PLI has made available and is providing a web-based communication tool and shared learning forum which includes but is not limited to online forums, online applications, personalised websites, online newsletters, games, bulletin boards, chat rooms, e-mail accounts and classifieds ("the Services") via the PLI website and its Network ("PLI Website").
You acknowledge that PLI provides the Services to you subject to the following terms and conditions without any modifications whatsoever on your part.
Acceptance of Terms of Service
The Services are provided free of charge to you unless otherwise indicated PLI reserves the right, at its sole and absolute discretion to change, modify, vary, delete or add to these Terms of Service at any time and without prior notice to you. For the avoidance of doubt, you are to make due inquiries, and regularly review the information posted on the PLI’s Website to ascertain any such changes. Any use by you of PLI Website and the Services after the posting of any such changes, modifications, variations or additions will constitute your acceptance of the terms and conditions as changed, modified, varied or added. If you do not wish to be bound by these changes to the then Terms of Service, you must not use the Services. Your continued use of PLI Website and the Services will signify your acceptance of any change in the Terms of Service set forth herein. Unauthorised access, display, downloading,
licensing, modification, reposting, use (including the creation of derivative works), distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the PLI’s Website, including but not limited to all information, statements, text, articles, data, images, screens, webpages, messages, services, products, courses, events and tools ("the Contents") is hereby expressly prohibited.
From time to time PLI may supplement these Terms of Service with additional terms pertaining to specific content, services, products, courses or events ("Additional Terms") and you understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
User Conduct Guidelines
PLI will, by using its best endeavour, pre-screen contents provided to the PLI Website and that may be accessible on the PLI Website.
PLI may at its discretion remove or modify such content on the basis that it is or may be in breach of these Terms of Service or is otherwise objectionable PLI shall not be bound to accede to any request for the removal of any content.
PLI does not guarantee the veracity, accuracy, integrity or quality of any of the Contents. You are entirely responsible for all the Contents that you upload, post, email, transmit or otherwise make available via the Services. Under no circumstances will PLI be liable in any way for any Contents, including, but not limited to, any errors or omissions in any Contents, or for any loss or damage of any kind incurred as a result of the use of any of the Contents posted, emailed, transmitted or otherwise made available or accessible via the PLI Website.
You agree that in using the Services you shall not do any act, or omit from doing any act, or consent to the doing of any act, if such act, omission or consent will or is likely to:-
- infringe the rights of any third party;
- restrict the use and enjoyment of the Services by any other member;
- cause PLI and its related corporations to be in breach or violation of any applicable law, statute or regulation;
- place PLI and its related corporations at risk of liability in respect of claims raised by third parties; or
- be detrimental to PLI and its related corporations' reputation or business. Without prejudice to the above, you agree not to:
- Upload, post, email, transmit or otherwise make available any material that is unlawful, harassing, libelous, abusive, threatening, menacing, harmful, indecent, vulgar, obscene, profane, false, defamatory or offensive in character, sexually oriented (unless within the scope of the topic areas of a forum or message board as determined by PLI at its sole and absolute discretion), racially offensive and/or contains racial slurs, condemning other parties' products and services; inaccurate, or otherwise objectionable material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation or encourage the use of controlled substances or is otherwise illegal or contrary to law. For the purpose of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (eg: "f*ck*") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise in the PLI Website. PLI reserves the right to delete any such material from the PLI Website;
- Use the Services to harm minors in any way, or promote any dealings with minors of a sexual nature;
- Impersonate any person or entity, whether actual or fictitious including, but not limited to, a PLI employee, consultant, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity. You further agree not to use an inappropriate member name of any kind;
- Post or use the PLI Website to distribute or send illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, videos, programmes or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited;
- Forge headers or otherwise manipulate identifiers in order to hide your identity or disguise the origin of any Contents transmitted through the Services;
- Upload, post, email, transmit or otherwise make available any Contents that you do not have a right to make available 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, email, transmit or otherwise make available any Contents that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- Intentionally or unintentionally violate any applicable local, state, national or international law including rules and regulations promulgated by any applicable regulatory organisation or governmental entity;
- "Frame" the site or any web pages thereon;
- "Stalk" or otherwise harass another; or
- Collect or store personal data about other users.
You agree that you must evaluate, and bear all risks associated with, the use of any Contents, including any reliance on the accuracy, completeness, or usefulness of such Contents.
You acknowledge and agree that PLI may store or disclose the Contents if required to do so by law, by an order of court or by an applicable regulatory authority, or in the good faith belief that such storage or disclosure is reasonably necessary to:
- comply with legal process;
- enforce these Terms of Service;
- respond to claims that any Contents or any part thereof violates the rights of third parties; or
- protect the rights, property, or personal safety PLI, PLI Website Users and the public.
You understand that the technical processing and transmission of the Services, including the contents that you provide, may involve
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
Material Provided or Posted to the PLI’s Website
By submitting any materials or contents, which shall include your name, and which are available for access by the general public through use of the Services, you hereby grant PLI and its affiliates a royalty free, perpetual, irrevocable, non-exclusive right (including any moral right) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or remuneration from, communicate to the public, perform and display content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any rights that may exist in such contents.
In connection therewith, you warrant and represent that you own or otherwise control all of the rights to the content in question, including, without limitation, all the rights necessary for you to post the content on the PLI Website.
Intellectual Property Rights
You acknowledge that the PLI Website, the Services and any software connected with both contain materials, including but not limited to codes, text and images which are protected by intellectual property and other applicable laws. You also acknowledge and agree that PLI, its related corporations and/or its affiliates have proprietary rights in the layout and design of this PLI Website.
You may use the Services and access the PLI Website only for your personal and non-commercial use. You may not re-sell access to any such content, information, data or materials or to make copies of, publish, distribute, reproduce, recompile, decompile, disassemble, reverse engineer, modify, upload to, transmit, alter, edit or in any other way exploit in any manner whatsoever any part of the Services and the Contents whether for sale or use to and by others for any purpose whatsoever without the prior written permission of PLI. You may make one print copy of any information for your own personal use provided that you will not delete any copyright or other intellectual property rights notices from any such printed copy of such electronically accessed Contents. If you wish to make commercial use of the PLI Website or the Services, you must enter into an agreement with PLI in advance before you can do so.
You may not translate into another language any such portion of the PLI Website, the Contents, including that of PLI, its related corporations, partners, advertisers or affiliates for whatsoever purpose. You must enter into an agreement with PLI in advance before you can do so.
The PLI Website includes the trademarks, service marks and trade names which belong to PLI, its related corporations, its business partners, and licensors and are either registered under applicable legislation or are otherwise protected by law. Unless otherwise indicated all such marks and names belong to PLI or its related corporations You may not display or use in any manner, the logos, trademarks, service marks or trade names appearing on the PLI Website without PLI 's prior written permission.
Notification of Any Possible Infringement
In the event you believe that the Contents published on the PLI Website may infringe on your intellectual property rights or that of a third party, please provide detailed written notice of such possible infringement to email@example.com.
Third Party Services
You may order services or merchandise or participation the promotions of advertisers through the PLI Website from other persons not affiliated with PLI ("the Seller"). All matters concerning the merchandise and services desired from the Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. PLI makes no warranties or representations whatsoever with regard to any goods or services provided by the Sellers. You will not consider PLI nor will PLI be construed as a party to such transactions, whether or not PLI may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
Modifications to These Terms of Service
PLI may, from time to time at its sole and absolute discretion, and for any reason, modify, suspend or discontinue temporarily or permanently, the Services (or any part thereof) with or without notice and without any liability to you or to any other party.
You agree that PLI may at any time and at its sole and absolute discretion without prior notice to you, terminate or suspend your access to all or part of the Services and/or the information or to the use of the PLI Website for any reason whatsoever, including, without limitation, where PLI has reason to believe that there has been a breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity by you may be grounds for us to refer you to the appropriate law enforcement authorities. You acknowledge and agree that PLI may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services.
Disclaimer of Warranties
You understand that PLI does not guarantee and makes no representation or warranty as to the timeliness, sequence, accuracy, completeness, availability, continued availability or reliability of the Contents disseminated to or by any party. You understand that PLI does not warrant that the Services will be uninterrupted or error-free. PLI shall endeavour to offer the Services as promptly and accurately as is reasonably practicable. In the event that the Services or any part thereof are not available, is delayed, is interrupted, is incomplete, or is not accurate or is otherwise materially and adversely affected, PLI shall only in so far as is reasonably practicable endeavour to correct such failure(s).
You agree that PLI shall not be liable in any way to you or any third party for any inaccuracy, errors, omissions or delays in the Contents accessible through the PLI Website, or for any actions taken by you, or any third party, in reliance thereon.
You agree that your use of the PLI Website or the information provided hereunder is at your sole risk. Any Contents downloaded or otherwise obtained through the use of the Services 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 Contents. The PLI Website, the Services and the information provided hereunder are provided on an "as is", "as available" basis without warranties of any kind, either express or implied, including, without limitation, those of merchantability and fitness for a particular purpose or in respect of non-infringement of any intellectual property rights.
PLI does not warrant that the Services are free from errors or viruses, worms or "Trojan Horses" and is not liable for any damage you may suffer as a result of such destructive features.
You expressly agree that use of the Services and the PLI Website is at your own risk and that PLI shall not be liable in any way to you or to any third parties including, without limitation, in respect of the following:
- any Contents within the PLI Website;
- the transmission or delivery of any Contents to and from the PLI website;
- any loss or damage arising from or occasioned by any non-performance, deficiency, interruption or distortion of any Contents whether due to any negligent act or omission by PLI or otherwise;
- any "force majeure" event (i.e., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of PLI; or
- the use of the Services and the PLI Website.
PLI, its related corporations and/or its affiliates shall have no responsibility or liability for any fault, inaccuracy, omission, delay or other failure in the Services or the Contents caused by your computer equipment or communication media or arising from your use of the Services using such equipment or communication media.
Further, you agree, at your own expense, to indemnify, defend and hold harmless PLI and its related corporations, affiliates, co-branders or other partners against any claim, suit, action, demand or other proceeding, including reasonable legal fees, made by any third party, as a result of or relating to and including but not limited to the following:
- your use or the use by someone using your computer or communication media of the Services including but not limited to posting or transmitting of any contents and materials;
- any non-compliance with the terms and conditions hereof by you or someone using your computer;
- any claim that any use of the Services by you infringes any intellectual property rights of any third party or otherwise results in injury or damage to any third party;
- any deletions, additions, insertions or alterations to or any unauthorised use of the Services by you or someone using your computer;
- any misrepresentation or breach of representation or warranty made by you; or
- generally, any third- party actions related to your use of the Services, Contents and/or the information, whether authorised or unauthorised under these Terms of Service.
Limitation of Liability
Under no circumstances shall PLI, its related corporations and/or its affiliates be responsible or liable for any for any loss or damage, including but not limited to claims for lost profits or punitive, incidental, direct, indirect, special or consequential damages howsoever incurred by you or by any other party in respect of the provision of the Services or any matter connected with these Terms of Service even if PLI has been advised of the possibility of such damages.
General Practices Regarding Usage and Storage
You acknowledge that PLI may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Contents will be retained by the Services, the maximum number of email messages that may be sent from or received by an account on the Services, the maximum size of any email message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on PLI's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that PLI has no responsibility or liability for the deletion or failure to store any messages and other communications or other Contents maintained or transmitted by the Services. You acknowledge that PLI reserves the right to log off or suspend accounts that are inactive for an extended period of time. You further acknowledge that
PLI reserves the right to change these general practices and limits at any time, at its sole discretion, with or without notice.
Hyperlinks on the PLI Website
The PLI Website may from time to time contain links to third-party World Wide Web sites and resources on the Internet. PLI provides links to these other websites only as a convenience. The inclusion of such links on the PLI Website are not endorsements by PLI, implied or otherwise, of the linked site or any products or services in such sites, and no information in such sites has been endorsed or approved by PLI. The linked sites are not under the control of PLI, and PLI is not responsible for the contents of any linked site or any link contained in a linked site. You agree that under no circumstances shall PLI, its related corporations and/or its affiliates, be held responsible or liable, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such hyperlinked sites.
Confirmations, Statements, Notices and Other Communications
You understand that it is your responsibility to review, upon first receipt, whether delivered to you by mail, by e-mail, or other electronic means, all confirmations, statements, notices and other communications. All information contained therein shall be binding upon you, if you do not object, either in writing or via electronic mail, within forty-eight (48) hours after any such document is sent to you. In all cases, PLI reserves the right to determine the validity of your objection to any matters stated in such communications. Notices and other communications may also be provided to you verbally.
You agree that PLI fulfils its legal obligation to deliver to you any such document if sent via electronic delivery. Electronic delivery may be in the form of an email, an electronic mail attachment, or in the form of an available download from this site. You represent that you will download the relevant document promptly after receiving notice of its availability. Should you experience any difficulty opening a document electronically delivered by PLI, you shall promptly advise PLI in order to allow PLI to make the required delivery by other means. Failure to advise PLI of such difficulty within forty-eight hours (48) after delivery shall serve as an affirmation that you were able to receive and open the said document.
Communications may be sent to you at your postal or electronic mail address or at such other address as you may hereafter give to us in writing or enter on this site. All communications so sent, whether by mail, e-mail, facsimile, telegraph, messenger or otherwise, shall be deemed delivered and received, whether actually received or not.
All notices, payments and other communications required to be given in writing under these Terms of Service shall be directed to firstname.lastname@example.org.
Remedies for Breach of These Terms by You
In the event PLI determines, in its sole and absolute discretion, that you have breached any portion of these Terms of Service, PLI reserves the right to:-
i. warn you via email (to any email address you have provided to PLI) that you have violated these Terms of Service;
ii. delete any or all content provided by you;
iii. notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
iv. any other action which PLI deems to be appropriate.
Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed according to the laws of Malaysia. All disputes arising out of or in connection with these Terms of Service shall be submitted to the courts competent jurisdiction in Kuala Lumpur, Malaysia.
If you are a foreign national, non-resident alien, or if you do not reside in Malaysia, you affirmatively agree to waive your right to file any action against PLI in any foreign venue or jurisdiction other than in Malaysia as set forth above.
Access Outside Malaysia
If you choose to access the Services and or the Contents or post any content from outside Malaysia, you are responsible for compliance with all applicable laws and regulations governing your activities. You further represent and warrant that you have full legal rights, authority and capacity under the laws of the jurisdiction in which you are present, and that your use of the Services and access of the PLI Website are not unlawful under the same.
Except as specifically permitted in these Terms of Service, no provision or condition of these Terms of Service can be, nor should be deemed to be, waived, altered, modified or amended unless agreed to in writing by PLI. Any failure by PLI to enforce any term of these Terms of Service, or any forbearance, knowledge, acquiescence, delay or indulgence granted by PLI shall not be construed as a waiver of any of PLI s rights under these Terms of Service.
Amendments and Entire Agreement
Subject to PLI's right to amend the Terms of Service pursuant to Clause 1 hereof, these Terms of Service represents the entire agreement between you and PLI concerning the subject matter hereof. Certain policies and/or procedures may be further outlined on the PLI Website and by your use of the PLI Website and you agree to be bound by any and all such postings. Notwithstanding the foregoing, you may also be subject to additional Terms of Service that may apply when you use affiliate services, third-party content or third-party software.
Effect of Invalidity
Each of the terms and conditions of these Terms of Service is severable and distinct from the others. If at any time any term or condition of these Terms of Service shall be held to be invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court of competent jurisdiction, or regulatory organisation, agency or body, such invalidity or unenforceability shall attach only to such term or condition and the validity of the remaining terms and conditions shall not be affected or impaired thereby and these Terms of Service shall be carried out as if any such invalid or unenforceable term or condition were not contained herein.
Headings are Descriptive
The heading of each term or condition herein is for descriptive purposes only and shall not be deemed to modify or qualify any of the rights or obligations set forth in each such term or condition.