MEMBERS TERMS AND CONDITIONS
By clicking on the “I Accept”, “Submit”, “Login” or similar button or checking the “I Accept” or similar box at the end of the Account registration process or when logging in to your Account, you hereby agree to be bound by these Member Terms and Conditions (“Member Conditions”) as well as the Website Terms And Conditions (“Website Conditions”) which are hereby incorporated by reference into these Member Conditions, including without limitation, the representations set out in the Website Conditions. In the event of any conflict, inconsistency or ambiguity between these Member Conditions and the Website Conditions, the terms found in the Member Conditions shall prevail.
1. Definitions
1.1. All defined terms in the Website Conditions, apply to these Member Conditions unless specifically defined in these Member Conditions.
2. User Name, Password, Account Information
2.1. You agree that your account is for your sole and personal use (or that of the entity on whose behalf you are entering into these Member Conditions). You hereby agree not to:
2.1.1. share with or permit others to use your Account or Password (defined in Clause 2.3); or
2.1.2. assign or otherwise transfer your Account to any other person or entity.
You acknowledge and agree that any unauthorised, sharing or disclosure of your Password by you will cause wrongful loss to Hiap Huat Portal Solutions Sdn Bhd (“HHPS”) and constitutes an offence under Section 6 of the Computer Crimes Act 1997.
2.2. You shall provide HHPS with accurate, complete, and up-to-date account information and further ensure that the information is kept updated and remains current, accurate and complete. Failure to do so shall constitute a breach of these Member Conditions, which may result in the restriction, suspension or immediate termination of your Account.
2.3. As part of the registration process for the Account, you shall select a password ("Password") and user name ("User Name"). You shall not:
2.3.1. select or use a User Name of another person with the intent to impersonate that person;
2.3.2. use a name subject to the rights of any other person without authorisation; or
2.3.3. use a User Name that HHPS, in its sole discretion, deems inappropriate or offensive.
2.4. You shall promptly notify HHPS of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Password. You shall be solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password.
2.5. You shall be bound by and responsible for all communications transmitted through the use of your User Name and Password, and all such communications shall be deemed to be communications made and issued by you.
2.6. You shall be responsible for all user content, messages, and all online activity at the Site transmitted or conducted through the use of your User Name and Password.
2.7. HHPS shall have no responsibility or liability for any losses, damages, costs, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your User Name and Password.
2.8. You agree that HHPS may automatically renew your membership or subscription account upon expiration unless prior written notice of no less than seven (7) working days (or such other period specified by HHPS) is given to HHPS.
3. Use of Account Information
3.1. In addition to and without limiting the terms of our Privacy Policy, by providing the information requested for your account, you hereby consent to HHPS’ use and disclosure of all such information and information relating to your use of the Site or Services for the following purposes:
3.1.1. to respond to your requests and queries;
3.1.2. to provide the Services to you;
3.1.3. to verify and process your personal particulars and payments in relation to the provision of the Services;
3.1.4. to communicate information and updates to you in relation to the Services;
3.1.5. to enforce these Member Conditions and the Website Conditions and our legal rights and remedies;
3.1.6. for marketing research, user profile and statistical analysis for the improvement of the Services;
3.1.7. for complying with law, requests of law enforcement and regulatory officials, or orders of court; and consulting our professional advisers (including but not limited to accountants, lawyers and financial advisers);
3.1.8. for any other purpose for which we have obtained your consent, including the disclosure of such information to third parties including companies and organisations who provide a service to us or are acting as our agents (including their sub-contractors), or which assist us in processing transactions you make (including but not limited to payment processing service providers) and in providing value added services that you have requested; and
3.1.9. for any other purpose reasonably related to the purposes listed above,
provided that HHPS shall not disclose credit card account information except for the purposes set out in Clauses 3.1.2 and 3.1.3 above.
4. Suspension and Termination of Account
4.1. You agree that HHPS has the right in its sole and absolute discretion and without notice to:
4.1.1. restrict, suspend, or terminate your access to all or any part of the Services; and/or
4.1.2. terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account without assigning any reason. Without prejudice to the generality of the above, HHPS reserves the right to deactivate your Account if it has been inactive for a period of six (6) months or more, or if you are in breach of any of our Website Conditions or these Member Conditions or if HHPS believes that you have been using the Account for unlawful and/or undesirable activities.
4.2. You agree not to hold HHPS liable or responsible for any loss or damage incurred by you arising out of or in connection with the suspension and/or termination of your Account.
5. Member Obligations
5.1. You represent and warrant that you have read and agree to be bound by our Website Conditions and these Member Conditions.
5.2. You acknowledge that the Site and Services are used by a community of users, and you hereby agree and undertake:
5.2.1. to treat all users with respect and civility;
5.2.2. not to annoy, pester, solicit, harass, threaten, offend, insult, abuse, defame, or injure any other users, or commit any unlawful or tortious acts against other users;
5.2.3. not to spam, mail bomb, send viruses, spyware, malware, worms or other damaging material to other users, or act in any manner that adversely affects the use of the Services by other users; and
5.2.4. not to harvest or otherwise collect information about users, including email addresses, without HHPS’ prior written consent.
5.3. You agree that when using the Services:
5.3.1. you will only submit, upload or publish User Content in strict compliance with Clause 6 below;
5.3.2. you will not offer for sale items and/or services which are illegal, banned, unlicensed, controlled, or socially or morally reprehensible items;
5.3.3. you will not offer for sale items and/or services, or submit, upload or publish User Content, in an incorrect or inappropriate category or area on the Site, including without limitation posting unauthorised advertisements in any forum, discussion or message boards that is open and accessible to users of the Services; and
5.3.4. you will not alter, delete, manipulate, undermine or interfere with the listings or postings by any other Member.
5.4. Any infringing, fraudulent, abusive, or otherwise illegal activity, or any breach of the Website Conditions or these Member Conditions, shall be grounds for termination of your use of the Site and Services and/or your Account, at HHPS' sole and absolute discretion, and you may be reported to appropriate law enforcement agencies.
5.5. Without prejudice to HHPS’ rights of restriction, suspension and termination under Clause 4 above, HHPS reserves the right to terminate your Account and/or your access to all or any part of the Site or Services if you are in breach of any of these Member Conditions or the Website Conditions or if HHPS believes that you have been using the Site or any of the Services for unlawful and/or undesirable activities.
5.6. You agree to indemnify and hold HHPS, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
5.6.1. any advertisements, listings, postings or User Content placed by you;
5.6.2. any products and services offered, sold, provided, or advertised by you;
5.6.3. your use of any Services;
5.6.4. your breach of warranty, or breach of any terms and conditions of these Member Conditions; or
5.6.5. your misrepresentation, fraudulent acts, tortious acts, breach of contract, or violation of any rights of another person or entity.
6. User Content
6.1. Please exercise respect when participating in any community feature on the Site or the Services which permits you to upload or submit User Content.
6.2. You may not submit, upload or publish through the Site or the Services any User Content that is inaccurate, misleading, libellous, defamatory, threatening, pornographic, obscene, indecent, lewd, abusive, illegal, political, racist, religious, blasphemous, false, an infringement of any intellectual property rights of a third party, or would otherwise violate or encourage the violation of any law (including the Official Secrets Act 1972) or the proprietary or other rights of any third party (individually and collectively “Improper Works”). Further, you may not submit or publish User Content that solicits funds, or includes programs that contain viruses, Trojan horses, worms, time bombs or any other programs designed to impair the operation and functionality of the Site, Services, Servers, or any computer.
6.3. If, at any time you contribute, submit, upload or post User Content to the Site or using the Services, you automatically:
6.3.1. irrevocably grant and assign to HHPS an equal share of all intellectual property rights, title and interests (including copyright) in the User Content, in all forms and media, and in all countries of the world, to be co-owned as tenants-in-common, with full rights to use, license, exploit and enforce the said intellectual property rights and to assign the above share of co-ownership, and without any obligation for HHPS to account to you for any proceeds thereof, and you also agree and undertake to execute at the request of HHPS, such other instruments, assurances or documents, as may be required to vest in HHPS, or required for HHPS to register in any jurisdiction, all the title or rights as referred to herein.
6.3.2. represent and warrant that:
6.3.2.1. all such User Content are your own original works and creations and do not and will not infringe the copyright or any other intellectual property or other rights of any third party;
6.3.2.2. none of the User Content are proprietary or confidential;
6.3.2.3. none of the User Content are Improper Works, nor will they expose HHPS to any civil or criminal proceedings in any part of the world; and
6.3.2.4. the use by HHPS and other users for the purposes and in the manner set out in this Clause 6.3, and the hosting of such User Content on the Servers by HHPS will not require any further licences or rights from, or infringe any intellectual property or other rights of, any third party.
6.4. HHPS at all times shall retain the sole discretion to remove or decline to accept any User Content from the Site without assigning any reason whatsoever. Without limiting the foregoing right, HHPS may monitor the Site for Improper Works (but is not obliged to do so) and reserves the right to remove any User Content which HHPS believes is Improper Works, or which is the subject of any dispute.
6.5. HHPS may in its sole and absolute discretion lift the restriction or suspension of your access to the Site, Services or Account, if HHPS is satisfied that the User Content no longer constitutes Improper Works or is the subject of any dispute. If any fee was charged by HHPS for the display of such removed User Content, HHPS shall restore such paid User Content (provided always that such User Content is no longer deemed as Improper Works or is the subject of any dispute) on to the Site until the remaining term for its display expires subject to the receipt of full payment from the User. For the avoidance of doubt, HHPS shall not be obliged to extend the term for the display of paid User Content, for the time period that such User Content was removed from the Site. In the event that HHPS fails to restore the paid User Content for whatsoever reason, you agree that HHPS shall only be liable to refund the amounts paid for the display and publication of such User Content, on a pro-rated basis for the remaining and unexpired term for its display.
6.6. You agree to indemnify and hold HHPS, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of User Content you submit, post to or transmit through the Site or Services.
7. Use of Services
7.1. General
You acknowledge and agree that:
7.1.1. some Services are subject to further terms and conditions or the execution of a separate contract between HHPS and yourself;
7.1.2. HHPS shall be entitled at any time, at its sole discretion and without prior notice, to:
7.1.2.1. add to, vary, terminate, withdraw or suspend the whole or any part or feature of any Service; and/or
7.1.2.2. add new Services.
7.1.3. Where new Services are added, these Member Conditions and the Website Conditions will also apply to such new Services, in addition to any further terms and conditions which will be notified to you.
7.2. App Services by Subscription
7.2.1. The following terms and conditions apply to subscription on or via the Site to an App or the content or services of an App (“App Services”):
7.2.1.1. Licence
HPPS grants you a non-exclusive, non-transferable, right to use the App Services solely for your personal use subject to the terms and conditions as enumerated herein. All rights not expressly granted pursuant to these Member Conditions are hereby reserved by HPPS.
7.2.1.1. Charges
You shall be solely responsible for payment of any costs or expenses incurred as a result of downloading and using any App Services, including any operator network charges and/or roaming charges (if any).
7.2.1.2. Third-party applications, services or sites:
The App Services may link or connect you to third-party applications, services or sites that are not owned or controlled by HHPS (collectively “Third Party Applications”). The Third Party Applications are subject to the terms and conditions of the relevant third party provider as may be available in their respective websites or within their respective applications. HHPS has no control over and is not responsible or liable for any matters in relation to your transactions with such third parties. Further, HHPS shall not be responsible or in any event liable for any Third Party User Content that may be accessible via this Site.
7.2.1.3. Reverse Engineering:
You shall not reverse engineer, disassemble, decompile or otherwise attempt to gain access to the source code of any App Services. Any part of the App Services shall not be copied or published, licensed, sublicensed, distributed, assigned, transferred or otherwise made available to any third party for commercial use.
7.3. Online Content Services by Subscription
7.3.1. The following terms and conditions governing the subscription on or via the Site to HHPS Content (“Online Subscription Service”):
7.3.1.1 You agree to pay the subscription fee or any other fee chargeable to you in relation to the Online Subscription Service (“Fees”). Subject to Clauses 8.3 and 8.4 herein, all Fees paid by you to HPPS are non-refundable.
7.3.1.1. All application for the Online Subscription Service is subject to HPPS’ approval. All application will be processed within 7 working days from the date of receipt of the application.
7.3.1.2. HPPS does not guarantee that the HPPS Content will remain available as an Online Subscription Service during the subscription period. You acknowledge and agree that HPPS shall have the absolute right to amend or revise the Online Subscription Service, the types of Content and Services available on the Site, the subscription period and the Fee.
7.4. Package Subscription
7.4.1. HHPS may offer a package deal for subscribing to a combination of certain App Services and/or HHPS Content on or via the Site (“Package Subscription”). The terms and conditions governing each component of the Package Subscription are hereby incorporated by reference pursuant to Clauses 7.2, 7.3 and 7.4, unless and except to the extent that there is any conflict or inconsistency with this Clause 7.4, in which case this Clause 7.4 shall prevail.
7.4.2. You agree to pay any subscription fees and other charges for the Package Subscription at the rates in effect when the fees and charges are incurred (“Package Fees”). No cancellation or early termination of the Package Subscription by you is allowed, and subject to Clause 8.3 and Clause 8.4, all Package Fees paid for the Package Subscription are non-refundable. In the event of any cancellation or early termination of the Package Subscription by you, HHPS shall be entitled to recover the unpaid balance of the Package Fees from you. If a Package Subscription was subscribed during any promotion where a discount or special consideration was given in return for a commitment to a minimum service period, HHPS may charge an administrative fee of any amount reasonably related to the extent of the discount or special consideration and the duration of the subscription period, as determined in the sole discretion of HHPS for any cancellation or early termination of a Package Subscription by you.
7.4.3. Existing subscribers to any App Services and/or HPPS Content may upgrade its current subscription to any Package Subscription offered by HPPS at any time. For new subscribers of the Package Subscription who have existing subscriptions to App Services and/or HHPS Content, HHPS may, at its sole discretion, credit the unutilised fees and charges of one or more of these individual subscriptions as at the date of subscription to the Package Subscription by way of:
7.4.3.1. a refund or a set-off against the Package Fees; and/or
7.4.3.2. an adjustment to the subscription period of one or more of the components of the Package Subscription,
For the avoidance of doubt, Clauses 7.3.4.1 and 7.3.4.2 are only applicable if the fee of the Package Subscription is higher than the existing subscription fee.
7.4.4. No refunds or discounts will be allowed for your failure to utilise any individual components of the Package Subscription.
7.5. Online Contests & Lucky Draws
7.5.1. The following terms and conditions apply to HHPS’s online contests and lucky draws (“Contest”):
7.5.1.1. By agreeing to participate in the Contest, you hereby agree and consent to HPPS, its service providers and its advertising and promotion agencies collecting, using and/or disclosing your personal data including but not limited to your name, image and other personal data for purposes as indicated in the Privacy Policy;
7.5.1.2. the Contest shall only be valid during the period set out in the Site or the printed copy of the Contest form (if any);
7.5.1.3. all particulars submitted for participation in the Contest shall be true, accurate, complete and up-to-date. In the event HPPS finds any incorrect, incomplete or false particulars submitted by the participant for the Contest, the entry for the Contest shall be disregarded and disqualified;
7.5.1.4. HPPS shall have the sole and absolute right to:
(i) cancel, amend or vary the Contest; or
(ii) substitute, withdraw or cancel any prize without prior notice and/or without assigning any reason and without any payment or compensation;
7.5.1.5. Contest is open to all residents of Malaysia, 18 years of age and above unless stated otherwise.
7.5.1.6. Multiple submissions are allowed but one person may only win once in the particular category.
7.5.1.7. Copyright of all photographs submitted to this competition remains with the participants. However, by participating in this Contest, Participants agree to grant HPPS a perpetual, irrevocable, royalty free, license to use, reproduce, copy, publicly display, sublicense, modify and fully exploit any photograph submitted.
7.5.1.8 Results of the Contest will be posted on the Site or other mediums as may be determined by HPPS. All prizes not claimed within 15 days will be forfeited by HPPS in its absolute discretion.
7.5.1.9. Prizes are non-transferrable and will only be awarded to the winner. No cash alternative will be awarded in lieu of stated prize(s).
7.5.1.10. Any decision made by HPPS in relation to the Contest shall be final, conclusive and binding on all participants.
7.5.1.11. HHPS and its parent company, affiliates, subsidiaries, agents, and legal advisors are not responsible for any injuries, losses, or damages of any kind arising in connection with or as a result of the gift, or acceptance, possession, or use of the Prize, or from participation in the Contest.
7.5.2. Notwithstanding the foregoing, all Contests organise or run by HPPS are subject to additional terms and conditions that may be made available at the time of such Contest.
8. Fees
8.1 HHPS may offer the use of any Service, subject to payment of a fee or other charges to HHPS. If you wish to use such Service, you shall make full and prompt payment to HHPS of the applicable fees in accordance with the payment terms specified by HHPS at the point of transaction. Unless otherwise stated, all fees are quoted in Ringgit Malaysia.
8.2. You acknowledge and agree that HHPS in its sole and absolute discretion, may now or in the future impose a fee or vary any fee for any Service by giving your prior written notification.
8.3. In the event that any fee for any Service is stated erroneously on the Site or otherwise, as determined in the sole discretion of HHPS, HHPS:
8.3.1. is not obliged to provide the Service to you at the erroneous fee; and
8.3.2. shall be entitled to rectify such error by giving you written notice of the error and of the correct fee.
If you do not agree to make payment of the correct fee after being notified by HHPS, you may terminate the Service and thereafter HHPS shall refund any fees paid by you to HHPS on a pro-rated basis for the remaining and unexpired portion of the term for such Service, as your sole remedy.
8.4. In the event that HHPS terminates or withdraws the operation of any Service, HHPS may (but is not obliged to) refund any fees paid by you to HHPS, on a pro-rated basis for the remaining and unexpired portion of the term for such specific and relevant Service.
8.5. If your Account is terminated at any time by HHPS for breach of the Agreement, or if you cancel any payable Service, you shall not be entitled to any refund of any fees that have been paid to HHPS and shall be liable to pay HHPS the unpaid balance of the full amount of the agreed fees for the Service.
8.6. Your use or access of certain Services or HHPS Content may require payment of additional charges to other third party service providers, including your telecommunications service provider or mobile service provider. You shall be solely responsible for the payment of any applicable telecommunications charges, data charges or other charges incurred in connection with your use or access of the Services or HHPS Content. You should check with your relevant third party service provider(s) if any such additional charges are applicable, prior to using, accessing or purchasing any Service or HHPS Content.
9. HHPS’s Legal & Regulatory Compliance Obligations
9.1 You acknowledge that HHPS may be required under applicable law or upon the receipt of legitimate requirements of government authorities, to carry out acts in breach of the terms of these Member Conditions, and you hereby agree not to hold HHPS liable or responsible for any such breach of these Member Conditions which is made in compliance with such laws or requirements.
10. Evidence
10.1 You hereby agree that:
10.1.1 All records of HHPS relating to the Services, your use or access of the Services or the Site, your Account, your particulars, any Content, or these Member Conditions (collectively “Records”), though in electronic form, are written documents, and you shall not dispute or challenge the validity or enforceability of any Records on the grounds that it is not a written document, is in electronic form, or was produced by or is the output of a computer system, and you hereby waive any such right you may have at law; and
10.1.2 the Records, though in electronic form, are original documents, and you will not challenge the admissibility of any Record on the grounds that it is made in electronic form.
