Terms and Conditions - Accomplish Asia

Terms and conditions

Welcome to our website. Please read the following Website Terms and Conditions carefully (including our Privacy Policy) (collectively “Website Conditions”) before using this site and/or the services (both defined below), so that you are aware of your legal rights and obligations with respect to Accomplish Asia Sdn Bhd and/or its related entities, affiliates and subsidiaries (individually and collectively, “Accomplish“). If you disagree with any part of these terms and conditions, please do not use our website.

Agreement
You are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Website Conditions and you hereby represent and warrant that you have read these Website Conditions
All of the information provided by you to Accomplish (including without limitation personal information) is accurate and complete.
Accomplish reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Website at any time. Accomplish may also restrict your access to parts or the entire Services or Website or impose limits on certain features without notice or liability.
Accomplish may at any time vary or amend these Website Conditions by posting the amended Website Conditions at this Website. Any use of the Services after the amendment of these Website Conditions will be deemed to be acceptance of the amended Website Conditions by you. If you do not agree to the amended Website Conditions, you have the right to close your Account and/or cease using the Services.
1. Definitions
1. In this Agreement, the following definitions shall apply unless the context does not permit such application:
“Account” means a registered account of a Member opened under this Site.
“Agreement” means the agreement formed by these Website Conditions and the Privacy Policy, and in the case of a Member, by these Website Conditions, the Privacy Policy and the Member Conditions.
“App” means any software or mobile application of Accomplish
“Computer” means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Site or the Services.
“Content” means materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content.
“Linked Sites” is defined in Clause 8.1.
“Member” means a registered member of the Site.
“Member Conditions” means the terms and conditions applicable to Members accessible here.
“Personal Information” means, data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access.
“Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.
“Services” is defined in Clause 3.2.
“Site” means the Accomplish website containing the link to these Terms & Conditions.
“Accomplish Content” means all Content of Accomplish that is made available on or via Accomplish Sites.
“Third Party Products” means products and services of third parties, including other users, advertised on or available at the Sites or websites linked from the Sites.
“Third Party User Content” means all User Content which is not created, transmitted, posted or uploaded by you.
“User Content” means all Content on this Site which is created, transmitted, posted or uploaded by a user of the Site.
1. The words “include” and “including” shall not be construed as having any limiting effect.
2. The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.
3. 1. Website and Services
  1. This website owned and maintained by Accomplish Asia Sdn Bhd
  2. Accomplish may offer one or more of the following services on or through this Website :
  1. access to content (including information, news, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts, software applications and other types of works, including any print, digitised or electronic newspapers, magazines, Apps or other content of Accomplish), whether through an online store or otherwise;
  2. a platform to create, upload and publicly make available personalised content;
  3. message boards, forums, blogs and other communication tools;
  4. a social networking platform;
  5. email alerts; and
  6. any other features, content or applications that Accomplish may offer on or via the sites at any time at its sole and absolute discretion.
  1. You acknowledge and agree that to access and use certain services, you will be required to register as an Accomplish Member and additionally shall be bound to comply with the Member Conditions in addition to these Website Conditions.
  Accomplish Member Community
  Our Sites may include discussion groups, blogs, chats and other areas that allow uploading of Content and/or interaction between members of the Accomplish community (each, an “Online Community“). Accomplish does not control or monitor the User Submissions posted to Online Communities, however it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the User Submissions and to terminate your access to and use of the Online Communities in the event your User Submissions violate the Terms of Use, including the User Representations above. Accomplish has no obligation to review or monitor the Online Communities or User Submissions, and is not responsible for such information, including any advice or suggestions made by members of the Accomplish community, including Accomplish Members acting in their independent contractor capacity.
  Certain Online Communities have their own community guidelines or standards which govern User Submissions and other content posted or otherwise published in these Online Communities. Community guidelines or standards applicable to an Online Community can be located in the area within a Site where the Online Communities are accessed. You are responsible for understanding and following any applicable community guidelines or standards.
  Accomplish may modify the rules related to Online Communities without prior notice to you at any time.
  By submitting User Submissions to any Online Community you agree to indemnify and hold harmless Accomplish from all claims, costs and expenses (including legal expenses) arising out of any such User Submissions posted or published by you that are in breach of these Terms and Conditions. Your use of an Online Community is at your own initiative and risk. The opinions expressed via User Submissions in the Online Communities reflect solely the opinion(s) of the participants and do not reflect the opinion(s) or view(s) of Accomplish.
  1. Content Use Conditions
  1. You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
  1. any Service;
  2. the Website;
  3. any Accomplish content, except to the extent permitted, with prior written consent of Accomplish Asia Sdn Bhd or unless expressly permitted in these Website Conditions
  1. You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Accomplish Content available on the Website or through a Service except under the specific circumstances expressly permitted by law or Accomplish Asia Sdn Bhd in writing.
  2. You may for your personal, non-commercial use:
  1. retrieve and display Accomplish Content on any compatible device owned by you;
  2. print a single copy of Accomplish Content on paper (but not photocopy them); and
  3. store such Accomplish Content in electronic form on disk or on a mobile device owned by you (but not on any server or other storage device connected to a network).
  1. Intellectual Property
  1. Intellectual property means ideas, data, inventions, discoveries, developments, enhancements, works of authorship, computer programs, databases and technical, business and other information, and any property rights protected under the patent, copyright, mask work rights, trade secret, trademark or other intellectual property or moral rights laws of any state or national government, including all rights under any registrations issued now or in the future by any governmental authority with respect to the same, and all rights under any pending applications for registration filed now or in the future, in any part of the world.
  2. All intellectual property conceived, developed, comprising, embodied in, or practiced in connection with the Website and Accomplish Services, including all text, graphics, logos, icons, trademarks, service marks, domain names, video and sound recordings, data compilations, computer programs and computer code in the Services, the Sites, and all Accomplish Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with Accomplish. It shall not be reproduced, modified, adapted, distributed, published, displayed, uploaded, broadcast, posted, transmitted or hyperlinked in any manner and in any form without the prior written approval of Accomplish Asia Sdn Bhd. You acknowledge and agree that you have no right, title or interest in or to the Website or the Accomplish Services and will not challenge the ownership or right of Accomplish thereto.
  3. The domain name on which the Sites are hosted on is the sole property of Accomplish Asia Sdn Bhd and you may not use or otherwise adopt a similar name for your own use.
  4. 1. Online Conduct
    1. You hereby undertake:
    1. to comply with these Website Conditions, and such other notices or guidelines that may be posted on the Site by Accomplish at any time (which are hereby incorporated by reference into these Website Conditions);
    2. not to use any Accomplish Content or Accomplish Services for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;
    3. not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and
    4. not to use the Account of another Member at any time, whether with or without his/her permission.
  1. Disclaimers and Limitations
  1. While we make every effort to ensure that all Accomplish Content displayed on the Sites is accurate and complete, we provide the Accomplish Content for informative purposes on an “as is” basis. The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. Accomplish does not sponsor, endorse or promote any products, services or information.To the fullest extent permitted by law, Accomplish:
  1. excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or Accomplish Content; and
  2. excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Accomplish of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
  1. You acknowledge that it is not Accomplish’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that Accomplish does not endorse and shall not be responsible for any such content.
  1. You acknowledge and agree that Accomplish does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and Accomplish hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.
  2. You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and Accomplish shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
  3. You also acknowledge and agree that some Services may enable other users to upload User Content to the Sites, and that some of these may be offensive, annoying, unlawful, in breach of these Website Conditions, contain viruses or cause you damage. While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we cannot be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.
  4. You agree that:
  5. Accomplish shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Sites or Services without assigning any reason; and
  6. access to or the operation of the Sites, Servers and/or Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any such event, Accomplish Asia Sdn Bhd shall not be liable for any loss, liability or damage which may be incurred as a result
  7. 1. To the maximum extent permitted by applicable law, Accomplish disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your Personal Information, including but not limited to any loss of, or any inability to retrieve, any Personal Information, howsoever caused, or any inaccuracy in the Personal Information presented, used or transmitted.
    1. Linked Sites
    1. Accomplish may provide links to other sites (“Linked Sites”) that may be of relevance and interest to users. Accomplish has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.
    1. Data Use and Privacy
    1. Accomplish is registered under the Personal Data Protection Act 2010 (“PDPA 2010”). You agree and acknowledge that Accomplish Asia Sdn Bhd may collect, use, disclose and process your personal information in connection with the provision of the Accomplish Services. Please do not submit any personal information or data without first reading our Privacy Policy which explains our data use and privacy practices in detail.
    1. Termination
    1. You agree that Accomplish has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the Site or Services, without assigning any reason.
    1. Jurisdictional Issues
    1. This website is owned and operated by Accomplish Asia Sdn Bhd in Malaysia. Accomplish Asia Sdn Bhd makes no representation that the Contents of the Website are appropriate or available for use in your location. Those who choose to access this Website from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
    1. Indemnity
    1. You agree to indemnify and hold Accomplish Asia Sdn Bhd, 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:
    1. any use of the Site or any Service;
    2. your connection to the Site;
    3. your breach of any terms and conditions of these Website Conditions;
    4. your violation of any rights of another person or entity; or
    5. your breach of any statutory requirement, duty or law.
    1. Relationship of Parties
    1. Nothing in these Website Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between Accomplish Asia Sdn Bhd and you and neither party shall have any authority to bind the other in any way.
  1. Rights of Third Parties
  1. Except as provided for in Clause 13, a person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
  1. Waiver
  1. No waiver of any rights or remedies by Accomplish shall be effective unless made in writing and signed by an authorised representative of Accomplish.
  2. A failure by Accomplish to exercise or enforce any rights conferred upon it by these Website Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
  1. Force Majeure
  1. No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
  2. For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstances or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement.
  1. Governing Law and Jurisdiction
  1. These Website Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia, and any disputes relating to these Terms and Conditions will be subject to the non-exclusive jurisdiction of the courts of Malaysia.
  2. Accomplish Asia Sdn Bhd failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. These Terms and Conditions constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.