT RESPONSIBLE FOR ANY POSTINGS PROVIDED BY YOU THAT ARE AVAILABLE THROUGH OR FROM THE WEBSITE.  MOREOVER, EMGS MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE WEBSITE OR IN THE INFORMATION, SERVICES, COURSES, SOFTWARE, AND MATERIALS AVAILABLE ON THE WEBSITE AT ANY TIME AND FOR ANY REASON.  YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, COURSES, AND MATERIALS AVAILABLE ON THE WEBSITE.  EMGS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, COURSES, AND MATERIALS AVAILABLE ON THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.  EMGS ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

4. LIMITATION OF LIABILITY

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. academy.emgs.com.my will not be liable for any direct, indirect, incidental, consequential, or exemplary loss or damages which may be incurred by you in using our Resources, or of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

5. COPYRIGHTS / TRADEMARKS

All content and materials available on academy.emgs.com.my, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of EMGS and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by EMGS.

6. TERMINATION OF USE

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

7. GOVERNING LAW

This website is controlled by EMGS from our offices located in Kuala Lumpur, Malaysia. It can be accessed in most countries around the world. As each country has laws that may differ from those of Malaysia, by accessing our website, you agree that the statutes and laws of Malaysia, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Kuala Lumpur, Malaysia. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

8. CANCELLATION AND REFUND

Cancellation of order is not possible once the payment has been made. No refunds will be given except in the event of cancellation or non-performance of service by EMGS. Any payment to third parties will be subject to the terms and conditions of that third party.

9. GUARANTEE

UNLESS OTHERWISE EXPRESSED, academy.emgs.com.my EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

10. CONTACT INFORMATION

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at No.1 Jalan Mayang Sari, Suite A-21-1 157, Hampshire Place Office, 50450 Kuala Lumpur. Telephone: +6 03-2180 0800.