Terms of Use

Effective 06 Feb  2022

 

1.       Application

 

1.1    These terms and conditions (“User Terms”) govern access and use of our Services (as defined at the conclusion of this page/document).  These User Terms will apply (including to all Services) from the beginning of our relationship with you as the User, which occurs as soon as you access any of the Services.

 

These User Terms should be read and understood thoroughly as they will be legally binding upon you.

 

1.2    When reference is made to “we” or “us” or “our” in these User Terms, it refers to PSMB.

 

1.3   The use of Headings is solely for convenience and their use will not affect or modify the interpretation of any User Terms so contained here.

 

1.4    The capitalised terms used are defined at the end of these User Terms.

 

1.5    Any version of these User Terms in a language other than English is provided for convenience only and you understand and agree that the English language version will prevail in the event of any conflict.

 

2.       Services and support

 

2.1    Subject to these User Terms, we will use commercially reasonable efforts to provide you with the Services. As part of the registration process, you will provide an administrative user name and password for your PSMB e-LATiH account. We reserve the right to refuse registration of, or cancel user names and/or passwords we deem inappropriate.

 

2.2 We will provide reasonable technical support services in accordance with our standard practice, and subject to these User Terms.

 

2.3    The Services may also extend to any related items quoted and billed by us.

 

2.4    Any Courses, Materials or Services are subject to our modification, and their availability may be discontinued or altered by us at any time.

 

3.       Restrictions and responsibilities

 

3.1    You acknowledge that you have read our Privacy Policy and that you agree with the content of and to be bound by the Privacy Policy, which is incorporated by reference into these User Terms.

 

3.2    You represent, warrant and covenant that you are over the age of 18, or, if not, you will only use the Services with the involvement, supervision and approval of a parent or legal guardian.

  

3.3     You understand and accept that:

 

  • the Website, special technology used in connection with the Website, the App, the Services, the Software, the Courses and the Materials are provided by us or third-party providers (including Content Providers) and are the copyrighted works of PSMB and/or such third parties;
  • Content Providers may choose to terminate their relationships with us and become inactive (we do not guarantee Content Provider or Course availability and we are not liable for any issues relating to Content Provider or Course availability);
  • you assume any and all risks from any meetings or contact you have with any Content Providers or Customers or other Users; and
  • you are responsible for your account with us and for all uses of the account or the Equipment, with or without your knowledge or consent.

 

4.       Confidentiality; proprietary rights

 

PSMB confidentially

 

4.1    You agree to take reasonable precautions to protect our non-public information regarding features, functionality, and performance of the Services and PSMB’s Intellectual Property (“PSMB Proprietary Information”) and to comply with all lawful and reasonable directions given to you with respect to PSMB Proprietary Information.

 

4.2    We own and retain all rights, title and interest in and to (a) the Services and Software (including all improvements, enhancements or modifications to the Services and Software), (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, (c) the Materials, and (d) all Intellectual Property in or related to any of the foregoing.

 

4.3    Unless otherwise expressly provided in these User Terms, Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers, as is relevant) and is protected, without limitation, pursuant to applicable copyright and other intellectual property laws.

 

4.4    PSMB has not agreed to and does not agree to treat as confidential any suggestion or idea provided by you (“Feedback”) and nothing in this User Terms or in the parties’ dealings arising out of or related to this User Terms will restrict PSMB’s right to use, profit from, disclose, publish or otherwise exploit any Feedback, without compensation to you.

 

4.5    We have granted a limited, non-exclusive, non-transferable license for you to access and use the e-LATiH Website (after all required fees, consideration for your use of the Service, have been paid by the Customer), solely for the purpose of your education or training, through the Services, in accordance with these User Terms and any conditions or restrictions associated with particular Courses or Services. All other uses are prohibited without our express written consent.

 

4.6    You must not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any PSMB Content, in whole or in part, other than as expressly authorised under these User Terms or as separately authorised by us in writing.

 

4.7    You must not accept licensed rights to Content from Content Providers and any such direct license is a material breach of these User Terms.

 

4.8    You agree that we may, in accordance with our Privacy Policy:

 

(a) retain and use your personal information (as that phrase is defined in the Privacy Policy), including, without limitation, name, address, contact details and Courses undertaken or scheduled;

 

(b) contact, deal directly with and offer Courses to you, including after you have ceased employment or engagement with a Customer.

 

4.9    Notwithstanding the foregoing, we reserve the right to revoke the license to access and use the Content granted by us.

 

4.10  Notwithstanding anything to the contrary, and subject to the Privacy Policy, PSMB has the right to collect and analyse data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including information concerning Customer Data and data derived therefrom), and we will be free at all times, including after your access and use ceases, to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other PSMB offerings, and (ii) disclose such data solely in aggregate or other lawful de-identified form for the purpose of (i) above. No rights or licenses are granted except as expressly set forth in these User Terms or the Customer Terms of Service.

 

4.11 All use of the contents in PSMB e-LATiH Website / App is at your own risk, with PSMB bearing no responsibility or liability for such use.

 

5.       Term and termination

 

5.1    Your use of the Services is permitted only for as long as you follow all applicable terms & conditions imposed by PSMB from time to time.

 

6.       Information, general exclusions, and operation of laws

 

6.1    All Materials and other information communicated to you via Content Providers or our employees, contractors, agents or representatives are provided in good faith. They are believed to be accurate and current as at the date of publication, presentation or communication, and we provide no warranty or guarantee that any Materials, information on linked websites or information otherwise communicated to you will be accurate or complete. No materials as provided by us should be regarded as professional advice and should not be relied upon as such.

 

6.2    Prior to taking any particular course of action in connection with the Website, the App or Services, you should make your own enquiries and seek independent advice based on your specific circumstances, needs and objectives.

 

6.3    We are not responsible or liable for any interactions between any Content Providers and Users who purchase or use a Content Provider’s Course via the Services. We are not responsible for disputes, claims, losses, injuries or damages of any kind that might arise out of or relate to the conduct of Content Providers or Customers or Users, including any Customer's or User’s reliance upon any information provided by a Content Provider.

 

6.4    You also understand that, by using the Services, you may be exposed to content that you consider objectionable. We have no responsibility to keep such content from you and no liability for your access or use of any Course or content, to the extent permissible under applicable law.

 

6.5    We understand and you acknowledge and agree that the Services and any other goods or services supplied by us to you or used by you are not of a kind ordinarily acquired for personal, domestic or household use or consumption and that you do not intend such use or consumption. If, at any time, this becomes not the case, you must notify us. You are welcome to discuss and raise any issues of concern you have with these User Terms.

 

6.6    To the maximum extent permitted by applicable law:

 

  • WE MAKE NO GUARANTEE AS TO THE USEFULNESS OF THE SERVICES OR MATERIALS, NOR ANY OF THE PRODUCTS AND SERVICES PROMOTED ON THE WEBSITE, THE APP OR VIA LINKED WEBSITES OR COMMUNICATED TO YOU BY US. IN PARTICULAR, WE MAKE NO GUARANTEE AS TO THE APPROPRIATENESS OF THE COURSES OR MATERIALS PROVIDED TO YOU BY US OR OUR EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES.

 

  • WE MAKE NO WARRANTY OR REPRESENTATION (EXPRESS OR IMPLIED) REGARDING THE QUALITY, ACCURACY, RELIABILITY, CURRENCY, PERFORMANCE, COMPLETENESS OR FITNESS FOR PURPOSE OF ANY PART OF THE SERVICES, THE WEBSITE, THE APP, THE MATERIALS AND OTHER INFORMATION COMMUNICATED TO YOU BY US OR OUR EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES.

 

  • WE DO NOT WARRANT THAT THE WEBSITE, THE APP OR THE SERVICES WILL BE UNINTERRUPTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.

 

  •  WE DO NOT REPRESENT OR WARRANT (EXPRESSLY OR IMPLIEDLY) THAT THE WEBSITE, THE APP, THE MATERIALS OR THE FACILITIES THAT MAKE THE WEBSITE, THE APP AND THE PSMB CONTENT AVAILABLE, WILL NOT CAUSE DAMAGE, OR ARE FREE FROM ANY COMPUTER VIRUS OR ANY OTHER DEFECTS OR ERRORS.

 

  • WE ARE NOT LIABLE (WHETHER IN CONTRACT, NEGLIGENCE OR OTHERWISE) FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEBSITE, THE APP, THE MATERIALS OR THE SERVICES.

 

  • YOU AGREE TO INDEMNIFY PSMB AND ITS AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES (INDEMNIFIED PARTIES) IN RESPECT OF ANY CLAIM, ACTION, DAMAGE, LOSS, LIABILITY, COST, CHARGE, EXPENSE, OUTGOING OR PAYMENT (INCLUDING LEGAL EXPENSES (ON A FULL INDEMNITY BASIS), ARISING FROM OR RELATING TO: (I) YOUR USE OF THE SERVICES OR ANY MATERIALS; (II) A BREACH OF THESE USER TERMS; AND (III) YOUR BREACH OF ANY APPLICABLE LAW.

 

6.7       We shall not be in breach of this User Terms nor be liable for delay in performing, or failure to perform, any of our obligations if such delay or failure results from events, circumstances, or causes beyond our reasonable control.

 

{These include, without limitation: Fire, flood, acts of God, interruption or failure of utility or telecommunications service, government actions, labour disputes or other similar events).

 

In such circumstances, we shall be entitled to a reasonable extension of time for reasonable performance of our obligations.

 

7.       Links to other websites

 

7.1    The Website and/or the App may contain links and pointers to other websites operated by third parties, which are included solely for your convenience. Links to third party websites do not constitute endorsement, sponsorship or approval by us of the content, policies or practices of those third parties, nor the content available on or for download from those third-party sites.

 

7.2    You agree that any access to third party linked websites shall be done at completely your own risk.

 

7.3    We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any goods or services available on or through any third-party website.

 

8.       Updates to Terms

 

8.1    From time to time, we may update these User Terms to clarify our practices or to reflect new or different practices, such as adding new features. We reserve the right in our sole discretion to modify and/or make changes to these User Terms at any time. Any material changes to these User Terms will be notified to you by us through prominent means, such as email notice sent to your latest email address we have on record, or by posting notice through our Services, the Website or the App. Modifications will become effective on the day they are posted or otherwise published, unless stated otherwise.

 

8.2    Your continued use of our Services after changes become effective will mean you accept those changes. You must visit the Services, the Website and the App regularly to ensure that you are aware of the latest version of the User Terms, as any revised User Terms will supersede all previous User Terms.

 

9.       Entire Agreement

 

9.1    This page/document is the complete and exclusive statement of the mutual understanding between you and us and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this page/document.  Any waivers must be in writing signed by both parties.

 

10.    Miscellaneous

 

10.1  If any provision of these User Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the User Terms will otherwise remain in full force, effect and enforceability.

 

10.2  No relationship of agency, partnership, joint venture, or employment is created as a result of these User Terms and you do not have any authority of any kind to bind us in any respect.

 

10.3  In any action or proceedings to enforce rights under these User Terms, the prevailing party will be entitled to recover costs and attorneys’ fees.

 

10.4  These User Terms are governed by the laws of the applicable jurisdiction, and the parties irrevocably submit to the exclusive jurisdiction of the courts of the applicable jurisdiction.

 

11.    Definitions

 

11.1  The following definitions apply:

 

App means any application or interface in which the e-LATiH Content and Services are accessible.

 

Content means all software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including its selection and arrangements.

 

Content Provider means the author, designer, creator or provider of a Course.

 

Course means a training course or other resource for instructing, educating, training, learning and/or tutoring and includes mobile applications and related and/or supporting materials.

 

e-LATiH refers collectively to the dedicated online learning portal produced pursuant to PSMB initiative to train Users via electronic means with the objective to facilitate the upskilling and reskilling of Malaysians.

 

Equipment means modems, hardware, servers, software, operating systems, networking, telecommunications, web servers and the like.

 

Implementation Services means that part of the Services, including any training that PSMB may offer at its discretion, provided by PSMB to enable the Users to commence using the Courses.

 

Intellectual Property means all intellectual property rights, including the following rights:

(a)  patents, copyright, rights in circuit layouts, designs, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have confidential information kept confidential;

(b)  any application or right to apply for registration of any of the rights referred to in paragraph (a); and

(c)  all rights of a similar nature to any of the rights in paragraphs (a) and (b) that may subsist anywhere in the world, whether or not such rights are registered or capable of being registered.

 

Materials means documents, information, materials (including marketing materials) and communications, provided or made available by or through PSMB, including through the Website, the App and learning management portal, and includes PSMB Content.

 

PSMB means Pembangunan Sumber Manusia Berhad (Human Resource Development Corporation) (Company No. 200101009387 / 545143-D) a corporation established under Companies Act 2016 (Act 777) and governed under Pembangunan Sumber Manusia Act 2001 (Act 612) with registered address at Wisma HRD Corp, Jalan Beringin, Damansara Heights, 50490 Kuala Lumpur, Malaysia.

 

PSMB Content means Content published or otherwise provided by or through PSMB, including through the Website or the App.

 

Privacy Policy means PSMB’s e-LATiH privacy policy as amended from time to time.

 

Services means all services supplied by PSMB to the Users via the Website, the App or other means, including marketing, promoting, facilitating, offering, hosting and providing Courses, providing access to Software and access to or licensing of specific Courses and includes the Implementation Services, as may be detailed more specifically at the discretion of PSMB.

 

Software means the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services.

 

User means a person who in any way uses the Website, the App, any Course, the Materials, the Software or any of the Services (in these User Terms, the User is also referred to as “you” or “your”).

 

Website means PSMB e-LATiH’s website at https://elatih.hrdcorp.gov.my  in which the e-LATiH Content and Services are accessible.

 

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