Terms and Conditions
Welcome to MasterHand Learning Asia Pacific LLP. www.masterhandlearning.com is owned and operated by, Company Registration No. [T07LL1351E] (“The Company”).
1. REPRESENTATIONS AND WARRANTIES
- You hereby declare that:
- you have read and accepted the Web Terms in its entirety;
- you are at least 18 years old and have the necessary legal capacity, right, power and authority to accept these Web Terms and you are either:
- accessing this Site, using the Services and contracting in your own personal capacity; or
- accessing this Site, using the Services and contracting on behalf of a corporation or another legal entity.
- you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting, and such entity agrees to be bound by these Web Terms; and
- all of the information provided by you to The Company (including personal particulars and contact information) is accurate and complete.
- For the purpose of these Terms and Conditions, the following terms shall have the meanings as defined below:-
“The Company’s Content” means all Content of The Company that is made available on or via this Site;
“Computer” means your computer, notebook computer, personal digital assistant, mobile phone, tablet device, or other electronic device used to access this Site or the Services;
“Content” means product listings, product descriptions and reviews, materials, information, news, advertisements, listings, data, input, text, songs, audio, video, picture, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content;
“Linked Sites” means website links that appear on this Site;
“Marks” means the logo, trademarks and service marks used on this Site;
“Products” means The Company ’ products and/or services provided on this Site;
“Servers” means the computer software, systems and servers hosting, and operating, managing, providing or contributing to this Site and the Services;
“Services” is defined in Clause x;
“Site” means the website at http://The Company.com/;
“Terms and Conditions” means this terms and conditions for the Products and/or Services as may be varied or modified from time to time at The Company’s sole discretion;
“Web Terms” means the terms and conditions of this Site as well as the Privacy (http://www.The Company.com/privacy_policy_english.pdf).
- The words “include” and “including” shall not be understood as having any limiting effects.
- The headings are inserted for convenience only and shall not affect the construction of this Terms and Conditions.
- Unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing a gender include every gender.
3. SITE AND SERVICES
- This Site is owned and maintained by The Company.
- The Company may now or in the future offer one or more of the following services on or through the Site:
- online ordering of Products;
- access to Content;
- search engines or tools;
- product reviews and catalogues, message boards, forums, blogs and communication tools; and
- any other features, content or application that The Company may offer on the Site from time to time in its sole and absolute discretion.
- You acknowledge and agree that by accessing and using certain Services, you agree to the Web Terms.
4. CONTENT USE CONDITIONS
- You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or have any access to:
- any Services;
- this Site; and
- any The Company’s Content except with prior written consent from The Company or unless expressly permitted in these Web Terms.
- Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services or The Company’s Content on another website or server. This includes framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of The Company.
- All The Company’s Content is the copyrighted work of The Company or its content or software providers. The Company reserves and retains all rights to its Content.
- You may not decompile, reverse engineer or otherwise attempt to discover the source code of any The Company’s Content available on the Site or through a Service except under specific circumstances expressed and permitted by law or by The Company in writing.
5. PASSWORD AND ACCOUNT
- [MasterHand] may require you to register an online account (“Account”) to enable you to access and use certain parts of this Site or access certain Services.
- You agree that your Account is for your sole, personal use. You agree not to:
- share with or permit others to use your Account;
- assign or otherwise transfer your Account to any other person or entity; and
- use your Account for commercial purposes.
- You shall provide [MasterHand] with accurate, complete, and up-to-date Account information. Failure to do so shall constitute a breach of this Terms and Conditions which may result in the restriction, suspension or immediate termination of your Account. You will keep your Account information updated at all times to ensure it is accurate, current and complete.
- As part of the Account registration process, you will select a password (“Password”) and user identification (“User ID”). You may not:
- select or use a User ID of another person with the intent to impersonate that person;
- use a name that belongs to another person without authorisation; and
- use a User ID that [MasterHand], in its sole discretion, deems inappropriate or offensive.
- You shall promptly notify [MasterHand] of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure off your Password. You will be responsible for safeguarding and maintaining the confidentiality of your User ID and Password.
- You will be responsible for, and [MasterHand] shall be entitled to rely on, all communications transmitted through the use of your User ID and Password, and all such communications shall be deemed to be communications made and issued by you.
- You will be responsible for all messages and all online activity at the Site transmitted or conducted through the use of your User ID and Password.
- [MasterHand] shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your User ID and Password.
- You agree that [MasterHand] reserves the right to change or re-assign User IDs and/or Password(s) at its sole discretion by giving you notice. [MasterHand] shall not be liable for any loss, damage, cost or expense incurred by you as a result of such change or re-assignment.
6. USE OF ACCOUNT INFORMATION
7. SUSPENSION AND TERMINATION OF ACCOUNT
- You agree that [MasterHand] has the right in its sole and absolute discretion and without notice to:
- restrict, suspend, or terminate your access to all or any part of the Site or Services and/or terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reasons;
- without prejudice to the generality of the above, [MasterHand] reserves the right to deactivate your Account if it has been inactive for a period of six (6) months or more, or if you are in breach of any terms in this Terms and Conditions or if [MasterHand] believes you have been using the Account for unlawful and/or undesirable activities.
- You agree not to hold [MasterHand] liable or responsible for any loss or damage incurred by you arising out of, or in connection with the suspension and/or termination of your Account.
8. INTELLECTUAL PROPERTY
- The copyright, patents, Marks, registered designs and all intellectual property rights used in the Services, the Site, and all The Company’s Content shall remain with The Company. This Site as a whole is protected by copyright and all worldwide rights, titles and interests in and to the Site are owned by The Company. Any unauthorised copying, alteration, distribution, transmission, performance, display, or other use of such intellectual property from any portion of this Site is prohibited. All rights not expressly granted in writing are reserved by The Company.
- The Marks displayed on this Site are the property of The Company, and all rights to the Marks are expressly reserved by The Company. You are not permitted to use any Marks without the prior written consent of The Company. The Company enforces its intellectual property rights to the fullest extent of the law. The name of The Company or any other Marks may not be used in any way, including in any advertising or publicity, or as hyperlink without prior written permission from The Company.
- The domain name on which this Site is hosted on is the sole property of The Company and you may not use, or otherwise adopt a similar name for your own use.
9. ONLINE CONDUCT
- You hereby agree:
- to comply with these Web Terms, and other notices or guidelines that may be posted on this Site by The Company from time to time (which shall be incorporated by reference into these Web Terms);
- not to use any Service or The Company’s Content for any unlawful purpose, and to comply with all applicable laws and regulations, including and without limitation to copyright law;
- not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair how this Site, Services or Servers work. This includes denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and
- not to use the Account of another user at any time, with or without his/her permission.
10. DISCLAIMERS AND LIMITATIONS
- While we make every effort to ensure that all The Company’s Content displayed on this Site is accurate and complete, we provide the The Company’s Content for informative purposes and on an “as is”, “as available” basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, The Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, The Company does not warrant that the functions contained in or access to this Site, Services, The Company’s Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that this Site, Services, The Company’s Content or other content will be timely, uninterrupted or error-free of without omission, that defects will be corrected, or that this Site, Services, The Company’ Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any The Company’s Content in or with any Computer will not affect the functionality or performance of the Computer. The Company does not warrant or make any representations regarding the use or the results from the use of The Company’s Content, Services, Site or Servers in terms of their accuracy, completeness, reliability, or otherwise. You (and not The Company) will assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer.
- The data information made available on this Site are of a general nature and do not mean, and shall not in any way constitute an offer or provision of any professional or expert advice. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. The Company does not sponsor, endorse or promote any products, services or information.
- You agree that all statements, offers, information, opinions and materials from other sources and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk. The Company shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
- You agree that:
- The Company shall be entitled at any time, at its sole and absolute discretion and without prior notice, add to, vary, terminate, withdraw or suspend the operation of the whole or any party or feature of this Site or Services without assigning any reason;
- access to or the operation of this Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors; and
- in any such event, The Company shall not be liable for any loss, liability or damage which may be incurred as a result of such interruption or technical problem.
- In no event shall The Company be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence or otherwise) caused through the use of or the inability to use, the The Company’s Content, Services, any Computers, this Site, or any other website. In the event that The Company is found to be liable for damages despite the foregoing provision, you agree that The Company’s aggregated liability to you for any and all causes of action in relation to the The Company’s Content, Services, Site, and the Terms and Conditions, shall not exceed the total amount of fees and charges paid by you for the Services to The Company for the one (1) month period immediately preceding the time such liability arose.
- Under no circumstances, including, but not limited to negligence, shall The Company be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the The Company’s Content, Services, Site, or any other website, even if The Company or a The Company’s authorised representative has been advised of, or should have foreseen, the possibility of such damages.
- You agree that the above exclusions and limitations of liability enable the Services and the The Company’s Content may be provided at a reasonable cost to you.
11. LINKED SITES
- The Company may provide links to Linked Sites that may be of relevance and interest to our users. The Company has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites. You hereby irrevocably waive any claim against us with respect to the Linked Sites.
- The Company does not endorse any entities featured on Linked Sites or any products or services which may be available from Linked Sites.
12. DATA USE AND PRIVACY
- You agree that The Company has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your access to all or any part of this Site or Services, without assigning any reason.
14. NOTIFICATION OF INFRINGEMENT
- The Company reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect to The Company’s Content and other materials on this Site (“Infringing Material”) and take appropriate action. If you believe your work has been used or copied in a way that constitutes infringement and such Infringement is occurring on this Site, please notify The Company in writing immediately (“Infringement Notice”).
- All Infringement Notices shall be sent to The Company in the following format:
MasterHand Learning Asia Pacific LLP
[713A East Coast Road, Singapore 459066]
- The Company will, in response to all Infringement Notices submitted in the above manner, undertake the necessary investigations and if necessary remove the Infringing Material from this Site without a reasonable time. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against The Company in respect to any Infringing Material, unless you have first given The Company the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter The Company refuses or fails to remove the Infringing Material within a reasonable time. If The Company removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against The Company under any applicable law which you may have in respect to any Infringing Material appearing on the Site prior to removal by The Company.
- You acknowledge and agree that The Company has no control and cannot undertake responsibility or liability in respect to Infringing Material appearing on Linked Sites.
15. JURISDICTIONAL ISSUES
- This Site is operated by The Company in Malaysia. The Company makes no representation that the Services or Contents of this Site are appropriate or available for use in your location. Those who choose to access this Site from any location can do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- You agree to indemnify and hold The Company, and its officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including but not limited to legal costs on a full indemnity basis), awards, losses and/or expenses that The Company, and its officers, agents, co-branders or other partners, and employees, may be subject to, directly or indirectly, due to, or arising out of:
- any use of this Site or any site;
- your connection to this Site;
- your violation of any rights of another person or entity; or
- your breach of any statutory requirement, duty or law.
- The Company reserves the right to change, modify, suspend or discontinue the whole or any portion of this Site or Services at any time. The Company may also impose limits on certain features or restrict your access to parts or this entire Site or Services without notice or liability.
- The Company may from time to time vary or amend these Web Terms by posting the amended Web Terms at this Site. Any use of the Services or access to this Site after the amendment of these Web Terms will be considered as acceptance of the amended Web Terms by you. If you do not agree to the amended Web Terms, you have the right to cease using the Services or to exit this Site.
- If any provision of these Web Terms is found to be illegal, void or unenforceable under any law that is applicable hereto, or if any court of competent jurisdiction in a final decision so determines these Web Terms shall continue in force save that such provision or part thereof shall be deemed to be deleted.
19. RELATIONSHIP OF PARTIES
- Nothing in these Web Terms shall constitute or be considered to constitute as an agency, partnership or joint venture between The Company and you. Neither party shall have any authority to bind the other in any way.
- No waiver of any rights or remedies by The Company shall be effective unless made in writing and signed by an authorised representative of The Company.
- A failure by The Company to exercise or enforce any rights conferred upon it by these Web Terms shall not be considered to be a waiver or variation of any such rights, or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
21. FORCE MAJEURE
- No party shall be liable for any failure to perform its obligations under this Terms and Conditions if the failure results from a Force Majeure Event (defined below). This is provided that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event ceases or abates.
- For purposes of this Terms and Conditions, a “Force Majeure Event” is an event which is a a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s territory, and which results in the party being unable to observe or perform on time an obligation under this Terms and Conditions. These include, industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
22. RIGHTS OF THIRD PARTIES
- A person, or entity, who is not a party to this Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Terms and Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
23. GOVERNING LAW AND JURISDICTION
- These Web Terms and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Malaysia, without giving effect to any principles of conflicts of law.
- You hereby agree to submit to the exclusive jurisdiction of the Malaysia courts.
- Should there be any inconsistency between the English language version of this Terms and Conditions and any translation hereof, the English language version shall prevail.
- If you have any questions or concerns about these Web Terms or any issues raised in these Web Terms or on the Site, please contact us at firstname.lastname@example.org.