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The E - Learning services provided to you by Getra Sdn Bhd (Co. No.: 12063-D) (“GETRA”) is subject to the following terms and conditions.
By subscribing to this service and/or website (collectively, including all Content available but not limited to; through the Best-Scorer.com.my domain name), you signify your assent to both these terms and conditions (the "Terms of Service") and further terms and conditions of Best-Scorer.Com.my privacy notice, which are published at http://www.best-Scorer.com.my and/or other related Websites wherein GETRA products are provided and/or accessible, and which are incorporated herein by reference.
(a) Definition
Service means all E-Learning products provided by GETRA vide its websites (including but not limited to www.Best-Scorer.com.my) that allows you to access and receive information relating to Malaysian based educational materials or otherwise. It may include other features not specified herein and/or may be added or removed from time to time in the future.
(b) General Terms
These Terms of Service apply to all users of all services provided by GETRA. GETRA reserves the right to modify/terminate/suspend/add services in whole, or in part at any time without prior notice and it is your responsibility to request for and review these Terms of Service for any changes. Your use of the GETRA’s products following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. And further should any terms and conditions of the privacy notice of the websites related herein; and/or accessed and/or provided vide GETRA Products be in contradiction with the terms and conditions stated herein, the terms and conditions stated herein shall prevail. You are responsible for equipping yourself with all the necessary and compatible software required to utilize any of the services offered. GETRA may at any time suspend, terminate your subscription and bar your access to the Service in the event of a breach of any terms and conditions under this Terms and Conditions by you or any other reason whatsoever. You agree that: (i) the services shall be deemed solely based in Malaysia; and (ii) the services shall be deemed a passive website that does not give rise to personal jurisdiction over any website and/or product provided, either specific or general, in jurisdictions other than Malaysia. The internal substantive laws of Malaysia shall govern these Terms of Service. If a court of competent jurisdiction deems any provision of these Terms of Service invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and GETRA failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. You and GETRA agree that any cause of action arising out of or related to the GETRA products must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Any notice which may be given under this Agreement shall be in writing and deemed duly given to the other party if delivered by hand or sent by pre-paid registered post, to the address of which is communicated to the other party as his/her last known address or by electronic means which include e-mail and fax; and wherein the said notice shall be deemed to have been served at the time when it is delivered by hand and in the case of pre-paid registered post it would have been so delivered by the post and if by electronic means it would have been so delivered at the date and time sent.
GETRA hereby grants you permission to use it service as set forth in this Terms of Service, provided that: (i) your use of the service as permitted is solely for your personal, non commercial use; (ii) you will not copy or distribute any part and/or materials sourced from the service in any medium without GETRA’s prior written authorization; (iii) you will not alter or modify any part of the Website and/or service other than as may be reasonably necessary to use the Website and/or service for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service. In order to access some features of the service and/or Website, you will have to subscribe to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GETRA immediately of any breach of security or unauthorized use of your account. Although GETRA will not be liable for your losses (if any) caused by any unauthorized use of your account, you may be liable for the losses of GETRA or others due to such unauthorized use. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the service and/or Website in a manner that sends more request messages to the GETRA servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, GETRA grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. GETRA reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the service and/or Website, nor to use the communication systems provided by the service and/or Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the service and/or Website with respect to their User Submissions. You shall not use, permit or cause the use of the Service improperly or for any activity which breaches any law, infringes any third party’s right or breach any directive, content requirement or code promulgated by any relevant authority including activities which will require GETRA to take remedial action under any applicable industry code or practice or in any way which interferes with other users or defames, harasses, menaces, restricts and/or inhibits any other user from using or enjoying the Service.
The content on the service and/or Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to GETRA, subject to copyright and other intellectual property rights international conventions. Content on the Website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the GETRA. GETRA reserves all rights not expressly granted in and to the service and/or Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the service and/or Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the service and/or Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the service and/or Website or the Content therein.
You agree that your use of the service and/or website shall be at your sole risk. To the fullest extent permitted by law, GETRA, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. GETRA makes no warranties or representations about the accuracy or completeness of this service and/or site's content or the content of any sites linked to this service and/or site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service and/or website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our service and/or website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service and/or website by any third party, and/or (v) 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 posted, emailed, transmitted, or otherwise made available via the service and/or website. GETRA does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service and/or website or any hyperlinked website or featured in any banner or other advertising, and GETRA will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
In no event shall GETRA, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the service and/or website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that GETRA shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The Service and/or Website is controlled and offered by GETRA from its facilities in Malaysia. GETRA makes no representations that the service and/or Website are appropriate or available for use in other locations. Those who access or use the service and/or Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.