SARAWAK DIGITAL ECONOMY CORPORATION BERHAD

TERMS AND CONDITIONS

INTRODUCTION

1. This website or portal (including such services as may be made available on and/or through this website or portal) (“Website/Portal”) is owned and operated by Sarawak Digital Economy Corporation Berhad (“SDEC”) and its approved third-party vendors. Your access and/or use of this Website/Portal are governed by these Terms and Conditions (defined herein) including any amendments thereto which SDEC, at its sole discretion, may make from time to time (collectively referred to as the “Terms and Conditions”). SDEC has the right at any time, to change or discontinue any aspect or feature of this Website/Portal, including but not to the content and its availability. You are advised to refer to the Terms and Conditions each time you access and/or use this Website/Portal to ascertain and understand any deletion, modifications, variations and/or additions that may be made to the Terms and Conditions from time to time and you shall be deemed to have agreed to and accepted the Terms and Conditions, including such deletions, modifications, variations and/or additions each time you access and/or use this Website/Portal.

2. Some of the services of SDEC are subject to other applicable terms and conditions governing the provision of such services. These Terms and Conditions are meant to govern your access and/or use of this Website/Portal and are to be read together with the applicable terms and conditions governing any transactions, products and/or services provided by SDEC. In the event of conflict between these Terms and Conditions and the terms and conditions governing the relevant transactions, products and/or services, the latter shall prevail.

OWNERSHIP AND PERMITTED USE OF THE WEBSITE

The Website/Portal (including all content, page headers, custom graphic, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video, and audio forms, images, icons, software design, applications, data and other elements available on or through the Website) is the property of SDEC (unless otherwise indicated) and are protected by Intellectual Property laws in Malaysia. Your use of the Website/Portal does not transfer to you any ownership or rights of the Website/Portal or its content. The Website/Portal is made available to you for your lawful, personal use only. You may use the Website/Portal only in the manner described expressly in the Terms and Conditions and subject to all applicable laws. Using the Website/Portal for any other purposes or in any other manner is strictly prohibited.

USE OF INFORMATION

1. You shall use this Website/Portal for lawful purposes only. In this regard, you further acknowledge and agree not to:

  • You shall not reproduce, distribute, modify, display, prepare derivative works based on, repost or otherwise use any of the content of this Website/Portal;
  • You shall not use this Website/Portal or any content of this Website/Portal for any unlawful purpose; and
  • You shall not disrupt, alter, impair or modify the Website/Portal or anything contained on this Website/Portal or accesses any private information, including passwords or account information of other users of this Website/Portal.

2. This Website/Portal may contain links to websites operated by third parties. These links are provided for your convenience only. You agree that such third parties are responsible for the operation and contents of their websites and SDEC has no liability to you or to any other person for the use of such websites:

  • Impersonate any person or entity or misrepresent your affiliation with a person or entity;
  • Act in any manner that negatively affects other users' ability to engage in this Website/Portal or use any of the services herein;
  • Engage in any activity that is contrary to or which would adversely affect the purpose or intention of this Website/Portal;
  • Engage in any manner that is interfering and/or disrupting or in breach of the procedures, policies or regulations of any of the servers or networks connected to this Website/Portal;
  • Intentionally, in a negligent manner or innocently violate any applicable local, state, national or international law currently in force (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) or otherwise create any liability for SDEC or its affiliates; and
  • Shall not undertake any scheme to undermine the integrity of the computer systems or networks used by SDEC and/or any other user and you shall not attempt to gain unauthorized access to such computer systems or networks.

CUSTOMER'S UNDERTAKINGS AND RESPONSIBILITIES

All information that you provide through the Website/Portal, including registration, information (name and e-mail address), payment information (credit card numbers and expiration dates), and transaction related information must be true, accurate, current, and complete. SDEC will rely on the information that you provide. By providing such information and data about yourself (“Personal Data”), you hereby consent to the processing of your Personal Data as set out in SDEC's Privacy Policy. To view SDEC's Privacy Policy, click here. You will be solely responsible and liable for any and all lose, damage, damages and additional cost that you, SDEC or any other person may incur as a result of your submissions of any false, incorrect or incomplete information. You shall not, and shall not attempt to decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with, or gain access to, any part of the Website/Portal or any internet site or any software comprised in them.

SUBSCRIPTION AND TRAINING PRODUCT TERMS

1. Software-as-a-Service (SaaS) Subscriptions

  • The services, bundles, and products offered through this Website/Portal are provided on a subscription basis as Software-as-a-Service ("SaaS").
  • All subscription fees are billed monthly in advance and are non-refundable.
  • If terminate your subscription or request cancellation before the end of your monthly billing cycle, you will not be entitled to a refund for any unused portion of the subscription fee.
  • Upon cancellation, your access to the subscribed SaaS services will remain active until the end of billing cycle, after which it will be terminated.
  • A transaction fee of 1% of the total amount will be applied by Sarawak Pay (S Pay) for processing payments through the Digital Payment service.

2. Training Products

  • Training products are offered as a one-time purchase.
  • Training products may be purchased multiple times; however, each purchase entitles the purchaser to a single use by one individual only.
  • Due to the digital and immediately accessible nature of these products, all sales are final. Once purchased, training products cannot be refunded, returned, or exchanged.

COOKIES

This Website/Portal uses cookies and/or other tracking technologies depending on the features offered. Cookies and/or tracking technologies are used to make this Website/Portal works, or works more efficiently, as well as to provide information to SDEC as the owner of this Website/Portal. If you continue to browse this Website/Portal without changing your web browsers or device settings that control cookies, you agree to receive cookies when you browse this Website/Portal. Most web browsers automatically accept cookies, but, if you prefer, you may set your browser to prevent it from accepting cookies. The “help” portion of the toolbar on most browsers will tell you how to disable cookies.

Some of the cookies SDEC use are essential for the operation of this Website/Portal, such as cookies that allow you to log into your account or set preferences, and if you disable these cookies then you may not be able to use this Website/Portal fully or at all. SDEC may also use cookies to tailor this Website/Portal and our services to your interests and needs, to ensure that this Website/Portal presents the best experience for you, to analyze site usage so that SDEC can measure and improve performance of this Website/Portal, and/or to help SDEC to tailor and measure the effectiveness of SDEC's advertising on social media sites. The types of data SDEC may collect from you when you visit this Website/Portal include:

  • information about the device used and the characteristics of such device;
  • information about the type of browser you use;
  • details of the web pages you have viewed;
  • your Internet Protocol (IP) address;
  • the hyperlinks you have clicked; and
  • the websites you visited before arriving at this Website/Portal.

COPYRIGHT

The text, images and other materials contained or displayed on any the Website/Portal are proprietary to SDEC, except where otherwise indicated, and constitute valuable intellectual property. No material from any part of this Website/Portal publication, product, service, report, e-mail or web site may be downloaded, transmitted, broadcast, transferred, assigned, reproduced or in any other way used or otherwise disseminated in any form to any person or entity, without the explicit written consent of SDEC. All unauthorized reproduction or other use of material from the Website/Portal shall be deemed wilful infringement(s) of SDEC's copyright and other proprietary and intellectual property rights, including but not to, rights of privacy. SDEC expressly reserves all rights in connection with its intellectual property, including without limitation the right to block the transfer of its products and services and/or to track usage thereof, through electronic tracking technology, and all other lawful means, now known or hereafter devised. SDEC reserves the right, without further notice, to pursue to the fullest extent allowed by the law any and all criminal and civil remedies for the violations of its rights. The framing, mirroring, scraping or data-mining of the Website/Portal or any of its contents in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website/Portal or to post such postings may be viewed by other users of the Website/Portal.

DISCLAIMER AND LIMITATION OF LIABILITY

While SDEC shall use reasonable efforts to provide up-to-date and accurate information, SDEC makes no warranties or representations as to the accuracy of the information and assumes no liability or responsibility for any errors or omissions in the information provided on the Website/Portal. Your access to and use of the Website/Portal is at your own risk. All Information available through the Website/Portal is provided on an “AS IS” basis. SDEC makes no warranty that this Website/Portal will meet your requirements, be uninterrupted, secure or error free, or the server that makes it available are free of viruses or other harmful components or destructive files. The content of the Website/Portal is subject to change without notice. The Website/Portal may contain facts, views, opinions, statements and recommendations of third-party individuals, entities or organizations. SDEC does not represent, warrant or endorse the accuracy, timeliness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Website/Portal. You shall acknowledge and agree that any reliance upon such opinion, advice, statement or information is at your sole risk. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SDEC DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING ANY INFORMATION PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE/PORTAL, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE/PORTAL. THE WEBSITE/PORTAL ASSUMES NO RESPONSIBILITY, AND IS NOT LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING IN THIS WEBSITE/PORTAL, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT OR IMAGES FROM THE WEBSITE/PORTAL. For the avoidance of doubt, SDEC hereby expressly disclaims any and all liability of any nature and does not provide any warranties, express or implied for any loss or damage howsoever caused in connection with or arising from the browsing, downloading, uploading or the use of, reliance on or inability to use any of the content of this Website/Portal, or from any action or decision taken as a result the browsing, downloading, uploading or the use of or reliance on any of the content of this Website/Portal. In no event shall SDEC, its affiliates, employees, agents or representatives be liable for any indirect, consequential, special, incidental or punitive damages (including, without limitation, errors or omissions in the information in connection with the Website).

INDEMNITY

You agree to indemnify, defend, and hold harmless SDEC, its officers, directors, employees, affiliates and representatives from and against any and all liabilities, expense, and costs including without limitation reasonable legal fees and expenses incurred by SDEC in connection with and claim or demand arising out of the Website/Portal and your breach of these Terms and Conditions. You will assist and cooperate as fully as reasonably required by SDEC in the defence or any such claim or demand.

GENERAL PROVISIONS

SDEC may in its sole absolute discretion change these Terms and Conditions from time to time as it relates to future use of the Website/Portal, by posting a revised version of the Terms and Conditions on the Website/Portal. By using the Website/Portal after its revised Terms and Conditions has been posted, you signify your acceptance and agreement to be bound by the revised Terms and Conditions. You may not change these Terms and Conditions in any manner.

TERMINATION OF USAGE

Notwithstanding any other provision of this Agreement, SDEC may in its discretion change, discontinue, modify, restrict, suspend, or terminate the Website/Portal or any part of it without notice or liability to you or any other person. SDEC may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, these Terms or your permission to access and use the Website/Portal without any notice or liability to you or any other person. All information contained herein is subject to change without prior notice to you.

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