Terms & Conditions
The terms and conditions of use set forth herein apply to this website (collectively, the “Site”).
Please read these terms and conditions of use carefully before using the site. By using the site, you acknowledge that you have read these terms and conditions of use and you agree to be bound by them without limitation or qualification. If you do not agree to these terms and conditions of use, you do not have our consent and should exit the Site immediately. Perbadanan Melaka Holdings Sdn. Bhd. (“PMH”) and its affiliates (together with PMH, “us,” “we” or “our”) reserves the right, at our discretion, to change, modify, add or remove portions of these terms at any time. Therefore, we suggest that you review these terms periodically for changes. By using our Site after we have posted changes to these terms and conditions of use, you are agreeing to be bound by these terms as amended.
This Site is maintained and operated by PMH. By accessing the PMH website located at https://www.pmh.com.my or any linked pages owned and operated by PMH (‘us”), or using the Services, whether on our Sites or on our partners’s websites through which we have hosted or otherwise made accessible the Services (the “Partner Sites”), you agree to be bound by these Terms of Service. These Terms of Service set out the legally binding terms with respect to your use of, and our provision of, the Services. Please read these Terms of Service carefully.
YOUR USE OF THE SITES OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF ALL OF THE PROVISIONS OF THESE TERMS OF SERVICE. IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS OF SERVICE, DO NOT USE THE SITES OR ANY SERVICE.
Changes to the Agreement or the Sites and Services
You agree and understand that these Terms of Service and the Sites and Services may be modified by us at any time without prior notice, and such modifications will be effective upon our posting of the new terms and/or upon implementation of the new changes in the Sites or Services. You agree to review the Terms of Service periodically so that you are aware of any modifications.
YOUR CONTINUED USE OF THE SITES OR SERVICES AFTER ANY MODIFICATIONS INDICATES YOUR ACCEPTANCE OF THE MODIFIED TERMS OF SERVICE.
Unless we expressly state otherwise, any new features, new services, enhancements or modifications to the Sites or Services implemented after your initial access thereto shall be subject to these Terms of Service.
Registration and Security
In order to use and/or access certain Services, you may be required to register with the Sites and to select a password and a user name which shall be associated with an email address which you own and use (“User ID”). You may also be asked to answer some questions about yourself. You agree that the information you provide to us upon registration and at all other times, including any questionnaire you may submit to us in connection thereto, shall be true, accurate, current and complete, and that you will promptly update such information with any changes. Failure to do so shall constitute a breach of these Terms of Service, which may result in the immediate termination of your account.
You may not:-
i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person; or
ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorisation.
We reserve the right to refuse registration of, or cancel, a User ID at our sole discretion.
You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the Services shall be for your personal use only.
You agree to: –
(a) immediately notify us of any unauthorised use of your User ID or password at email@example.com and
(b) ensure that you log out of your account when you wish to deauthenticate from each session. If you violate any of these Terms of Service, we may, at our sole discretion, terminate your registration, remove or modify any content that you have contributed, or take any other action that we determine to be appropriate.
Restrictions on Rights to Use
You agree that, subject to the section captioned “Certain Third Party Content” below, without our express written consent, you shall not (and you agree not to allow any third party to):
- modify, adapt, translate or reverse engineer any portion of the Sites;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Sites or in or on any Contributed Content or other material obtained via the Services;
- except for tools provided through the Sites, use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve or index any portion of the Sites;
- access, retrieve or index any portion of the Sites for purposes of constructing or populating a searchable database of information;
- collect or store personal data or any other information about other users or members of the Sites (including usernames and/or email addresses) in connection with the prohibited activities described in this section, or for any other purpose other than for your own personal, non-commercial use;
- reformat, frame or place pop-up windows over any portion of a Site, or otherwise affect the way that any Site is displayed;
- create user accounts by automated means or under false or fraudulent pretences;
- impersonate any person or entity, including, but not limited to, any employee or officer Perbadanan Melaka Holdings Sdn. Bhd., or falsely state or otherwise misrepresent your affiliation with a person or entity;
- create or transmit unwanted electronic communications such as “spam” to other users or members of the Services or otherwise interfere with other users’ or members’ enjoyment of the Services;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- forge headers or manipulate identifiers or other data in order to disguise the origin of any Content transmitted through the Sites or to manipulate your presence on the Sites;
- use the Sites or Services to violate the security of any computer network, crack passwords or security encryption codes, or transfer or store illegal material, including material deemed threatening or obscene;
- copy or store any Content offered on Perbadanan Melaka Holdings Sdn. Bhd. for other than your own personal use;
- use any device, software or routine that interferes with the proper working of the Sites or Services or otherwise attempt to interfere with the proper working of the Sites or Services;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
- reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Sites or Services, use of the Services, or access to the Services;
- solicit any user for any investment or other commercial or promotional transaction; or
- use the Sites or Services, intentionally or unintentionally, to violate any applicable local, state, national or international law.
Unauthorised access to the Sites or Services is a breach of these Terms of Service and a violation of law. You agree not to access the Sites or Services by any means other than through the interfaces that we or our partners provide to you for accessing the Sites and Services. We may at any time, without prior notice and in our sole discretion, remove any post, terminate the membership of, or take any other appropriate action against any person who violates the Terms of Service. Illegal or unauthorised uses of the Sites or Services will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal and/or injunctive redress.
It is our policy to
i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and
ii) remove and discontinue service to repeat offenders.
Changes to the Agreement or the Sites and Services
THE THIRD-PARTY BROKERS AND THIRD-PARTY ADVISORS ARE NOT EMPLOYEES OR AGENTS OF PERBADANAN MELAKA HOLDINGS SDN. BHD. OR ITS AFFILIATES. WE ARE NOT LIABLE FOR AND WILL NOT JUDGE THE SUITABILITY OF ANY ACTIONS OF THE THIRD-PARTY BROKERS AND THIRD-PARTY ADVISORS, INCLUDING ANY TRADING OR INVESTMENT RECOMMENDATION OR DECISION. THERE ARE SIGNIFICANT RISKS ASSOCIATED WITH INVESTING WITH A THIRD-PARTY ADVISOR OR INVESTING IN THE RECOMMENDED SECURITIES, INCLUDING, BUT NOT LIMITED TO, THE RISK THAT YOUR PORTFOLIO COULD SUFFER SUBSTANTIAL DIMINUTION IN VALUE. WE DO NOT AND CANNOT GUARANTEE THE FUTURE PERFORMANCE OF YOUR PORTFOLIO, THE THIRD-PARTY ADVISERS OR THE RECOMMENDED SECURITIES. IF YOU CHOOSE TO INVEST WITH A THIRD-PARTY ADVISOR OR IN THE RECOMMENDED SECURITIES, YOU ACKNOWLEDGE THAT YOU ARE ABLE TO BEAR THE RISKS OF INVESTING WITH THE THIRD-PARTY ADVISORS OR IN THE RECOMMENDED SECURITIES, AS APPLICABLE, AND THAT PERBADANAN MELAKA HOLDINGS SDN. BHD. AND ITS AFFILIATES SHALL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, TO YOU OR ANY OTHER ENTITY FOR LOSSES RESULTING FROM THE ACTIONS OR RECOMMENDATIONS OF ANY THIRD-PARTY ADVISORS OR YOUR INVESTMENT IN THE RECOMMENDED SECURITIES.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, NOTHING IN THESE TERMS OF SERVICE SHALL BE INTERPRETED TO WAIVE OR LIMIT YOUR RIGHTS UNDER ANY FEDERAL OR STATE SECURITIES LAW.
ANY SERVICES RELATING TO TAX PLANNING ARE NOT INTENDED TO BE THE PRIMARY OR SOLE BASIS FOR YOUR TAX-PLANNING DECISIONS. YOUR CIRCUMSTANCES ARE UNIQUE; THEREFORE YOU SHOULD CONSULT A TAX ADVISOR FOR PERSONAL ADVICE. WE DO NOT PROVIDE TAX ADVICE.
These Terms of Service, as amended from time to time, will remain in full force and effect while you use the Services or use any Content that you have obtained from Perbadanan Melaka Holdings Sdn. Bhd.. We may terminate these Terms of Service for any reason, at any time. Any provisions in these Terms of Service that by their nature or as specified hereunder are intended to continue beyond termination or expiration of these Terms of Service, including, without limitation and for the avoidance of doubt, the sections captioned “Our Proprietary Rights”, “Privacy”, “Recommendations”,”Term”, “Disclaimer”, “Limitation on Liability”, “Indemnity”, “Certain Third Party Content” and “Miscellaneous”, shall survive any termination or expiration of these Terms of Service.
THE SITES AND SERVICES ARE PROVIDED BY US ON AN “AS IS” BASIS. WE AND OUR LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE SITES AND SERVICES OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON, OR IN ASSOCIATION WITH, THE SITES AND SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE AND OUR LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SITES OR DISPLAYED THROUGH THE SERVICES.
WE AND OUR LICENSORS AND AFFILIATES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SITES OR SERVICES. WE DO NOT WARRANT OR COVENANT THAT THE SITES AND SERVICES WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES AND SERVICES ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THROUGH OR FROM THE SITES OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
NEITHER WE NOR THE SITES OR SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX, OR, EXCEPT AS WE MAY OTHERWISE NOTIFY YOU IN CONNECTION WITH THE RECOMMENDATIONS, FINANCIAL ADVICE. WE ARE NOT A REGISTERED BROKER-DEALER OR TAX ADVISOR.
Unless we specify otherwise, any advice we provide to you is based solely on the information provided by you, and may not take into account information that may be available in the context of a more detailed examination of your personal financial situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances. We will not check the accuracy of the information you provide to us. It is your responsibility to keep the information you provide to us up to date. In most cases, we will not ask you to provide additional information or ask you to update your existing information.
Limitation on Liability
NEITHER WE NOR OUR SUBSIDIARIES AND/OR AFFILIATES SHALL BE LIABLE FOR DAMAGES ARISING FROM THE PROVISION OR USE OF THE SITES OR SERVICES, INCLUDING THE RECOMMENDATIONS, EXCEPT FOR DAMAGES RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS OF SERVICE SHALL CONSTITUTE A WAIVER OR LIMITATION OF YOUR RIGHTS UNDER MALAYSIAN LAW.
WE SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM OUR OBLIGATIONS HEREUNDER WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING “LINE- NOISE” INTERFERENCE). WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR OUR SUPPLIERS WILL BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
WE SHALL NOT, DIRECTLY OR INDIRECTLY, BE LIABLE, IN ANY WAY, TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY: (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE CONTENT OR SERVICES INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OR ANALYSIS POSTED BY ANY OTHER USER, PRICES OF SECURITIES AND FINANCIAL DATA; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE CONTENT OR SERVICES; OR (C) LOSS OR DAMAGE ARISING FROM YOUR USE OF THE CONTENT OR SERVICES THEREON OR BY ANY REASON OF NON-PERFORMANCE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PERBADANAN MELAKA HOLDINGS SDN. BHD. AND EACH OF ITS SUBSIDIARIES AND/OR PRODUCTS AND SERVICES MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE FEES RECEIVED BY SUCH PERSON IN RESPECT OF YOUR ACCOUNT IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
You agree to indemnify and hold Perbadanan Melaka Holdings Sdn. Bhd., its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Sites, (ii) your use of the Services, (iii) your submission of Contributed Content, (iv) the violation of these Terms of Service by you, (v) your violation of law in your use of the Services or in your dealings with other users of the Services, (vi) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
If there is any dispute about or involving the Sites or Services, you agree that the dispute will be governed by the laws of Malaysia, without regard to its conflict of law provisions.