A. ACCEPTANCE OF TERMS
Welcome to MCKK website! MCKK.EDU.MY is an Internet-based online information and communications service (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms of Use.
By accessing or using MCKK.EDU.MY, you agree to be bound by the terms and conditions of this agreement. If you do not wish to be bound by this agreement, you may not access or use MCKK.EDU.MY.
MCKK.EDU.MY may modify this agreement at any time, and such modification shall be effective immediately upon either posting of the modified agreement or notifying you. You agree to review this agreement periodically to ensure that you are aware of any modifications. You also agree that MCKK.EDU.MY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Your continued access or use of MCKK.EDU.MY shall be deemed your conclusive acceptance of the modified agreement.
B. DISCLAIMER
The information contained in MCKK.EDU.MY is compiled from a variety of sources (“Information Providers”). MCKK.EDU.MY services and information are provided “AS-IS” without warranty, express or implied.
MCKK.EDU.MY and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Service. MCKK.EDU.MY and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. MCKK.EDU.MY and Information Providers do not warrant or guarantee that the functions or Services performed in MCKK.EDU.MY will be uninterrupted or error-free or that defects in MCKK.EDU.MY will be corrected. No advice or information, whether oral or written, obtained by you from MCKK.EDU.MY or through or from the Service shall create any warranty not expressly stated in the Terms of Use.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. Users of MCKK.EDU.MY are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to MCKK.EDU.MY for the reconstruction of any lost data.
C. CONDUCT
By using this Service, you agree not to use the Service to:
- upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive or another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation except in areas that are designated for such purpose;
- upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- Intentionally or unintentionally violate any applicable local, national, or international laws.
D. LINKS
You are encouraged to use discretion while browsing the Internet on searches initiated at MCKK.EDU.MY. MCKK.EDU.MY links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites that contain inaccurate information, false or misleading advertising, or information that violates copyright, libel or defamation laws.
Since MCKK.EDU.MY has no control over such sites and resources, you acknowledge and agree that MCKK.EDU.MY is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
E. COPYRIGHT
The entire contents of MCKK.EDU.MY are copyrighted as a collective work under the laws of Malaysia and other copyright laws. MCKK.EDU.MY holds the copyright in the collective work. The collective work includes works that are the property of the Information Providers that are also protected by copyright and other intellectual property laws.
You may display, subject to any expressly stated restrictions or limitations relating to specific material, and download portions of the material from the different areas of MCKK.EDU.MY solely for your own non-commercial use, unless otherwise permitted. Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from MCKK.EDU.MY.
F. LICENSES AND IDEA SUBMISSIONS
You agree to grant to MCKK.EDU.MY a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of MCKK.EDU.MY by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against MCKK.EDU.MY for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
G. INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD MCKK.EDU.MY, ITS OFFICERS, DIRECTORS, STUDENTS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES AND COURT COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST TO OR TRANSMIT THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
H. WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER MCKK.EDU.MY, NOR ITS OFFICERS, DIRECTORS, STUDENTS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF MCKK.EDU.MY.
YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST MCKK.EDU.MY, ITS OFFICERS, DIRECTORS, STUDENTS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF MCKK.EDU.MY.
NOTWITHSTANDING THE FORGOING PARAGRAPH, THE TOTAL LIABILITY OF MCKK.EDU.MY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL MCKK.EDU.MY, ITS OFFICERS, DIRECTORS, STUDENTS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION ARE HEREBY EXCLUDED EVEN IF MCKK.EDU.MY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
I. THIRD PARTY RIGHTS
The provisions of paragraph G (Indemnification) and H (Waiver, Release and Limitation of Liability) are for the benefit of MCKK and its officers, directors, students, employees, agents, licensors, suppliers, and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
J. TERMINATION
Either you or MCKK may terminate your right to use MCKK.EDU.MY at any time, with or without cause, upon notice. The provisions of paragraphs E (Copyright), F (Licenses and Idea Submissions), G (Indemnification), H (Waiver, Release and Limitation of Liability), H (Third Party Rights), and N (General Information) shall survive any termination of the Terms of Use.
K. NOTICE
Notice to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Service.
L. TRADEMARK INFORMATION
MCKK and the MCKK.EDU.MY logo are trademarks of The Malay College Kuala Kangsar (MCKK). All other trademarks appearing on the Service are trademarks of their respective owners.
M. GENERAL INFORMATION
The Terms of Use constitute the entire agreement between you and MCKK and govern your use of the Service, superseding any prior agreements between you and MCKK.
The Terms of Use shall be governed by and construed in accordance with the laws of Malaysia. You agree that any legal action or proceeding between MCKK.EDU.MY and you for any purpose concerning the Terms of Use or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the city of Kuala Lumpur, Malaysia.
MCKK.EDU.MY’s failure to insist upon or enforce strict performance of any provision of the Terms of Use shall not be construed as a waiver of any provision or right. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Any cause of action or claim you may have with respect to MCKK.EDU.MY must be commenced within one (1) year after the claim or cause of action arises or is forever barred. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of the Terms of Use. MCKK.EDU.MY may assign its rights and duties under the Terms of Use to any party at any time without notice to you.