Terma & Syarat

These terms and conditions (“Agreement“) hereby govern your access to and use of the website, and/or services operated by Emerging Journey Asia (737126-U) (“Platform”) such as, i-care, and any information, content, text, graphics, photographs or other materials uploaded, downloaded, purchased, or those appearing on or through the Platform (collectively referred to as “Content“). Please read this Agreement carefully. By accessing or using this Platform, you have hereby agreed that you have read, understood and accepted the Terms of this Agreement, including any additional terms and conditions and any policies referenced herein. If you do not agree with this Agreement, please do not use the Platform.

1. Accessibility of Platform

1.1 You may use the Platform only if you can have a valid and binding contract with us, and only in compliance with this Agreement and all applicable laws, in Malaysia and internationally.

1.2 You may create, access and/or use through only one (1) user account on the Platform (“Account“), unless expressly permitted by us.

1.3 When you create an Account, you must provide us with the current, complete and accurate information, and you agree to update and maintain your information so that it is true, accurate, current and complete at all times. We shall have no liability to you (or any third parties) arising from or in connection with your failure to maintain and update your information, including but not limited to, any claims, losses or damages from your failure to receive information about the Content and/or the Platform.

1.4 You are responsible solely for maintaining control over the access to your Account (including confidentiality of your password). You are also responsible for any and all activities that occur under your Account, whether authorised by you or not, and you must notify us immediately of any suspected, threatened or actual unauthorised use of your Account or any other breach of security. We shall not be held liable for any claims, losses or damages arising as a result of someone else using your password or Account, either with or without your knowledge. However, you could be held liable for losses incurred by us or a third party due to your conduct or in permitting another access to your Account or password.

1.5 In cases where you have authorised or registered another individual, including a minor (i.e. individuals under the age of 18), to use your account on the Platform, you are to be fully responsible for:

• • • a. the online conduct of such user;
    • b. controlling the user’s access to and use of the Platform; and;
    • c. the consequences of any misuse.

We require that the parents, legal guardian, or other authorised adult or educational institution of a minor to affirmatively consent to the use of the Platform by such minor. We reserve the right to provide access to the minor’s account to the minor’s parents, legal guardian or other authorised adult or educational institution, upon such adult’s request. For additional information on how we use your information, please see our Privacy Policy.

1.6. You are solely responsible for your interactions with other users of the Platform. We reserve the right, but shall be under no obligation, to monitor disputes between you and other users. We shall not be held liable, whether under civil or criminal liability for your interactions with other users, nor for any user’s acts or omissions.

2. Purpose of Platform

2.1. The Platform and all materials displayed by us or any of our affiliates on or through the Platform, including but not limited to, all of our information, text, materials, images, photographs, graphics, video, navigational elements, software, tools, names, logo and trade marks on the Platform (“Content”) are made available for personal, non-commercial purposes, unless you have otherwise entered into an agreement with us.

2.2. Unless stated otherwise on the Platform, we do not develop or create any courses, associated course content or third party links that are accessible through the Platform. Rather, we provide the Platform as a single point of access where eligible users can interact as:

1. 1. • a. content providers in order to build and make available courses, sell access to courses, transact and interact with clients and learners, and manage communications and other functions concerning any course(s); and
      • b. Members in order to enrol, register, purchase access to, and participate in, any course(s) made available through the Platform.

2.3. In providing the Platform, our role is limited to providing a platform for interaction between content practitioner and members. You are responsible for your designated business dealings or other interaction with other users of the Platform, whether online or offline. As a result, you acknowledge that:

• • • a. we shall not be held responsible or liable for any claims, losses or damages of any kind arising from or in connection with any such dealings or other interaction; and
    • b. if a dispute arises between you and any one or more users of the Platform, you have hereby release us and our affiliates from any claims, demands and damages (actual and consequential, whether direct or indirect) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

2.4. We do not make any representations or warranties about the identity or credential of any other users. Such information is solely based upon data that the relevant user submits, and we provide such information solely for the convenience of users. The provision of the Platform and such information is not an introduction, endorsement or recommendation by us.

3. Privacy and Use of Personal Data

When you access and/or use the Platform, we will collect, store and use certain information about you as described in our Privacy Policy. If you do not agree to such provisions, please do not use the Platform.

4. Licence to Use Platform

4.1.Licence

4.1.1. Subject to this Agreement and any agreements entered into by you relating to the Platform, we grant you a personal, worldwide, royalty-free, non-exclusive, non-assignable, and revocable licence during the contractual period solely for the intended use of the Platform to access the Content.

4.1.2.If we lose the right to offer the Content on the Platform, discontinue or close the Platform, or otherwise unable to offer the Content, your access to the Content will terminate immediately without any compensation to you.

4.1.3. At our sole discretion and using commercially reasonable practices, we may provide the Content in another media format.

4.1.4. At our sole discretion, we may update you to a more recent version of any Content, if necessary, to maintain access. The previous version(s) of such Content may not be available after the said update.

4.1.5. You are not allowed to or as permitted by applicable laws:

• • • • a. copy all or part of the Content onto a memory storage facility of any computer other than your own computer;
      • b. use, sell, license or distribute the Content to third parties as a component of or as a basis for any material offered for use, sale, licence or distribution;
      • c. copy, modify, alter, disassemble, de-compile, translate or convert into human readable form or reverse engineer all or any part of the Content;
      • d. remove, alter, circumvent or tamper with any trade marks, copyright notices, co
      • e. in any other way reproduce, copy, download, print, scrape, store, publish, transmit, re-transmit, transfer, communicate, distribute, disseminate, broadcast, circulate, sell, resell or other otherwise use the Content or any portion of the Content in any form or by any means.

4.2. Additional restrictions

4.2.1. When using the Platform, you must not:

1. 1. • • a. copy, reproduce, modify, create derivate works from, distribute, sell, lease, publicly display any part of, reverse engineer or attempt to extract the source code of the Platform or the Content, or any content provided by a third party, except to the extent permitted by law, or with our prior written consent or the appropriate third party (as applicable);
        • b. termAndCondition.content.licenceToUsePlatform.acceptableUse.desc1.desclb
        • c. use any proxy internet protocol addresses (IPs) in order to attempt to hide the use of multiple accounts, disrupt any of our services or to avoid being detected;
        • d. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
        • e. transfer your Account and user identification to another party without our consent;
        • f. be libellous, defamatory, indecent, vulgar or obscene, sexually explicit or sexually suggestive, racially, culturally or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive;
        • g. upload, publish, post or provide false, inaccurate, misleading, incomplete, offensive, defamatory or libellous content, or any fake news or information or any materials without proof or evidence;
        • h. upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any laws or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);</li style=”list-style-type: none;”>
        • i. upload, publish, post, or deliver any expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc., or any expressions that induce or encourage suicide, self-injury behaviour or drug abuse;
        • j. stalk or harass other users;
        • k. interfere with other users’ posts;
        • l. distribute, post, or result in the transmission of junk emails, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
        • m. transmit, distribute, or upload programs or materials that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other materials;
        • o. harvest or otherwise collect information about users of the Platform, including email addresses, without their consent;
        • p. collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, or display any material or information, whether personally identifiable or not, posted by or concerning any other persons, in connection with their or your use of the Platform, unless you have obtained the express, prior permission of such other person to do so;
        • q. use the Platform in any manner that could damage, disable, overburden, or impair the Platform or any network or other infrastructure used by or connected to the Platform;
        • r. interfere, or attempt to interfere with the proper working order of the Platform, any other party’s use and enjoyment of the Platform, or any activities conducted on, or in connection with the Platform;
        • s. forge headers, icons, or otherwise manipulate identifiers in order to disguise the origin of the Content transmitted through the Platform;
        • t. circumvent or manipulate our fee structure, the billing process, or fees owed to us; or

4.2.2. We reserve the right, in our sole discretion, to reject, edit, or refuse to post and/or to remove any content from the Platform, whether or not such content is expressly prohibited by this Agreement.

4.2.3. Notwithstanding Clause 4.2.2, failure to comply with these rules of acceptable use constitutes a serious breach of this Agreement, and may result in our taking all or any of the following actions (with or without notice):

1. 1. 1. 1. a. restrict, suspend, or terminate your access to all or any part of the Platform at any time, for any or no reason, and without liability;
         2. b. immediate, temporary or permanent removal of any content;
         3. c. issuing of a warning to you;
         4. d. legal action against you, including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal fees) resulting from the breach; and
         5. e. disclosure of such information to law enforcement authorities as we reasonable feel is necessary.

4.3. Accessibility
We may permanently or temporarily terminate or suspend your access to the Platform without notice or liability, for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

4.4. Changes to Platform

4.4.1. We reserve the right, at any time, to:

1. 1. 1. 1. a. modify the Platform, or any part of it;
         2. b. stop providing any features of the Platform, to you or to users generally;
         3. c. modify or discontinue the offering of any Content;
         4. d. create usage limits for the Platform.

5. Refunds

5.1. In the event any Content becomes unavailable prior to download but after purchase, your sole and exclusive remedy is the refund of the purchase price paid for such Content within seven (7) days from the date of purchase.

6. User Content

6.1. You are responsible for content that you post to the Platform (“User Content”), and any consequences thereof. The User Content that you submit, post, or display may be viewed by other users of the Platform. You may be able to control the User Content that other users of the Platform may access through the privacy options in the Platform.

6.2. You retain your rights to the User Content you submit, post, or display on or through the Platform. By submitting, posting or displaying User Content on or through the Platform, you grant us a worldwide, non-exclusive, royalty-free, fully transferrable, perpetual licence (with the right to sublicense) to use, host, store, copy, distribute, reproduce, process, adapt, modify, publish, transmit, create derivative works from, communicate, publicly perform, publicly display, and/or otherwise use the User Content in any and all media or distribution methods (now known or later developed) as part of providing any or part of the Platform. You agree that this licence includes the right for us to provide, promote, and improve the Platform, and to make User Content submitted to or through the Platform available to other institutions or individuals as part of providing the Platform (including after termination of your use of the Platform), and in accordance with your privacy settings. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to the User Content that you submit. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates this Agreement, at our sole discretion, and without liability to you.

6.3. Further, in connection with the User Content you submit, post, or display on or through the Platform, you affirm, represent, and warrant the following:

• • • a. you have the written consent of each and every natural person who is identifiable in the User Content, if any, to use such person’s name or likeness in the manner contemplated by this Agreement, and each such person has released you from any liability that may arise in relation to such use;
    • b. you have obtained and are solely responsible for obtaining all consents as may be required by law to post any user content relating to third parties;
    • c. your User Content and our use thereof as contemplated by this Agreement will not violate any laws or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights; and
    • d. we may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreements, licensing arrangements or otherwise.

7. Our Intellectual Property Rights

7.1. You acknowledge that we own all rights, titles and interests, including but not limited to, all Intellectual Property Rights (as defined below), in and to the Platform, and that you will not acquire any rights, titles, or interests in or to the Platform except as expressly set forth in this Agreement.

7.2. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Platform or proprietary information related thereto.

7.3. You will not remove, obscure, violate or alter our copyright notice, or other proprietary rights notices affixed to or contained in the Platform.

7.4. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

8. Confidentiality

8.1. You will not disclose, misuse or use our Confidential Information.

8.2. “Confidential Information” means any information disclosed or made available to you by us, directly or indirectly, whether in writing, orally or visually. It includes, but is not limited to, all information contained within our reporting systems and other performance metrics, financial information such as royalty and profit sharing rates and methods, any other technical or programming information, and including personal data information about third parties we disclose or make available to you.

8.3. However, Confidential Information does not include information other than information that:

• • a. is or becomes publicly known, and generally available other than through your action or inaction; or<
  • b. was already in your possession (as documented by written records) without confidentiality restrictions before you received it from us.

8.4. You acknowledge, consent and agree that we may access, preserve and disclose information about your Account if required to do so by law, or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:

• • a. comply with the legal process;
  • b. enforce this Agreement;
  • c. respond to claims that any Content violates the rights of third parties;
  • d. respond to your requests for customer service; or
  • e. protect our rights, property or personal safety, our users and the public.

9. Cancellation, Suspension and Termination

9.1. You may cancel your Account at any time by ceasing to access or use the Platform, or by otherwise following any instructions that we provide to you for cancelling your Account.

9.2. We may suspend or terminate your Account, or cease providing you with all or part of the Platform and/or the Content at any time for any reason, including but not limited to, if we reasonably believe:

• • a. you have breached, or are acting in breach of, this Agreement;
  • b. you have infringed any laws or regulations or the rights of a third party, including infringing someone else’s intellectual property rights, or if we reasonably believe that you have engaged, or are engaging in fraudulent or illegal activities;
  • c. you do not respond or complete any account verification requests; or
  • d. our provision of the Platform and/or the Content is no longer commercially viable.

9.3. Notwithstanding Clause 9.3, in the event this Agreement terminates for any reason, the following shall be applicable:

• • a. your access to the Platform shall immediately terminate;
  • b. you shall continue to comply with all of your obligations under this Agreement which are not affected by termination;
  • c. we reserve the right to permanently dispose and delete any data held in the Platform without further reference to you; and
  • d. any claims which either party may have against the other in respect of any breach or non-performance or repudiation of any of the provisions of this Agreement which shall have occurred prior to such termination shall not be affected or prejudiced.

10. Third Party Interactions

The Platform may contain links to third party websites and third party content as a service to those interested in this information and by clicking on these links, you agree to do so at your own risk. We do not monitor or have any control over and make no claim or representation regarding third party websites and the third party content. We provide these links only as a convenience, and any link to a third party website or content does not imply our endorsement, adoption or sponsorship of, or affiliation with such third party website or content. We accept no liability or responsibility for any losses or damages which may be suffered by you in relation to your access and use of these third party websites and content.

11. Disclaimer and Limitation of Liability

11.1. You understand and agree that the Platform is provided to you on an “as is” and “as available” basis, without warranties of any kind, either express or implied, and the entire risk as to the quality and performances of the Platform is with you.

11.2. Without limiting any other provisions of this Agreement, we make no representation and warranty about:

• • a. the description, accuracy, quality, likely results, or reliability of the use of the Content on the Platform, or otherwise relating to such Contents or on any sites linked to the Platform;
  • b. the Platform, the results that may be obtained from the use of the Platform, or the accuracy, reliability, availability, veracity, timeliness or content of the Platform, or any part of it;
  • c. whether the Platform will be up-to-date, uninterrupted, timely, secure, error-free or non-misleading, or that defects in the Platform will be corrected;
  • d. whether the Platform or any data, content or material will be backed up, or whether business continuity arrangements are in place in respect of the Platform;
  • e. any third party arrangements or any guarantee of business gained by you through the Platform or through us or any of our affiliate(s); or
  • f. the Platform, or the systems or infrastructure on which the Platform is based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular functions.

11.3. To the extent permitted by law, we specifically disclaim any and all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

11.4. While it is our intention for the Platform to be available as much as possible, there will be occasions when all or part of the Platform may be interrupted, including but not limited to, for scheduled maintenance or upgrades, for emergency repairs, or due to failure or telecommunication links and/or equipment.

11.5. You expressly agree that we, our directors, officers, shareholders, employees, representatives, consultants, agents, subsidiaries, suppliers, and/or distributors will not be liable for any loss of profits, data or costs of procurement of substitute goods or services, or for any other indirect, special, incidental, punitive, consequential damages arising out of or in connection with this Agreement or other intangible losses, however caused, and under whatever cause of action or theory of liability brought, even if we have been advised of the possibility of such damages, resulting from:

• • a. your access to or use or inability to access or use the Platform;
  • b. any conduct or content of any third parties on the Platform, including but not limited to, any defamatory, fraudulent, misleading, offensive or illegal conduct of other users or third parties;
  • c. any Content obtained from the Platform; and
  • d. unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

11.6. If you are dissatisfied with any aspect of the Platform, or with any of these terms of use, your sole and exclusive remedy is to discontinue your access and/or use of the Platform. This limitation of liability shall apply to the maximum extent permitted by law.

11.7. You acknowledge that we may not be able to confirm the identity of other registered users, or prevent them acting under false pretences or in a manner that infringes the rights of any person.

11.8. You must ensure that your access to the Platform is not illegal or prohibited by laws that apply to you.

11.9. You must take your own precautions to ensure that the process that you employ for accessing the Platform does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system. We do not accept responsibility for any interferences or damages to any computer system that arises in connection with your use of the Platform or any linked websites.

12. Indemnity

12.1. You agree to indemnify, defend and hold us, our directors, officers, shareholders, employees, representatives, consultants, agents, subsidiaries, affiliates and applicable third parties (e.g. syndication partners, licensors, licensees, and contractors) (collectively “Indemnified Person(s)”) harmless from and against any and all claims, costs, damages, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from:

• • a. your use of and access to the Platform, including any data or content transmitted or received by you;
  • b. your breach of any provisions of this Agreement, including but not limited to, your breach of any of the representations and warranties above;
  • c. your breach, or alleged breach, of any third party rights, including but not limited to, any rights of privacy, confidentiality or intellectual property rights;
  • d. your breach of any laws, rules, regulations, codes, ordinances or judicial or governmental orders;
  • e. any content that is submitted via your Account, including but not limited to, misleading, false or inaccurate information;
  • f. your wilful misconduct;
  • g. any other party’s access and use of the Platform with your unique username, password or other appropriate security code; or
  • h. reliance by you on any information obtained through the Platform including, any Content or third party content.

13. General

13.1. Force Majeure
Subject to this Agreement and any agreements entered into by you relating to the Platform, we grant you a personal, worldwide, royalty-free, non-exclusive, non-assignable, and revocable licence solely for the intended use of the Platform to access the Content.

13.2. Severability and Waiver

13.2.1. Unless as otherwise stated in these Terms, should any provisions of this Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement, and the application of that provision shall be enforced to the extent permitted by law.

13.2.2. Any failure by us or any third party beneficiaries to enforce this Agreement or any provisions thereof shall not waive our or the applicable third party beneficiary’s right to do so.

13.3. Entire Agreement
This Agreement (together with any documents referred to herein) constitutes the entire agreement between the parties with respect to the transactions contemplated in these Terms and supersedes all prior oral and written agreements, memoranda, understandings, representations and warranties between the parties relating to the subject matter of this Agreement.

13.4. Assignment

13.4.1. In our sole discretion, we may assign these Terms, and any of our rights and obligations under these Terms, in whole or in part to a third party without your consent.

13.4.2. You may not assign this Agreement, in whole or in part, nor transfer your rights under this Agreement, to any third parties without our prior written consent. Any such purported assignment shall be null and void.

13.5. Amendments

13.5.1. We reserve the right to amend or replace the terms of this Agreement at any time and without notice. Nothing in this Agreement will constrain how we operate our business. The revised version will be effectively immediately at the time we post it on the Platform. You shall be responsible for reviewing and becoming familiar with any such amendments.

13.5.2. If the amendments constitute a material change to our terms and conditions, we will notify you by posting a notification on the Platform. What constitutes a “material change” will be determined at our sole discretion, in good faith, and using common sense and reasonable judgment. Your continued use of the Platform following such notification constitutes your acceptance of the terms and conditions as modified.

13.6. Dispute Resolution
This Agreement will be governed by the laws of Malaysia and parties agree that any disputes or claims between you and us will be adjudicated in the courts in Malaysia. Any claims against us arising from this Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceedings with any claims or controversy of any other party.

13.7. Relationship of Parties
Nothing in this Agreement creates, or will be deemed to constitute a partnership, joint venture, agency or fiduciary relationship between you and us.

13.8. Contact Us
If you wish to contact us regarding any feedbacks, comments or questions you may have, please refer to Contact Us.