Terms of Use

Last Updated: 13 June 2023

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and GIFT ED SDN BHD (Registration No. 202101043700 (1444000-U))， a company incorporated under the laws of Malaysia having a business address at WeWork Mercu 2, 38-006, No. 3, Jalan Bangsar, KL Eco City, 59200 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur, Malaysia ("Company," “we," “us," or “our”), concerning your access to and use of the https://www.gift-ed.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use and you agree that you will contact us if you have any questions, requests or complaints. 

Supplemental terms and conditions or documents that may be posted on the Site from time to time are  expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about material changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. The term “Content Providers” refers specifically to the educational content creators and the terms "you" and "User" as used herein refer to all individuals and/or entities accessing this Site for any reason.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with the respective local laws, if and to the extent local laws are applicable. Such Terms of Use should be read in conjunction with our Privacy Policy. By using this Site, you agree to comply with these Terms of Use. If you are not agreeable to or do not understand these Terms of Use, please do not proceed to access and/or use this Site.

By visiting the Site or accepting these Terms of Use, you represent and warrant to us that you have the right, authority and capacity to use the Site and you are not below the age of majority as that is defined in your jurisdiction and agree to and abide by these Terms of Use. If you are using the Site on behalf of an entity, by using the Site you represent that you have the necessary rights and authority to agree to these Terms of Use on behalf of that entity.

You also represent and warrant to us that you will use the Site in a manner consistent with any and all applicable laws and regulations.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us (as the case may be), and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal and non-commercial use only. All Content and the Marks are our property or belonged to its Content Providers or other subscribers / users. The compilation (meaning the collection, arrangement and assembly) of all Content on the Site are the exclusive property of the Company and are protected by Malaysian laws. Your use of the Site gives you no rights in respect of the Company or its Content Providers’ copyrights, trademarks, trade secrets or any other intellectual property rights. Unauthorised use of any and all the Content and Marks may violate copyright, trademark, and other laws. Except as expressly authorised by the Company, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any public or commercial purpose whatsoever in connection with products or services that are not those of ours, in any other manner that is likely to cause confusion among consumers or that otherwise infringes any other intellectual property rights, without our express prior written permission. 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal and non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

3. USER REPRESENTATIONS

  1. By using the Site, you represent and warrant that: 

    1. all registration information you submit will be true, accurate, current, and complete; 

    2. you will maintain the accuracy of such information and promptly update such registration information as necessary; 

    3. you have the legal capacity and you agree to comply with these Terms of Use; 

    4. you are not a minor in the jurisdiction in which you reside; 

    5. you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; 

    6. you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

2. When you create or make available any Contributions (as defined in paragraph 6), you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  • In the case of the Content Provider, you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

  • Your Contributions are not false, inaccurate, or misleading.

  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).

  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

  • Your Contributions do not violate any applicable law, regulation, or rule.

  • Your Contributions do not violate the privacy or publicity rights of any third party.

  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

4. USER REGISTRATION

You may be required to register with the Site. You agree not to share your account login credentials with anyone else and agree to keep your password confidential and will be responsible for all use of your account and password. In the event you notice or suspect someone else may be using your account without your permission (or any breach of security), you must notify us immediately. If we detect that an account is shared by multiple users, we may treat this as a security breach and terminate or suspend your account. We also reserve the right to remove, reclaim, or change a username you select  if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You are responsible for all actions or activities that happens by, through or under your account, unless you report misuse.

5. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a User, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Sell, resell, license, sublicense, distribute, rent or lease any content or our services to third-parties.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

  • Use any information obtained from the Site in order to harass, abuse, or harm another person or user.

  • Make improper use of our support services or submit false reports of abuse or misconduct.

  • Use the Site in a manner inconsistent with any applicable laws or regulations, or for any malicious or libelous purpose.

  • Engage in unauthorized framing of or linking to the Site.

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group; Attempt to impersonate another user or person or use the username of another user.

  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

  • Use a buying agent or purchasing agent to make purchases on the Site.

  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences or make any content available to anyone other than the authorised users (including making available the content to those who are not included in the total number of subscriptions made).

  • Use the Site as part of any effort to compete with us, whether affiliated with our competitors or not, or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

  • Use the Site to advertise or offer to sell goods and services.

  • Sell or otherwise transfer your profile.

  • send, upload, display or disseminate or otherwise make available any unlawful, discriminatory, harassing, libelous, defamatory, abusive, threatening, harmful, offensive.

  • display, upload or transmit material that encourages conduct that may constitute a criminal offence, result in civil liability or otherwise may breach any applicable laws, regulations or code of practice.

Any violation of the foregoing may result in, among other things, termination or suspension of your rights to use the Site.

6. USER GENERATED CONTRIBUTIONS AND ITS LICENSE

The Site may invite the Content Providers to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide the Content Providers with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions the Content Providers transmit may be treated as non-confidential and non-proprietary. Nothing in this Terms of Use shall restrict other legal rights the Company may have to the Contributions, for example under other licenses.

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This includes making the Contributions available to other companies, organisations, or individuals who partner with the Company for the syndication, broadcast, distribution or publication of similar content on other media, as well as using your Contributions for marketing purposes. 

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us and hold us harmless from any and all responsibility and to refrain from any legal action against us regarding your Contributions. You represent and warrant that you have all the rights, power and authority necessary to authorise us to use any Contributions that you submit. You also agree to all such uses of your Contributions with no compensation paid to you.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

7. GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: 

    1. you should have first-hand experience with the person/entity being reviewed; 

    2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; 

    3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; 

    4. your reviews should not contain references to illegal activity; 

    5. you should not be affiliated with competitors if posting negative reviews; 

    6. you should not make any conclusions as to the legality of conduct; 

    7. you may not post any false or misleading statements; and 

    8. you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. The Users accept, agree and understand that any descriptions, testimonials, endorsements or reviews provided by the other Users or audience that are represented through the Site or the Content Provider (as the case may be) have not been significantly evaluated by us and we disclaim any liability arising from or in connection with the Contributions or Submissions (as defined in paragraph 9). The Users are solely responsible for ensuring compliance with all applicable laws within their specific jurisdiction

By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

8. SUBSCRIPTION AND PAYMENT 

The following terms apply to your use of our subscription-based services as a learner (“Subscription Plan”). By using a Subscription Plan, you agree to the additional terms in this section. The use of Subscription Plan is governed by the agreement (“Subscription Agreement”) between the Company and the subscribing organisation (“Organisation”).

1. Subscription Plan 

During your subscription to our Subscription Plan, you get a limited, non-exclusive, non-transferable license from us to access and view the content included in that Subscription Plan via the Site. 

The subscription that the Organisation purchases or renews will determine the scope, features, and price of your access to a Subscription Plan. You may not transfer, assign, or share your subscription with anyone else. We reserve the right to revoke any license to use the content in our Subscription Plans for legal or policy reasons at any time and at our sole discretion.

2. Free Trials and Renewal of Subscription Plan 

Your subscription may start with a free trial. The duration of the free trial period of your subscription will be specified either on the Site or the Subscription Agreement during sign-up. The Company determines free trial eligibility at our sole discretion and may limit access, eligibility or duration. We reserve the right to terminate the free trial and suspend your subscription if we determine that you are not eligible. We will charge the subscription fee for your next billing cycle at the end of the free trial period. Your subscription will automatically renew according to your subscription settings (e.g., monthly or annually) unless you cancel your Subscription Plan prior to the end of the subscription term. Upon cancellation, your access to the Subscription Plan will automatically end on the last day of your billing cycle.

3. Refunds

The Organisation or you are not entitled to any refund or credit of fees already paid for the Subscription Plan, except if provided otherwise by applicable law. 

4. Change of Users 

The Organisation may request to change or replace an enrolled User after the subscription start date by giving notice in writing to the Company as soon as practicable if:

  1. the enrolled User has not activated his account after 30 days; or

  2. if the User has resigned from or has left the Organisation, in which case the Organisation must provide proof of the resignation or departure in a form that is acceptable to the Company.

5. Payments and Billing

The subscription fee will be listed on the Site and/or the Subscription Agreement at the time of purchase. Payments made are strictly non-refundable and there are no refunds or credits for partially used periods, unless otherwise required by applicable law.

To subscribe to a Subscription Plan, the Organisation must provide a payment method and provide the billing information upon checkout. By subscribing to a Subscription Plan and providing your billing information, you grant us and our third-party payment service providers the right to process payment for the applicable fees via your preferred payment method. Your subscription will be automatically renewed at the end of each subscription term for the same length of term and payment will be processed in the same manner as above.

In the event you update your payment method or we update your payment method using information provided by our payment service providers, you authorize us to continue charging the applicable fees to your updated payment method.

If we are unable to process payment through your preferred payment method, or if you have a chargeback disputing charges made to your payment method and the chargeback is granted, we may suspend or terminate your subscription.

We reserve the right to change our Subscription Plans or adjust pricing for the Subscription Plan at our sole discretion with notice to you, except as otherwise required by applicable law. 

6. Cancellations

Subject to the Subscription Agreement, you may cancel your Subscription Plan at any time. However, if you cancel:

  1. payments already made are non-refundable and we do not provide refunds or credits for any Subscription Plan already paid for; 

  2. you will not be billed for any additional / renewal subscription term, and Subscription Plan will continue until the end of the current subscription term or billing cycle whether or not you choose to utilize the Subscription Plan; and

  3. the administrative charges incurred by us (if any) on the cancellation or termination of the Subscription Plan will be charged to you.

7. Subscription Disclaimers

We make no guarantees as to the availability of any specific content in any Subscription Plan or as to any minimum amount of content in any Subscription Plan. At any point in the future, we reserve the right to offer or cease to offer additional features to any Subscription Plan, or to otherwise modify or terminate a Subscription Plan at our sole discretion. We have no responsibility to preserve or store the content inputted by you in connection with your use of any Subscription Plan. These disclaimers are in addition to those listed in the “Disclaimers” section below.

9. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. Any Submissions you provide regarding our Site are entirely voluntary and we are free to use as we deem fit and without any obligation to you.

10. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, security or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. We are not responsible for any third-party content, functionality, security, services, privacy policies, or other practices of those products, websites, third-party websites or services howsoever arising and any dispute arising therefrom shall by settled between you and the third party without our involvement.. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. You shall also hold us harmless and indemnify us to the fullest extent permitted by the applicable laws from any disputes, claims, request, proceedings, demand, prosecution howsoever arising from any dispute between you and the third party

11. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

12. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.gift-ed.com/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in Singapore. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Singapore, then through your continued use of the Site, you are transferring your data to Singapore, and you agree to have your data transferred to and processed in Singapore.

13. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (“Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

14. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. 

Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation. We may terminate your use or participation in the Site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

16. GOVERNING LAW

These Terms of Use shall be governed by and defined following the laws of Malaysia. The Company and yourself irrevocably consent that the courts of Malaysia shall be the legal forum and have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

17. DISPUTE RESOLUTION

1. Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

2. Binding Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the Asian International Arbitration Centre (“AIAC”) according to the Rules of the AIAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be three (3). The seat, or legal place, of arbitration shall be Kuala Lumpur, Malaysia. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of Malaysia.

3. Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, 

(a) no arbitration shall be joined with any other proceeding; 

(b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and 

(c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

4. Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

18. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

19. DISCLAIMER

The Site and/or Contributions are provided on an as-is and as-available basis without warranty of any kind. You acknowledge and agree that your use of the Site, Contributions and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site/Contributions and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. 

We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site (including but not limited to the Contributions and Submissions) and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. While we reserve the right in its sole discretion to remove Contributions or other content from the Site from time to time, we do not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action. We have no control over the accuracy, reliability, completeness, or timeliness of the resumes or Contributions / Submissions submitted on the Site and makes no representations about any such contents on the Site.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any 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.

We make no warranty that you will obtain specific results by using our services and such use shall be entirely at your own risk. 

20. FORCE MAJEURE

We are not liable to any User for any delay, cancellation, hindrance or breach in the performance of the Terms of Use or Site due to reasons attributable to Force Majeure. In the event that the Force Majeure lasts for more than thirty (30) days from the date the force majeure event first arises, we are entitled to terminate our services by written notice to you without any liability other than a refund for any Subscription Plan you have duly paid to us but has yet to be utilised by you.

Notwithstanding anything in these Terms of Use, we are entitled to decide at our sole discretion on the extent of action to be in relation to the performance of Terms of Use or Site during any Force Majeure event.

For the purpose of this paragraph, “Force Majeure” means an act, omission or circumstance relied on by any party as a force majeure event which the Company could not reasonably have exercised control, including but not limited to acts of God, acts or omissions of any authorities, riots, acts of war, strike or lockout, acts of terrorism, epidemics, pandemics, lockdowns, uncontrolled spread of contagious disease, governmental orders or regulations imposed, earthquakes or other natural disasters.

21. LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, use, goodwill or other damages arising from: (a) your use of or inability to access or use the Site, even if we have been advised of the possibility of such damages, (b) any third party conduct, or (c) unauthorised access, use or alteration of your content or information. 

Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, we make no representations or any kind of warranty whatsoever (whether express or implied by law) as to the quality or nature of any of the Contributions or third-party content made available through the Site to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, currency, completeness, adequacy, reliability, suitability and accuracy. Any such undertaking, representation, warranty or guarantee would be furnished solely by the Content Provider of the applicable class, or learning material or service, under the terms agreed to by the Content Provider, if any.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any and all losses, damages, liabilities, claims, or demands, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

23. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. The Company may also offer its Users a leader board feature, which will allow the Users to compare their performance on the Site to other Users. The Users agree that the Company shall have the right to use the Users’ data and other identifying information in connection with the leader board feature.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receiving electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

25. SANCTIONS & EXPORT LAWS

You warrant that you (as an individual or as a representative of any entity) are not located in, or a resident of, any country that is subject to applicable Malaysian trade sanctions or embargoes, including but not limited to any country restricted or prohibited under the Malaysian’s Strategic Trade Act 2010 and Strategic Trade (Restricted End-Users and Prohibited End-Users) Order 2010. You also warrant that you are not a person or entity who is named on any government's restricted, prohibited or denied party list. If you become subject to such a restriction during the term of any agreement with us, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you effective immediately.

You may not access, use, export, re-export, divert, transfer or disclose any portion the Site, Contributions and our services or any related technical information or materials, directly or indirectly, in violation of any Malaysian or other applicable country export control and trade sanctions laws, rules and regulations. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled under such laws.

26. MISCELLANEOUS

1. Binding Agreement 

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our delay or failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision and we reserve the right to enforce them in the future. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any reasons beyond our reasonable control. 

2. Severability of Provision

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. 

3. Our Relationship

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. 

4. Waiver of Rights

You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

5. No Assignment 

You agree that you will not assign or transfer the rights of licenses granted to you under these Terms to any third party. Nothing in these Terms of Use shall be construed as conferring any benefit, right, remedy or recourse to a third party. Your account is non-transferable and all rights to your account shall terminate upon you ceasing use of the Site, your death, or termination of your account. 

27. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

GIFT ED SDN BHD

WeWork Mercu 2, 38-006,

No. 3, Jalan Bangsar, KL Eco City,

Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur 59200

Malaysia

gifted@gift-ed.com