MindCampus Website Terms & Conditions
Welcome to mindcampus.com.my (the “Site”). This site is owned and operated by The New Straits Times Press (Malaysia) Bhd, a corporation incorporated and existing under the laws of Malaysia (collectively, "MindCampus" and/or the "NSTP").
PLEASE READ THESE TERMS OF SERVICE (THESE "TERMS") CAREFULLY BEFORE USING THE SITE. BY ACCESSING AND/OR USING THE SITE (OTHER THAN TO READ THIS AGREEMENT FOR THE FIRST TIME), YOU ARE AGREEING TO COMPLY WITH THESE TERMS, WHICH MAY CHANGE FROM TIME TO TIME WITHOUT NOTICE TO YOU, AS SET FORTH HEREIN BELOW.
YOU ARE HEREBY, AFTER USAGE OF SAID SITE, ENTERING INTO AND AGREEING TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE OR WISH TO BE BOUND BY THIS AGREEMENT, DISCONTINUE YOUR USAGE OF THE SITE AND/OR TERMINATE YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS HEREIN.
- INTELLECTUAL PROPERTY
The Site and its content, including, but not limited to, the site-based functionalities commonly referred to as including but not limited to List of Universities, Courses, Scholarships, About Us, Parameters, Search, Matches, Notifications, Saved and/or Details (collectively, the "Features"), and all functionality related incidentally and/or indirectly thereto, (including those site services for which we may specifically provide a separate customer agreement) and any derivative works or enhancements of the same, including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features and all intellectual property rights to the same are owned by NSTP and third party. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Site are owned by NSTP and third party. Except for the limited use rights granted to you in these Terms, you shall not acquire any right, title or interest in the Site any other intellectual property of MindCampus and third party. Any rights not expressly granted in these Terms are expressly reserved.
- "User" shall mean any individual who completes the registration to become a registered User as set forth herein below, who downloads, installs, views, accesses, and/or uses the Site in any manner, whatsoever, including, but not limited to, You, and other individuals as context may require.
- If you are under the age of 17 years old, then you are not permitted to register as a User or otherwise submit personal information to the Site. MindCampus will not knowingly collect any personally identifiable information from children under the age of 17, nor will children under the age of 17 be allowed to register as a User. The Site is not intended for children under the age of 17. MindCampus will not knowingly register or otherwise collect personal information from people who identify themselves as being under the age of 17 during the registration process, without prior consent of such child's parent or guardian.
- To become a registered User, you shall:
Provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a username and password, and input identifying information, such as your functioning phone number, email and/or educational information, billing information, and possibly credit/debit card information, which may permit you access to certain areas of the Site not available to non-registered users (an "Account"). You are responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You agree to notify us immediately at [firstname.lastname@example.org] of any breach of security or unauthorized use of your Account.
Operating Costs. MindCampus provides matching to crowdfunding / “Fund-a-Future” feature on the parameters that you provide or the contribution by you where applicable. Certain MindCampus services are provided to you free-of-charge. Other MindCampus services require payment before you can access them. The MindCampus services that may be accessed after payment are currently referred to as the MindCampus Membership. Operating Costs may be applicable for the Scholarship Value or Fund-a-Future to operate scholarship application, administration for the MindCampus Site.
- In no way is any right, title, interest, or any other portion except for such rights and/or privileges hereby given, to You by MindCampus for use strictly in adherence with these Terms. The terms "Site and/or Features and/or Account," in addition to the definitions set forth above, shall include to mean, and refer to the following:
- any updates, modifications or enhancements thereto regardless of whether the same are accessible by You or not; and
- any specific site the site directs you to via any browser located on your Device, if the same is maintained by MindCampus, or its affiliates.
- "Device" shall mean any computing device capable of operating the site, including, but not limited to, the iPhone, iPod Touch, iPad, and such other similar products by Apple and/or any mobile devices manufactured and/or implementing Android or any other operating system.
- In exchange for the Registration:
You may not access the Site if you are a direct competitor of MindCampus, except with MindCampus's prior written consent. In addition, you may not access the Site for the purposes of monitoring its availability, performance, functionality, or for any other benchmarking or competitive purpose.
You agree that at all times while using the Site you will comply with all applicable Federal, State, international, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms, You may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit the application for any purpose, whatsoever, without obtaining prior written consent from MindCampus, any third-party, or other Users in the case of User-Generated Content, as set forth hereinafter, who is the respective owner of such content. You hereby expressly acknowledge that you do not acquire any ownership rights or interests of any nature by way of any usage of the Site, and that MindCampus may revoke your rights, privileges and/or access without any notice to You whatsoever, and thereby your rights to continued usage of the Site and/or any of your information stored therein or associated therewith.
- These rights hereby established by these Terms shall be effective until terminated. MINDCAMPUS MAY TERMINATE YOUR RIGHTS AND/OR THESE TERMS WITH, OR WITHOUT ANY NOTICE TO YOU WHATSOEVER.
- MindCampus may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate these Terms, the Site and/or Account, Your usage and access to same, and any rights or privileges afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of these Terms, then these Terms and any rights granted to You shall terminate automatically, without any notice or other action by NSTP. Upon the termination of these Terms, You shall cease all use of the Site and delete the Account.
- CONTENT GENERATED BY REGISTERED USERS
- MindCampus may now, or in the future, permit registered Users to post, upload, transmit through, or otherwise make available on the Site (collectively, "Submit") messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, financial information, legal information and/or other materials ("User-Generated Content"). USER-GENERATED CONTENT INCLUDES INFORMATION ABOUT YOU SUBMITTED TO MINDCAMPUS DURING REGISTRATION FOR THE SITE AND INFORMATION SUBMITTED TO MINDCAMPUS IN THE COURSE OF SEARCHING FOR SCHOLARSHIPS, SUCH AS THAT INFORMATION ENTERED INTO THE "PARAMETERS." BY SUBMITTING USER-GENERATED CONTENT TO THE SITE, YOU ASSIGN AND TRANSFER ALL RIGHT AND TITLE THEREIN TO MINDCAMPUS TO THE FULLEST EXTENT PERMITTED BY LAW. AS SUCH, MINDCAMPUS MAY USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, PERFORM, AND DISPLAY ALL USER-GENERATED CONTENT, INCLUDING, BUT NOT LIMITED TO, REMARKS, SUGGESTIONS, IDEAS, GRAPHICS, OR OTHER INFORMATION COMMUNICATED TO MINDCAMPUS THROUGH THE SITE, AND TO INCORPORATE ANY USER-GENERATED CONTENT IN OTHER WORKS IN ANY FORM, MEDIA, OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED. MINDCAMPUS WILL ALSO BE FREE TO USE ANY IDEAS, CONCEPTS, KNOW-HOW OR TECHNIQUES CONTAINED IN THE USER-GENERATED CONTENT FOR ANY PURPOSE WHATSOEVER INCLUDING, WITHOUT LIMITATION, DEVELOPING, MANUFACTURING AND MARKETING PRODUCTS AND SERVICES INCORPORATING SUCH INFORMATION. YOU INDEMNIFY THAT THE USER-GENERATED CONTENT POSTED, UPLOADED AND TRANSMITTED ARE TRUE, ACCURATE AND COMPLETE INFORMATION AND, IF SUCH INFORMATION CHANGES, YOU WILL PROMPTLY UPDATE MINDCAMPUS THE RELEVANT INFORMATION. To the extent that any User-Generated Content may not be legally assigned or transferred as stated above, You hereby grant to such non-assignable / non-transferable User-Generated Content to MindCampus the royalty-free, perpetual (or otherwise longest duration permitted by law), irrevocable, transferable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all such User-Generated Content, and to incorporate any such User-Generated Content in other works in any form, media, or technology now known or later developed. MindCampus will not be required to treat any User-Generated Content as confidential, and may use any User-Generated Content in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future MindCampus operations.
- You shall not submit any User-Generated Content protected by copyright, trademark, patent, trade secret, moral rights, or other intellectual property, personal, contractual, proprietary or other third party right without the express permission of the owner of the respective right. YOU ARE SOLELY LIABLE FOR ANY DAMAGE RESULTING FROM YOUR FAILURE TO OBTAIN SUCH PERMISSION OR FROM ANY OTHER HARM RESULTING FROM USER-GENERATED CONTENT THAT YOU SUBMIT.
- You represent, warrant, and covenant that you will not submit any User-Generated Content that:
- Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral rights, or other intellectual property, personal, contractual, proprietary or other third party right of any person or entity;
- Impersonates another or is unlawful, threatening, abusive, harassing, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
- Encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
- Is an advertisement for goods or services (without MindCampus's express written permission);
- Unnecessarily includes personal information;
- Contains a formula, instruction, or advice that could cause harm or injury;
- Is a chain letter of any kind;
- The licensed use by us hereunder would result in us having any obligation or liability to any party; or
- Violates any of the exclusions to use set forth in Section VI(B) below.
- Amounts to any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Site, which will not be permitted.
- WE RESERVE THE RIGHT TO DELETE, DISABLE OR OTHERWISE ELIMINATE FROM THE SITE ANY USER-GENERATED CONTENT THAT WE DEEM VIOLATIVE OF THESE TERMS AND/OR ANY RULE OF LAW, REGULATION OR PROTOCOL, IN OUR SOLE DISCRETION.
- We have the right, but not the obligation, to monitor all User-Generated Content. We have no obligation to post, maintain or otherwise make use of User-Generated Content and do not guarantee distribution of User-Generated Content. We may discontinue operation of the Site and/or User-Generated Content, or your use of the Site and/or User-Generated Content, in either case in whole or in part, in our sole discretion. You have no right to maintain or access your User-Generated Content on the Site and we have no obligation to return your User-Generated Content or otherwise make it available to you.
- The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User-Generated Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof to The New Straits Times Press (Malaysia) Bhd [email@example.com].
- We strive to keep User-Generated Content secure but cannot guarantee that we will be successful at doing so, given the nature of the Internet. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection, and backup of User-Generated Content. We strongly encourage you, where available and appropriate, to (a) use encryption technology to protect User-Generated Content from unauthorized access, (b) routinely archive User- Generated Content, and (c) keep your User-Generated Content or any software that you use or run with the Site current with the latest security patches or updates. WE SHALL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED ACCESS OR USE, CORRUPTION, DELETION, DESTRUCTION, OR LOSS OF ANY OF USER-GENERATED CONTENT.
- Feedback. In the event you elect, in connection with any of the Site, to communicate to us suggestions for improvements to the same or to any other property of MindCampus, intellectual or otherwise, (collectively, "Feedback"), we shall own all right, title, and interest in and to the same, even if you have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title, and interest in and to the Feedback to us and agree to provide us with such assistance as we may require to document, perfect, and maintain our rights to the Feedback.
- Governmental requests for User-Generated Content. In keeping with our efforts to maintain your privacy, we will not disclose User-Generated Content to any governmental agency, body and/or department unless lawfully sought by presentation to us of a valid Court order, warrant or other such document.
- Digital Communication. MINDCAMPUS IS NOT RESPONSIBLE FOR COMMUNICATION INITIATED BY REGISTERED USERS THROUGH THE SITE. OUR SERVICE IS A MEANS OF COMMUNICATION FOR REGISTERED USERS ONLY. DIGITAL COMMUNICATION MAY NOT BE AN OFFICIAL LEGAL FORM OF COMMUNICATION FOR ANY REASON. MINDCAMPUS WILL NOT BE HELD RESPONSIBLE FOR A USER'S FAILURE TO RECEIVE ANY BENEFIT OFFERED ON THE SITE.
- ACCESS AND USE
- When using the Site, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit the Site for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. In certain instances, we may permit you to download or print Site and/or Features and/or Account or both. In such a case, you acknowledge that you do not acquire any ownership rights by downloading or printing any portion of the Site.
- Except as expressly permitted in these Terms, you may not:
- Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Site.
- Circumvent, disable or otherwise interfere with security-related features of the Site, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Site;
- Use an automatic device (such as a robot or spider) or manual process to copy or scrape the Site for any purpose without the express written permission of MindCampus;
- Attempt to or interfere with the proper working of the Site or impair, purposely overburden, or disable the same;
- Decompile, reverse engineer, or disassemble any portion of the Site and/or Features and/or Account;
- Use network-monitoring software to determine architecture of or extract usage data from the Site;
- Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., accessing another member's account without permission, etc.);
- Violate Malaysian laws, including, without limitation, violations of the Universities and University Colleges Act 1971 and Private Higher Educational Institutions Act 1996;
- Engage in any conduct that restricts or inhibits any other user from using or enjoying the Site;
- Use the Site to encourage conduct taking place offline or on other third-party Sites that violates any local, state or federal law, either civil or criminal;
- Fail to remove, eliminate, resolve and/or take down any content allegedly infringing of a third-party's rights of any kind once notice of alleged infringement by MindCampus has been given pursuant to the terms herein; and/or
- You agree to cooperate fully with MindCampus to investigate any suspected or actual activity that is in breach of these Terms.
- MINDCAMPUS HEREBY EXPRESSLY RESERVES THE RIGHT TO PREVENT ANY USER(S) FROM ACCESSING THE SITE FOR ANY REASON, OR NO REASON, WITHIN ITS SOLE DISCRETION.
- Registered accounts are protected by and subject to security safeguards. You agree that such safeguards are necessary and further agree that your Account shall be subject to all such safeguards.
- CONDITIONS FOR LINKING TO SITE
Upon your acceptance of these Terms as evidenced by your clicking where indicated below your acceptance of and agreement to these Terms, we hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Site from any site you own or control that is not commercially competitive with the Site and does not criticize or otherwise injure the Site, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.
- THIRD-PARTY LINKS
- In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of information displayed by the Site including information extracted from third party source. UNDER NO CIRCUMSTANCES WILL MINDCAMPUS BE LIABLE FOR ANY LOSSES OR DAMAGES CAUSED BY ANY USER'S RELIANCE ON ANY INFORMATION DISPLAYED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL INFORMATION RELATING TO ANY OFFERS FOR SCHOLARSHIPS, AWARDS, PAYMENTS OR ANY OTHER BENEFIT OFFERED TO ANY USER OF ANY KIND BY ANY OFFEROR.
- In some instances, Site and/or Features and/or Account will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Site by anyone other than authorized employees or spokespersons while acting in their official capacities.
- YOU ACKNOWLEDGE THAT MINDCAMPUS DOES NOT INVESTIGATE, MONITOR, REPRESENT OR ENDORSE THE THIRD-PARTY CONTENT AND SERVICES (INCLUDING ANY THIRD-PARTY SITES, OR OTHER SERVICES, AVAILABLE THROUGH THE SITE). FURTHERMORE, YOUR ACCESS TO AND USE OF THE THIRD-PARTY CONTENT AND SERVICES IS AT YOUR SOLE DISCRETION AND RISK, AND MINDCAMPUS AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS, SHALL HAVE NO LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE THIRD-PARTY CONTENT AND SERVICES. MINDCAMPUS HEREBY DISCLAIMS ANY REPRESENTATION, WARRANTY, OR GUARANTY REGARDING THE THIRD-PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY REPRESENTATION, WARRANTY, OR GUARANTY REGARDING THE AVAILABILITY, QUALITY, RELIABILITY, FEATURES, APPROPRIATENESS, ACCURACY, COMPLETENESS, OR LEGALITY OF THE THIRD-PARTY CONTENT AND SERVICES.
- The Site may contain links to other Sites and websites maintained by third-parties, including the payment processor for the payment of the Operating Costs. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party Sites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party Sites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their Site.
- USER LIABILITY
- Liability of registered User(s). Registered User is responsible for any and all complaints, claims, causes of action and/or lawsuits caused by or arising out of registered User's breach of these Terms and/or registered User's use of the Site and/or User-Generated Content. Registered User shall indemnify, reimburse and hold MindCampus harmless for any and all such liability to the extent permitted by law and in accordance with Sections X-XII below.
- Actions by MindCampus. If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect MindCampus, Users, and other third parties claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
- We may close, suspend, or limit your access to your Account and/or the Site and/or Features;
- We may contact your bank or credit card issuer, and/or warn other Users, law enforcement, or impacted third parties of your actions;
- We may update inaccurate information you provided us;
- We may refuse to provide access to the Site to you in the future; and/or
- We may take legal action against you.
- Actions by other third parties. You are responsible for third party complaints caused by or arising out of your breach of these Terms, and/or your use of the Site and/or User-Generated Content. You agree to reimburse MindCampus and/or a third party for any and all such liability.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MINDCAMPUS, AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, OBLIGATIONS, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) ARISING OUT OF, RELATED TO, OR THAT MAY ARISE IN CONNECTION WITH:
- YOUR ACCESS TO OR USE OF THE SITE;
- USER-GENERATED CONTENT PROVIDED BY YOU OR THROUGH THE USE OF YOUR ACCOUNT;
- ANY ACTUAL OR ALLEGED VIOLATION OR BREACH BY YOU OF THESE TERMS;
- ANY ACTUAL OR ALLEGED BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT THAT YOU HAVE MADE TO US; (V) YOUR ACTS OR OMISSIONS;
- LOSS OF OR DAMAGE TO USER-GENERATED CONTENT FOR ANY REASON. YOU AGREE TO COOPERATE FULLY WITH US IN THE DEFENSE OF ANY CLAIM THAT IS THE SUBJECT OF YOUR OBLIGATIONS HEREUNDER.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. MINDCAMPUS DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY:
- WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS;
- WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SITE;
- WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE;
- WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR SITE OR ACCESSED THROUGH THE SITE;
- WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE;
- WARRANTIES THAT YOUR USE OF THE SITE WILL BE SECURE OR UNINTERRUPTED;
- WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE THIRD PARTY CONTENT APPEARING IN THE SITE; AND
- WARRANTIES THAT ERRORS IN THE SITE WILL BE CORRECTED. ANY CONTENT OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. MINDCAMPUS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT OR SOFTWARE AND/OR USE OF THE SITE.
- LIMITATION ON LIABILITY
- UNDER NO CIRCUMSTANCES SHALL MINDCAMPUS, AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SITE AND/OR THESE TERMS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE INCLUDING, WITHOUT LIMITATION, THE SITE IS TO STOP USING THE SITE. SUCH LIMITATION SHALL ALSO SITELY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE SITE OR ANY LINKS ON THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE SITE.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF MINDCAMPUS AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE AMOUNT OF THE SINGLE INSTANCE REGISTRATION FEE PAID TO MINDCAMPUS BY THE USER.
- YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, OR IN ANYWAY RELATED TO THESE TERMS, MUST BE FILED WITHIN SIX (6) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM WILL BE FOREVER BARRED.
- IN SOME JURISDICTIONS LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING, THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
- Disputes involving MindCampus. In the event that a lawsuit is filed against a User of MindCampus, and MindCampus needs to seek legal counsel for any involvement in the matter, the User shall pay for all legal fees associated with the lawsuit. This clause in no way limits MindCampus's right to hire legal counsel of its choice.
- We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your access to the Site for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms. You agree that MindCampus shall not be liable to you or any third party for any termination or suspension of your Account or for blocking your access to the Site and/or any User-Generated Content that may reside there.
- If you become a registered user, you may terminate your Account at any time by accessing your Account and deleting it (if available). Before any Account may be deleted, any outstanding charges issued against the Account must be paid (if applicable).
- Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your Account or these Terms shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, and provisions related to choice of law.
- CHOICE OF LAW; FORUM
These Terms shall be construed in accordance with the laws of Malaysia.
MindCampus makes no representation that content on the Site are appropriate or available for use in other locations . If you access this site from another location, you do so on your own initiative and are responsible for compliance with local laws, if, and to the extent they are applicable. The parties consent to the exclusive jurisdiction and venue of the federal and state courts located in Malaysia, in any action arising out of or relating to these Terms. The parties waive any other venue to which either party might be entitled by domicile or otherwise.
- AMENDMENT; ADDITIONAL TERMS
- We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Site or to modify these Terms.
- In addition, we reserve the right to provide you with operating rules or Additional Terms that may govern your use of the Site generally, unique parts of the Site, or both ("Additional Terms"). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms. To the extent any Additional Terms conflict with these Terms, the Additional Terms will control.
- Modifications to these Terms or Additional Terms will be effective immediately upon notice, either by posting on the Site or by notification by email or conventional mail. It is your responsibility to review these Terms and the Site from time to time for any changes or Additional Terms. Your access and use of the Site following any modification of these Terms or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revisions to the Terms or any Additional Terms, you may terminate your Account as provided in Section XII above or, if you do not have an Account, your only recourse is to immediately discontinue use of the Site.
- CHOICE OF LAW; MANDATORY ARBITRATION.
- THIS AGREEMENT, THE SITE AND/OR ANY DISPUTE ARISING THEREFROM SHALL BE GOVERNED BY AND CONSTRUED ACCORDING TO THE LAWS OF MALAYSIA. THE PARTIES WAIVE ANY OTHER VENUE TO WHICH EITHER PARTY MIGHT BE ENTITLED BY DOMICILE OR OTHERWISE. MINDCAMPUS MAKES NO REPRESENTATION THAT MATERIALS ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS.
- Any delay or failure on the part of us to exercise or enforce any rights under these Terms to which we may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
- You may not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. MindCampus reserves the right to transfer or assign these Terms or any right or obligation under these Terms at any time.
- Notices. Except as otherwise set forth herein, notices made by us to you under these Terms that affect our customers generally (e.g., notices of Additional Terms, etc.) will be posted on the Site. Notices made by us under these Terms for you or your Account specifically (e.g., notices of breach and/or suspension) will be provided to you via the email address provided to us in your registration for the Account or in any updated e-mail address you provide to us in accordance with standard account information update procedures we may provide from time to time. It is your responsibility to keep your email address current and you will be deemed to have received any email sent to any such email address, upon our sending of the email, whether or not you actually receive the email. For notices made by you to us under these Terms and for questions regarding these Terms or the Services, you may contact Terms as follows: The New Straits Times Press (Malaysia) Bhd, and [firstname.lastname@example.org]. All communications and notices to be made or given pursuant to these Terms shall be in the English language.
- Relationship. Nothing contained in these Terms shall be deemed to constitute either party a partner, joint venture or employee of the other party for any purpose.
- Force Majeure. MindCampus shall not be liable for any default, delay in the performance of any of its obligations under these Terms or your inability to access the Site and/or User-Generated Content if such default or delay is caused, directly or indirectly, by forces beyond MindCampus's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications (including third party integrations related to social media, server malfunctions, or any other mechanical, electronic, or communication error), power outages, supply shortages or the failure of any third party to perform any commitment relating to the production or delivery of any equipment or material required for MindCampus to perform its obligations hereunder.
- Attorney's Fees. In any dispute arising out of or related to these Terms, MindCampus shall have the right to collect from the other party its reasonable attorney fees and costs and necessary expenditures and such punitive and/or liquidated damages as the arbiter deems appropriate and just.
This Personal Data Protection Notice (“Notice”) describes how Media Prima Berhad (Company No. 532975 A) and its respective subsidiaries, associate companies and jointly controlled entities (“MPB”) use your Personal Data.
MPB is referred to as “we”, “us”, “our” or “ours”. Any person using and accessing this Site, the Content or the Services is referred to as the “User”, “you” or “yours”.
Acknowledgement and Consent
By communicating with us, using our services, purchasing products from us or by virtue of your engagement with us, you acknowledge that you have read and understood this Notice and agree and consent to the use, processing and transfer of your Personal Data by us as described in this Notice.
We shall have the right to modify, update or amend the terms of this Notice at any time by placing the updated Notice on the Websites. By continuing to communicate with us, by continuing to use our services, purchasing products from us or by your continued engagement with us following modifications, updates or amendments to this Notice, such actions shall signify your acceptance of such modifications, updates or amendments.
In the event of any conflict between the English and other language versions, the English version shall prevail.
Collection of Personal Data
“ Personal Data ” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, fax number, bank details, credit card details, race, gender, date of birth, marital status, resident status, education background, financial background, personal interests, email address, your occupation, your designation in your company, your company details, the industry in which you work in, any information about you which you have provided to us in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by us from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
The provision of your Personal Data is voluntary. However if you do not provide us with your Personal Data, we will not be able to process your Personal Data for the Purposes and Additional Purposes outlined below.
If you are an agent, vendor, supplier or service provider, provision of your Personal Data is mandatory and failure to provide your Personal Data, may be a breach of laws or regulatory requirements, and may cause us to be unable to engage you to provide services or products or issue payments to you for products or services provided.
Sources from which your Personal Data may be obtained
In addition to the Personal Data you provide to us directly, we may collect your Personal Data from a variety of sources such as:
- Fill up and completing application or registration forms or any other similar forms via online or otherwise;
- When you register at the Site(s) as a user;
- From publicly available sources such as directories,
- From Facebook pages, if you follow, like or are a fan of such pages;
- From credit reporting agencies;
- When you interact and communicate with us at any events or activities;
- When you enter contests organised by us ,
- From various entities or divisions under MPB;
- By using MPB websites, which includes all websites operated by MPB and under the names of its respective brands (“ Websites ”). The list of Websites can be found in the Business Directory at http://www.mediaprima.com.my/Default.aspx . Your personal data may also be collected from cookies used on the Websites;
- From our server logs when you log into the Websites, such as details of internet protocol address; or
- From telephone log information when you call us, such as your telephone number.
Purposes of Processing
We may use and process your Personal Data for business, and administrative purposes of MPB which shall include, without limitation the following (“ the Purpose ”):
Where you are a customer or our subscriber:
- to perform our obligations in respect of any contract entered into with you;
- to provide you with any services or products you have requested;
- to process your subscription for our Services and to deliver those subscribed Services to you;
- to process your purchase or request for advertising space;
- where you have requested materials from the resource centre or library, to process your request, to deliver the materials to you, to provide you a license for the content you wish to use;
- to process your participation in any events, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions;
- process, manage or verify your application for subscription with us and to provide you the benefits offered to subscribers;
- to validate your purchases and process payments relating to any products or services you have requested;
- to understand and analyse our sales as well as your needs and preferences;
- to develop, enhance and provide products and services to meet your needs;
- to process exchanges or product returns;
Where you are an agent, vendor, supplier or service provider:
- for the purposes of engaging you to provide services or products;
- to facilitate or enable any checks as may be required by us in order to engage you;
- to process payments for charges and taxes of the products or services that you have provided to MPB;
- to contact you or your company;
- to respond to questions, comments and feedback from you;
- to communicate with you for any of the purposes listed in this Notice;
- for internal administrative purposes, such as auditing, data analysis, database records;
- for purposes of investigation, detection, prevention and prosecution of security breaches, crime or fraud;
- for us to comply with its obligations under law;
- to maintain appropriate records for internal administrative purposes;
By using the Websites, our products and services, you agree and consent that we use, process and store your Personal Data for the Purposes and in the manner as identified in this Notice.
Marketing and promotional purposes
We may also use and process your data for other purposes such as (“ Additional Purposes ”):
- To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from us, our partners, sponsors or advertisers;
- To notify and invite you to events or activities organised by us, our partners, sponsors or advertisers;
- To process your registration to participate in or attend an event or activity and to communicate with you regarding your attendance at the event or activity;
- To share your Personal Data amongst our subsidiaries, associate companies and jointly controlled entities for the Purpose and to market their products, services, events or promotions; and
- To share your name and contact number with our partners, advertisers, event companies or sponsors who may communicate with you, for the purpose of marketing and promotions;
by way of postage, personal delivery, courier service, e-mail, call or message either through electronic devices or mobile applications, or any other platforms on the internet.
Transfer of Personal Data
Your Personal Data may be transferred to, stored, used and processed in a jurisdiction other than Malaysia, to companies under MPB which are located outside of Malaysia and/or where MPB’s servers are located outside of Malaysia. You understand and consent to the transfer of your Personal Data out of Malaysia as described herein.
Disclosure to Third Parties
Your personal data may be transferred, accessed or disclosed to third parties for the Purposes and Additional Purposes. Further, we may engage other companies, service providers or individuals to perform functions on its behalf, and consequently may provide access or disclose to your Personal Data to such service providers or third parties. The third parties referred to in this Section include (without limitation):
- Delivery agents such as newspaper vendors and newsagents;
- Our partners and advertisers, which include parties with whom we collaborate with for certain events, programmes and activities;
- Event management companies and event sponsors;
- Marketing research companies;
- Service providers, including, information technology (IT) service providers for infrastructure, software and development work;
- Professional advisors and external auditors, including legal advisors, financial advisors and consultants;
- Other entities within MPB; and
- Governmental authorities to comply with statutory, regulatory and governmental requirements.
Your Personal Data may also be shared in connection with a corporate transaction, such as a sale of a subsidiary or a division, merger, consolidation, or asset sale, or in the unlikely event of winding-up.
Withdraw or revoke consent
Please notify us in writing if you wish to withdraw or revoke your consent from our use and process your Personal Data for the Purposes and the Additional Purpose as stipulated herein.
If you wish to unsubscribe to the processing of your Personal Data for Additional Purposes by us, please click on the link “Unsubscribe” which is embedded in the relevant email in order not to receive any email in the future.
Access & Correction Requests and Inquiries, Limiting the Processing of Personal Data
You may submit your complaints, request for access to and/or request correction of your Personal Data, request to limit the processing of your Personal Data for the Additional Purposes and/or make any inquiries regarding your Personal Data by contacting:
- Designation : General Manager, Regulatory Affairs / Intellectual Property
- Address : Level 2, Balai Berita, Anjung Riong, No. 31 Jalan Riong, Bangsar, 59100 Kuala Lumpur, Malaysia
- Email : email@example.com
- Telephone Number : 603 2724 8927
- Fax Number : 603 2282 0152
- Operating Hours : 9am – 6pm from Mondays – Fridays (excluding Public Holidays)
We may impose a fee for processing the aforesaid requests.
In respect of your right to access and/or correct your Personal Data, we have the right to refuse the your requests to access and/or make any correction to your Personal Data for the reasons permitted under law, such as where the expense of providing access to you is disproportionate to the risks to your or another person’s privacy.
If you do not wish for your Personal Data to be collected via cookies on the Websites, you may deactivate cookies by adjusting your internet browser settings to disable, block or deactivate cookies, by deleting your browsing history and clearing the cache from your internet browser.
Personal Information from Minors and Other Individuals
As a parent or legal guardian, please do not allow the minor (individuals under 18 years of age) under your care to submit Personal Data to us. In the event that such Personal Data is provided to us, you hereby consent to the processing of the minor’s Personal Data and personally accept and agree to be bound by this Notice and take responsibility for his or her actions.
Consent from third parties
In some circumstances you may have provided personal data relating to other individuals (such as your spouse, family members or friends) and in such circumstances you represent and warrant that you are authorised to provide their personal data to us and you have obtained their consent for their personal data to be processed and used in the manner as set forth in this Notice.
Links to Third-Party Websites
Personal Data Protection Notice (PDPN)