Terms & Conditions
www.virtualcareerexpo.my (“the Website”) is owned by Pink Label Conferences and Events Sdn. Bhd. (“PL”)
The following services are provided via the Website:
(a) the provision of an online platform for the hosting of webinars, posting, and searching of job opportunities;
(b) the creation of profiles of job-seeking individuals;
(c) profiles of individuals, businesses, companies or agents acting on behalf of their clients, which submit, book, place, and/or display advertisements of job opportunities (“Advertisements”) on the Website (“Employers”);
(d) matching job specifications submitted by Employers with credentials of job-seeking individuals on the Website; and/or
(e) providing services to advertise job opportunities on the Website. (collectively, “Services”)
These terms and conditions, including the terms and conditions set out in Part A and Part B hereunder (where applicable) (“Terms”) constitute a legally binding agreement between PL and you as the Website user (“you”) in respect of the Services and your use of the Website. By accessing the Website, you affirm that you are more than 18 years of age and are fully able and competent and authorised to legally enter into these Terms, and unconditionally accept to be legally bound by these Terms. You are only authorised to use the Website if you agree to abide by these Terms. Please read these Terms carefully as your entry, access and use of the Website is governed by these Terms and by entering, accessing and using the Website, you agree to and accept the terms and conditions contained herein. If you do not agree with and to these Terms, you must immediately leave the Website and discontinue using it and any of the Services.
Please note that children under the age of 18 years old (“Minor”) shall be accompanied by the relevant parents, legal guardians and/or representatives when visiting or browsing the Website and/or when using the Services. Where the relevant parents, legal guardians and/or representatives have authorised a Minor(s) to visit or browse the Website and/or use any of the Services, the relevant parents, legal guardians and/or representatives shall be fully responsible for: (a) the online conduct of such Minor(s), (b) the controlling of the Minor(s)’ access to and use of the Website and the Services, and (c) the consequences of any misuse by the Minor(s), including but not limited to transactions entered into by the Minor(s) from such access and use.
In case of violation of these Terms, PL reserves the right to seek all remedies available by law and in equity for such violations. These Terms apply to all visits to the Website, both now and in the future.
Modification to Terms
PL reserves the right to modify, update, and/or amend these Terms from time to time at its sole and absolute discretion. All modifications, updates or amendments will be posted on this page and shall be effective and binding upon posting. By continuing to use the Website after such modifications, updates or amendments have been posted you shall be deemed to have agreed to and accepted such modifications, updates or amendments. You should therefore read the Terms carefully each time you visit the Website. Please cease to use the Website if you are not agreeable to any amendments or modifications of these Terms.
PL does not take any responsibility, nor does PL agree to indemnify you for losses you suffer arising from the modifications, updates or amendments of these Terms or your own failure to keep yourself updated on the modifications, updates or amendments of these Terms, and you irrevocably agree to hold PL harmless or indemnify PL from any losses that you may suffer arising therefrom.
PL reserves the right to update or modify the Website from time to time. Changes may be made to the Website from time to time at the sole and absolute discretion of PL.
Restriction of Access
PL further reserves the right to deny or restrict access to the Website to anyone at any time and/or to block access from a particular internet address to the Website, at any time, without ascribing any reasons whatsoever. Without limiting the foregoing, PL may restrict access or suspend access to the Website and/or the provision of all or part of the Services due to:
(a) maintenance work on the Website;
(b) the occurrence of power or communications outage;
(c) technical problems on the part of PL’s third party suppliers or partners;
(d) the occurrence of a natural disaster, act of terrorism or other Force Majeure (hereinafter defined) events; and/or
(e) any other reason(s) that PL may deem necessary for such suspension.
Upon the suspension of the Services, PL shall post a notification on the Website on the suspension of the Services as soon as reasonably practicable.
PL shall not be liable for any damages or losses that you or any third party may suffer or sustain as a result of any restriction or temporary suspension of any Services in accordance with these Terms.
PL reserves the right to, without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Website or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Website or any part of the Services.
By accepting these Terms, you hereby consent to our processing of your personal data as stipulated in our Personal Data Protection Notice, which is accessible from the following URL: www.virtualcareerexpo.my/PDPA . We confirm that all personal data provided to us will not be used for any reason other than those stated in our Personal Data Protection Notice. You may withdraw your consent. However, please note that the withdrawal of your consent may affect the provision of Services by PL to you, and we shall not be anyway liable for any consequences (loss or damage) which may arise as a result of such withdrawal.
Disclaimer and Limitation of Liability
YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE CONTENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PL (AND/OR ITS RELATED ENTITIES), ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CORRECTNESS, COMPLETENESS, OR RELIABILITY OF THE MATERIALS ON THE WEBSITE OR THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(B) DEATH, PERSONAL INJURY OR DAMAGE, OF ANY NATURE WHATSOEVER, INCLUDING ANY LOSS OF PROFIT OR GOODWILL, LOSS OF OPPORTUNITY OR ANY SPECIAL OR INDIRECT CONSEQUENTIAL LOSSES, COSTS, AND EXPENSES INCLUDING ANY INCIDENTAL COST AND EXPENSES DIRECTLY OR INDIRECTLY INCURRED RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR THE SERVICES THEREIN;
(C) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION, OR ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EQUIPMENT DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE WEBSITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE;
(E) ANY BUGS, VIRUSES, TROJAN HORSES, OR HARMFUL ELEMENTS THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, THE MATERIALS OR CONTENTS THEREON, OR OUR SERVERS BY ANY THIRD PARTY; AND/OR
(F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT UPLOADED, POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PL IS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR BETWEEN YOU AND OTHER USERS OF THE WEBSITE. AS WITH THE ACQUISITION OF INFORMATION AND PURCHASE OF A PRODUCT OR SERVICE OR ENGAGING IN CONTRACTUAL RELATIONS THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT, EXERCISE CAUTION WHERE APPROPRIATE, AND IF NEED BE, SEEK INDEPENDENT LEGAL ADVICE.
You understand and agree that any contractual arrangements between you and other users on the Website are deemed to be private contractual arrangements between you and such users, and PL is not a party to, and is not an agent for and does not represent the users or you in such arrangements, and has no authority to act for either party. PL is only responsible for operating and managing the Website and making reasonable efforts in order to maintain the Services on the Website. Accordingly, you shall be solely and directly responsible for all liabilities related to arrangements entered into between you and other users, and/or prospective arrangements to be entered into between you and other users, and in relation to any information provided by you to other users and vice versa.
PL cannot guarantee continuous or secured access to the Services and/or the Website, and operation of the Services and/or the Website may be interfered with by numerous factors outside of PL’s control.
If a you have a dispute with one or more users, you hereby release PL, and our officers, directors, agents, subsidiaries, joint ventures and employees, from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
PL shall not be liable to you either in tort, contract, negligence or otherwise for any loss, damage, injury or expense, howsoever arising, out of or in connection with the use of the Services and/or the Website. Under no circumstances will PL be liable for any loss of profits, loss of data or for any other special, indirect, incidental or consequential damages, whether foreseeable or unforeseeable, based on claims of a user or whether in action for contract, breach of warranty, tort or otherwise.
Third party links and/or widgets provided throughout the Website will let you leave the Website. These links and/or widgets are provided as a courtesy only, and the websites and/or platforms they link to are not under the control of PL in any manner whatsoever and you therefore access them at your own risk. PL is in no manner responsible for the contents of any such linked website or platform, or any link contained within a linked website or platform, including any changes or updates to such website or platform. Such links do not imply PL’s endorsement of information or material on any other site and PL disclaims all liability with regard to your access to and use of such linked websites. By using the Website, you agree that PL shall not be liable in any manner due to your use of, or inability to use, any third party website, platform, or widget. You further acknowledge and agree that PL may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms.
All content featured or displayed on the Website, including, but not limited to, text, graphics, photographs, moving images, sound, illustrations, and software (“Contents”) on the Website are provided without any warranty and on an “as is where is basis”- any use of the Contents is at your own risk. PL assumes no responsibility for any errors, inaccuracies or omissions whatsoever in the information on the Website and under no circumstances will PL be liable for any loss or damage by your reliance on information obtained through the Website. It shall be your responsibility to evaluate the accuracy, completeness and usefulness of any information provided. PL disclaims all warranties and representations, whether express or implied, by law or statute – in particular, the warranties disclaimed include but are not limited to implied warranties concerning merchantability, satisfactory quality or fitness of the Contents for any particular purpose and/or that the Contents do not infringe any third party right.
The electronic transmission of any document or information from you through the Website or to PL is entirely at your own risk.
To the maximum extent allowed by applicable law, under no circumstances, save through its own negligence or default shall PL be liable for any damages (including without limitation any special or consequential damages) that result from the use of, or the inability to use, any of the Contents. Any website may include technical inaccuracies or typographical errors. To the extent any law does not allow the above disclaimer or renders the above disclaimer invalid, the maximum amount that PL may be liable for shall not in any case exceed MYR 1,000.00.
Claims from a Third Party
Where you have received claims from a third party that your Advertisements and/or Contents infringe or violate the intellectual property rights of any third party or the contents of such postings are open to any other form of attack whether related or unrelated to a legal action, you shall to the furthest extent possible exempt and not involve PL, its directors and employees, and the Website from and in such claims.
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless PL, its affiliates and related entities, and the officers, directors, employees and agents of each such foregoing entity, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs and expenses) arising from:
(a) Your use of and access to our Website;
(b) Your violation of any term of these Terms; or
(c) Your violation of any third party right, including without limitation any intellectual property, property, or privacy right.
This provision will survive these Terms and your use of the Website.
Neither party shall be liable to the other party for any delay in or failure to perform any of its obligations under these Terms due to any event of Force Majeure. Provided that the party affected by Force Majeure shall forthwith notify the other party in writing, and within fourteen (14) days thereof provide detailed information of the event and the reasons for its inability to perform the relevant obligation, and use and continue diligently to use all reasonable efforts to remove the cause of the Force Majeure. Each party undertakes, notwithstanding that it is not the party whose performance is affected, to co-operate and use best endeavours in removing the cause of the Force Majeure. Either party shall have the right to terminate these Terms if any party shall be unable by reason of any event of Force Majeure to render effective performance of these Terms as contemplated by the parties for a continuous period of three (3) months or for a period aggregating no less than six (6) months in a calendar year, provided however that the party seeking to terminate must not be in default of the provisions of this provision. You shall not be entitled, however, to claim Force Majeure for breach of any obligation relating to payment of any sum due or payable under these Terms to PL. “Force Majeure” shall include but shall not be limited to exceptional adverse weather conditions, floods, droughts, storms, lightning, high winds, typhoons, earthquakes, natural disasters, impact by aircrafts or aerial objects, explosion, fire, war, hostilities, insurgencies, terrorism, civil commotion, riots, strikes or lock-outs on a city or industrial scale, industrial disputes, industrial actions by workmen, shortage of labour, goods and materials, acts or regulations of government and political interferences with the activities of any of the parties, pandemics, epidemics, outbreaks of infectious diseases, or death or illness of any essential personnel.
Except as explicitly stated otherwise, any legal notices from you to PL shall be served via mail at the following address: Pink Label Conferences & Events, Level 2, Moulmein Rise Shoppes, No. 9 Jalan Moulmein, Pulau Tikus, 10350 Penang, Malaysia and via email at the following email address: [email protected] Notices from PL to you may be served via mail, email, and facsimile at the addresses provided by you during the registration process. Notices shall be effective: (a) if delivered personally, on the date of delivery unless otherwise required by law; (b) in the case of domestic mail, if transmitted by prepaid registered mail, on the date falling three (3) days after posting; provided that it shall be sufficient to show that the envelope containing such notice or information was properly addressed and sent by prepaid post and that it has not been so returned to the sender, to prove that such notice or information has been duly sent; (c) in the case of international mail, if transmitted by prepaid registered air-mail, on the date falling fourteen (14) days after posting; provided that it shall be sufficient to show that the envelope containing such notice or information was properly addressed and sent by prepaid post and that it has not been so returned to the sender, to prove that such notice or information has been duly sent; (d) if transmitted by facsimile, on the date of transmission, provided that it shall be sufficient to show that the facsimile has been despatched with the appropriate answer back code received to prove that such facsimile has been duly sent; and in the case of email or other means of electronic telecommunication, notices shall be deemed received 24 hours after an email is sent and/or upon confirmation of receipt by addressee, unless the sending party is notified that the email address is invalid.
The Website is controlled and offered by us from our facilities in Malaysia. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable local laws.
In order to participate in certain activities or other services offered on the Website, you may be notified that you are required to download software or content and/or agree to additional terms and conditions applicable to such activities or other services in which you choose to participate.
You agree not to access the Website by any means other than through a standard web browser on a computer or mobile device. You further agree that you will not damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is created between you and PL by these Terms.
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without any restriction whatsoever.
These Terms and any other terms and conditions incorporated hereunder, shall constitute the entire agreement between you and us concerning the Website.
The headings and section titles in these Terms are for convenience only and have no legal or contractual effect.
These Terms operate to the fullest extent permissible by law. If any provision (or any part thereof) of these Terms is unlawful, void or unenforceable, that provision (or such part thereof) is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision hereunder shall not constitute a waiver of such right or provision.
These Terms shall be construed and governed by the laws of Malaysia and by accessing the Website, you agree and submit to the non-exclusive jurisdiction of the Courts of Malaysia.
PART A: USE OF THE WEBSITE
Accounts and Security
Certain Services and related features that may be made available on the Website may require registration for an account. Unless otherwise specified by PL, registration for an account is free.
You may register for an account by selecting a user ID and password, and by providing certain personal information. Should you choose to register for any such Services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. If you select a user ID that PL, in its sole discretion, finds offensive or inappropriate, PL has the right to suspend or terminate your account.
You are responsible for maintaining the confidentiality of your account information, including the account password, and for all activity that occurs under your account. You agree to notify PL immediately should there be any unauthorized use of your account or password or of any other breach of security. You may be held liable for losses incurred by PL or by any other user due to someone else using your password or account. PL shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
PL has the right to restrict, suspend or terminate your access to or use of the Website or the Services (or any part of the same) if in PL’s sole and absolute opinion, you are in breach of any of these Terms.
Account Registration Requirements
To register for an account, you must provide all such information and documents as PL may require by PL to support the registration application, as set out on the registration page of the Website and/or as may be requested by PL at any time prior to or after registration of your account.
If you are a company/registered business, you represent and warrant that you are validly incorporated entity under the laws of Malaysia and are authorised under your constitution documents to register an account on the Website and/or post Advertisements on the Website and/or conduct business with us (including the utilisation of the Services), in accordance with the laws of Malaysia. Whether you are a company/registered business, or an individual, you represent and warrant that all information provided to PL as part of the registration process is accurate, current and complete at all times and you will immediately let us know if there are any changes to the same. You irrevocably agree that you shall indemnify and keep PL indemnified and hold PL harmless for any expense, loss or damage that we may suffer arising from any inaccurate or false statement or misrepresentation of facts submitted to PL by you.
Termination of Accounts
You agree that PL may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your account and your user ID, remove or discard from the Website any Advertisements and/or submissions associated with your account and user ID, and/or take any other actions that PL deems necessary.
Grounds for such actions may include, but are not limited to:
(a) extended periods of inactivity;
(b) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour;
(c) having multiple user accounts;
(d) behaviour that is harmful to other users, third parties, or the business interests of PL;
(e) where we are not able to verify your identity with certainty;
(f) where the data provided by you upon sign-up (for example, email address, telephone number, company/business registration number etc.) is identical to an account already registered with the Website;
(g) where you have provided false or inaccurate information or omitted to provide necessary information during the registration process;
(h) where you have signed up under another account, which is either temporarily or permanently suspended at the time of application for a new account;
(i) where you have breached any of these Terms; and/or
(j) any other reason as may be determined by PL.
For the avoidance of doubt, our decision above cannot be contested.
Use of an account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you.
If a legal dispute arises or law enforcement action is commenced relating to your account or your use of the Services and/or the Website for any reason, PL may terminate your account immediately with or without notice.
You may terminate your account if you notify PL in writing (including via email at [email protected]) of your desire to do so.
PL shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this provision. You hereby waive any and all claims based on any such action taken by PL.
In addition to any other legal or equitable remedies, PL may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms. Upon any termination of these Terms, you shall immediately cease all access to and use of the Website and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and user IDs and/or other account identification issued to you and deny your access to and use of this Website and/or Services in whole or in part. Any termination of these Terms shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
You furthermore agree that PL shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Website and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of PL, in operating the Website and/or providing Services, your sole and exclusive remedy is to discontinue using the Website and/or the Services.
Restriction on Use of Contents
All rights, title and interest in the Contents, are either owned or controlled by PL or licensed to it.
All Contents and the general design and content thereof, are protected by copyright, trademark and other laws relating to intellectual property rights.
No materials from the Website, including the Contents, may be modified, used, displayed, reproduced, duplicated, copied, sold, resold, republished, distributed and/or exploited in any way whether for commercial or non-commercial purposes, without the prior written permission of PL.
You shall indemnify PL against any losses, expenses, costs, or damages incurred as a result of your breach of the Terms or your unauthorized use of the Contents and related rights.
PL grants you permission to use the Contents strictly in accordance with these Terms, provided always that:
(a) Your use of the Website and the Contents as permitted is strictly and solely for your information and for your viewing of job advertisements and/or posting of job advertisements and/or engagement for Services rendered by us;
(b) You will not:
(i) sell, copy, reproduce, distribute, transmit, broadcast or adapt any part of the Website and/or the Contents in any medium or format without our prior written consent;
(ii) upload, post, transmit or otherwise make available any Contents that is false, misleading, unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, offensive, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, and/or which infringe or misappropriate the intellectual property rights of PL or other third parties;
(iii) use the Website and/or the Services and/or the Contents in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
(iv) open and/or operate multiple user profiles with any conduct that violates the letter or spirit of these Terms;
(v) access the Website, create a user profile or otherwise access a profile using an emulator, simulator, bot or other similar hardware or software;
(vi) interfere with the other Advertisements on the Website;
(vii) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by PL with respect to the Services and/or data transmitted, processed or stored by PL;
(viii) harvest or collect any information about or regarding other users, including, without limitation, any personal data or information;
(ix) upload, email, post, transmit or otherwise make available: (1) 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); (2) any Contents that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (3) any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation; (4) any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(x) interfere with, manipulate or disrupt the Website and/or Services or servers or networks connected to the Website and/or Services and/or any other user’s use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
(xi) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Website and/or the Services or the servers or networks connected to the Website and/or the Services;
(xii) use the Website and/or the Services to harm Minors in any way;
(xiii) forge headers or otherwise manipulate identifies in order to disguise the origin of any Contents transmitted through the Website;
(xiv) use any part of the Website and/or the Contents to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(xv) alter or modify any part of the Website, or remove any proprietary notices from the Website other than as expressly permitted by us;
(xvi) cause, permit or authorize the modification, creation of derivative works or translation of the Website without the express permission of PL;
(xvii) use the Website and/or the Services: (1) to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism; (2) in violation of or to circumvent any sanctions or embargo administered or enforced by any relevant authority having jurisdiction over such use; (3) to collect or store personal data about other users in connection with the prohibited conduct and activities set forth above;
(c) In the event you have been permitted to use any Contents, you will retain and display the credits, copyright notices (including without limitation to our name, by-lines and the original source of the Contents) and trademarks belonging to PL provided with the Contents;
(d) Upon notice from us, you will forthwith cease the use of and delete or otherwise remove any Contents from your premises, computer system or other forms of storage (whether physical or electronic) and databases; and
(e) You will otherwise comply with the terms and conditions set out in these Terms.
We reserve the right, but shall not be obliged to:
(a) Monitor, screen or otherwise control any activity, Contents or material on the Website and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms contained herein and may take any action we may deem as appropriate;
(b) Prevent or restrict access of any unauthorised user to the Website and/or the Services;
(c) Report any activity we suspect to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(d) To request any information and data from you in connection with your use of the Website and/or the Services at any time, and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
PL may also block delivery of a communication (including, without limitation, status updates, digital content, Advertisements) to or from the Services as part of our effort to protect the Services or our users, or otherwise enforce the provisions of these Terms. You agree that you must evaluate, and bear all risks associated with, the use of any Contents, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Contents. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Contents created by PL or submitted to PL, including, without limitation, information in all other parts of the Website.
PART B: ADVERTISEMENTS
Applicability of Part B
In the event you are an Employer, the terms and conditions set out in this Part B, including such other terms and conditions on the Website shall apply to you, including and without prejudice to the terms and conditions set out in Part A above.
The editorial prerogative for use of Contents provided by the Employer, shall lie solely and exclusively with PL. The Employer represents and warrants that the Employer owns or has obtained copyright permission and/or a licence to the Contents submitted. PL will be entitled to reject or discontinue Advertisements at any time. Without limiting the foregoing, PL reserves the right to remove any Contents submitted by the Employer if:
(a) such Contents violate these Terms,
(b) if PL receives a complaint from another user;
(c) if PL receives a notice of intellectual property infringement or other legal instruction for removal; and/or
(d) if such Contents are otherwise objectionable or inappropriate.
PL may redesign the Website and/or Advertisements in its sole discretion at any time. If any redesign materially and adversely affects the placement of one or more Advertisements, or if PL is otherwise unable to display such Advertisements, PL may display the affected Advertisements elsewhere in comparable areas of the Website.
Rights and Permission
The Employer hereby grants to PL the right to market, display, reproduce (including compression and temporary storage), distribute, perform, transmit and promote the Advertisements together with any Contents or materials provided to PL by the Employer, or any content or materials on any interactive site linked to the Advertisements through the Website. The Employer further confirms that PL is given the right and permission to use any and all Contents, including but not limited to images, both photographic prints and digital images and videos or other recording media, in their advertising, studio, literature, event exhibitions, editorial, trade or any other purpose and in any manner and medium. The Employer releases PL and its legal representatives and assigns from all claims and liability relating to said photographs, videos or other recording media.
The Employer represents and warrants to PL that it has (a) all necessary consents, including the consents of third parties (particularly the requisite consents pursuant to the Personal Data Protection Act 2010 (“PDPA”)) in respect of personal data and Contents provided to PL, (b) all necessary rights and permissions to offer such job opportunities through the Advertisements and the Employer’s website, and (c) that the Advertisements and the Employer’s website and all Contents and materials provided to PL for the purposes of the Advertisements are not false, inaccurate, fraudulent, and do not and will not violate any applicable laws (including without limitation the PDPA) or regulations or any third-party rights (including, without limitation, intellectual property rights), or contain any libelous or defamatory materials or materials which offend against the public sensitivities of Malaysia.
The Employer certifies that the Advertisements and the Employer’s website will at all times comply with all standard, written policies applicable to PL.
Responsibility of the Employer
The Employer shall bear full responsibility and liability for all Contents and Advertisements submitted for display on the Website, the content and/or materials and/or information therein.
PL’s Intellectual Property
The Employer shall not use, display or modify PL’s trademarks or copyrighted material or Contents in any manner without the prior written consent of PL.
Disclaimer and Indemnification
PL does not make and specifically disclaims any representations or warranties, express or implied, that the Advertisements will be viewed, applied for, and/or accepted by job applicants or other users of the Website, and/or that any acceptance of an Advertisement by job applicants or other users of the Website will be fulfilled and/or acted upon by such applicants or other users of the Website. PL is not responsible for the acts and omissions of the other Employers or other users of the Website or their failure to cooperate or respond to an Employer.
The Employer shall indemnify and hold PL harmless against and all actions, proceedings, demands, claims, liabilities or damages, costs or expenses whatsoever or howsoever arising as a result of any omission, breach or non-compliance by the Employer of these Terms, including without limitation, those arising from or in connection with third party claims for breach of contract, personal injury, damage and/or loss, defamation, failure to obtain the relevant licenses, the infringement of any patent, trademark, copyright or other intellectual property rights.
Related Limitations and Covenants
PL does not guarantee any given level of circulation, distribution, reach or readership for any Advertisement. The Employer assumes liability for all Contents (including text representation, illustrations, updates and links to other internet content) of Advertisements published and also assumes responsibility for any claims arising therefrom made against PL or its affiliates, including all costs associated with defending any such claim. PL shall not be liable to the Employer for any technical malfunction, computer error or loss of data or other injury, damage or disruption to Advertisements or any web sites. In the event PL commences legal proceedings against third parties for infringement of the Website and the Employer’s Advertisement therein, the Employer agrees to provide all reasonable assistance to PL to prosecute such claim and to pay all fees including attorneys’ fees and court costs incurred to effect such prosecution unless otherwise agreed by the parties.
Acceptance and Agreement
The terms and conditions set out in this Part B will be deemed to be agreed and accepted upon the registration of the Employer’s account on the Website and shall be binding upon the Employer.
Any additional terms and conditions set out on the Website applicable to the Employer, shall be taken, read and construed as an essential part of these Terms.