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The following describes the general terms
and conditions applicable to services (the "Services") to be provided by
e-Marketing.com.my. (together with its affiliates "e-Marketing.com.my"),
including Services provided at www.e-Marketing.com.my/member (the
"Site"). Additional terms apply to use of the Site (see Terms of Use), as
well as other specific Services. "You" or "member" refers to the party
registering to use the Services.
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Payment/Fees. Payment terms are net 30 from date
of invoice. Unless otherwise stated, all fees are quoted in Ringgit
Malaysia or in U.S. Dollars. You are responsible for paying all
applicable taxes and for all network/communication costs you incur to
access the Site. Client or workshop's participant are free to access to
our member website and Online Resource Centre.
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Breach. Either party may terminate this
relationship (including your membership privileges, if any) upon notice
to the other upon a breach of these General Terms and Conditions, or any
additional applicable terms, and failure to correct the breach within a
reasonable time thereafter. e-Marketing.com.my may terminate your
use of Services available through the Site immediately if we are unable
to verify or authenticate any information you provide.
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Force Majeure. e-Marketing.com.my will not
be liable for delays, errors or omissions in performance due to your
failure to provide required resources, access to personnel, information
or facilities or to causes beyond its reasonable control, and will be
entitled to a reasonable extension of time to remedy any such delay or
failure to perform.
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Confidential Information. Each party acknowledges
that it may have access to the other party's confidential information,
which may include but is not limited to information concerning the
Services and other users of the Services (the "Confidential
Information"). The receiving party agrees that it will not use for its
own account or the account of any third party, except for the
performance of this agreement, nor disclose to any third party except as
required by law, any Confidential Information and will take reasonable
precautions to protect the confidentiality of such information. In the
event that receiving party is required by law to make any disclosure of
any Confidential Information, such party shall give written notice of
such requirement to the other party, and permit such party to seek
appropriate protective relief. These restrictions shall not apply to
information that is or becomes part of the public domain without fault
of the receiving party, or to information receives from a third party
that can disclose the information without breaching a duty to the
disclosing party hereunder. You agree to comply with all copyright and
proprietary rights notices contained on or in any e-Marketing.com.my
materials or information obtained or accessed through the Services.
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Proprietary Rights/Copyright. All rights in and
to the Site, the e-Marketing.com.my database (the "Database"),
the written components thereof and the services available on the Site
and materials provided in connection therewith are proprietary to
e-Marketing.com.my. The Site, its content and the materials utilised
by e-Marketing.com.my in rendering Services are protected by
copyright, both with respect to individual content and as a collective
work and/or compilation, pursuant to international conventions, and
other copyright laws. You may not modify, publish, create derivative
works from, distribute or otherwise exploit any of the content or
software on the Site, or other e-Marketing.com.my materials
without our prior written consent. You may, however, print portions of
the Site's content for individual use, provided that you maintain all
copyright and other notices contained in such content.
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No Warranties. EXCEPT AS EXPRESSLY PROVIDED
HEREIN, THE SERVICES ARE PROVIDED "AS IS". e-Marketing.com.my
MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING NO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RESPECTING THE
SERVICES.
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Limited Liability. e-Marketing.com.my SHALL NOT
BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS (INCLUDING, WITHOUT LIMITATION,
CLAIMS OF THIRD PARTY INFRINGEMENT), EXPENSES OR OTHER COSTS (INCLUDING,
WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) YOU SUFFER OR INCUR AS A
RESULT OF THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES. IN
ADDITION, UNDER NO CIRCUMSTANCES WILL e-Marketing.com.my BE LIABLE FOR
ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY
DAMAGES IN EXCESS OF THE FEES PAID IT BY YOU DURING THE LAST TWELVE
MONTHS REGARDLESS OF THE CAUSE. You agree that you will be responsible
for, and at e-Marketing.com.my's request defend
e-Marketing.com.my from, third party claims arising out of
information you provide e-Marketing.com.my for publication or any
breach by you or any user of your account of your agreements and
representations contained in these General Terms and Conditions or other
terms applicable to any Service.
- No Agency.
You and e-Marketing.com.my are
independent contractors, and no agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship is intended or
created by these terms.
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Notices. Except as explicitly stated otherwise,
any notices must be given by email to
support@e-Marketing.com.my
(in our case) or to the email address you provide to us during the
registration process (in your case), or such other address as the party
shall specify. Notice shall be deemed given 24 hours after email is
sent, unless the sending party is notified that the email address is
invalid.
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General. The Terms of Service constitute the
entire agreement between you and e-Marketing.com.my and govern your use
of the Service, superceding any prior agreements between you and
e-Marketing.com.my (including, but not limited to, any prior versions of
the Terms of Service). You also may be subject to additional terms and
conditions that may apply when you use affiliate or other
e-Marketing.com.my services, third-party content or third-party
software. The Terms of Service and the relationship between you and
e-Marketing.com.my shall be governed by the laws of the Malaysia without
regard to its conflict of law provisions.
- Violations.
Please report any violations of the
Terms of Service to
support@e-Marketing.com.my.
Modification of These Terms And Conditions
e-Marketing.com.my reserves the right to change the terms,
conditions, and notices under which this Web site is offered.
Any rights not expressly granted herein are reserved.
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