PUMM Website Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
Persatuan Usahawan Maju Malaysia (“PUMM”, “we”, or “us”), allows you access to and use of this website (“Website”) subject to these terms of use (the “Terms”). This Website is a publicly available, informational site.
TO USE THE WEBSITE, YOU MUST AGREE TO THESE TERMS. BY USING OR ACCESSING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS. IN ADDITION, WE MAY ASK YOU TO FURTHER ACKNOWLEDGE YOUR CONSENT AND AGREEMENT TO THE THESE TERMS AND/OR OUR PRIVACY POLICY AND OUR COLLECTION, USE AND SHARING OF CERTAIN PERSONAL INFORMATION, FOR EXAMPLE, BY REQUIRING YOU TO SIGN A SEPARATE AGREEMENT, CLICK “AGREE” OR TAKE SOME OTHER AFFIRMATIVE ACTION PRIOR TO YOUR ABILITY TO USE OR ACCESS CERTAIN PARTS OF OUR WEBSITE (“ADDITIONAL AGREEMENT”). “YOU” AND “YOUR” AS USED HEREIN WILL REFER TO YOU.
PUMM : Persatuan Usahawan Maju Malaysia is a non-profit, non-governmental organization incorporated under the laws of Registrar of Society, Malaysia.
Website : the website located at www.pumm.my, governed by these Terms. Users may be directed to other websites, including websites of PUMM, related to their specific residences, affiliations, backgrounds and interests. Other terms of use and privacy policies will govern those third-party websites and we encourage you to read them.
Services : all services provided on the Website.
User : means you, the individual accessing the Website and or using the Services.
You agree that you will not solicit, collect, or use the information or login credentials of other Users of the Website or the Services and that you will not change, alter or modify the Website or the Services or change, alter or modify another website so as to falsely imply that it is associated with the Website or the Services or PUMM.
You agree that you will not use any part of the Website or Services to:
a. upload, post, share, email, print, transmit, link to or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, sexually or otherwise objectionable;
You acknowledge, consent and agree that PUMM may access, preserve, and disclose your User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce these Terms;
(c) respond to claims that any User Content violates the rights of third-parties or other claims of abuse;
(d) respond to your requests for customer service; or
(e) protect the rights, property, or personal safety of PUMM, their users and the public.
You understand that the technical processing and transmission of the Website and Services, including your User Content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
Although PUMM cannot monitor the conduct of its Users, it is also a violation of these Terms to use any information obtained from the Website or Services in order to harass, abuse, or harm another person.
You grant to PUMM a world-wide, royalty-free, perpetual, irrevocable, transferable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, perform and display any and all User Content (in whole or part) that you post or submit to the Website, and the right to incorporate the User Content in other works, in any form, media, or technology now known or later developed. The foregoing does not apply to personally identifiable information you submit, which is subject to our Privacy Policy.
You represent and warrant that:
(a) you have the right to grant the foregoing license and to post and submit the User Content; and
(b) the User Content as posted and however used by PUMM in accordance herewith will not infringe, misappropriate, or violate any third party rights (including any intellectual property rights).
If you become aware of any abuse or misuse of the Website or Services by any person, please contact us at pummkl@gmail.com.
PUMM takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law and we maintain a policy of terminating the access of repeat offenders. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our staff.
The written notice must include substantially the following:
• your physical or electronic signature;
• identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple
works on the Website, a representative list of such works;
• identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate
that material;
• adequate information by which we can contact you (including your name, postal address, telephone number
and, if available, e-mail address);
• a statement that you have a good faith belief that use of the copyrighted material is not authorized by the
copyright owner, its agent or the law;
• a statement that the information in the written notice is accurate; and
• a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
You can reach us as follows:
In writing:
Persatuan Usahawan Maju Malaysia (PUMM)
A-1-01, Plaza Bukit Jalil (Aurora SOVO), Bandar Bukit Jalil, 57000, Kuala Lumpur.
By email:
Email: pummkl@gmail.com
PUMM owns the Website and all Services and content therein (other than your User Content) (“Website Content”) and all worldwide intellectual property rights relating to the foregoing. Except as expressly authorized by PUMM, you may not copy, distribute, sell, lease, perform, display, sublicense, modify or prepare derivative works of the Website or Website Content, in whole or in part. PUMM reserves all rights not expressly granted to you under these Terms. Any use of the Website not expressly permitted by these Terms will be deemed a breach of these Terms and may violate copyright, trademark, and other laws.
PUMM and associated brands and designs are the trademarks of PUMM. You must not use any such trademarks unless you have a valid, written agreement or consent from PUMM to do so. All third-party trademarks on the Website are the property of their respective owners.
The Website and Services may provide, or third parties may provide, links to other web sites or resources, including those controlled by Persatuan Usahawan Maju Malaysia (PUMM). PUMM has no direct control over third-party owned sites and resources, thus, you acknowledge and agree that PUMM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that PUMM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods or services available on or through any such site or resource. Many third-party sites and services have their own terms of use and privacy policies that differ from ours. These Terms and the Privacy Policy only apply to our Website and do not apply to any other sites or services. For PUMM websites please refer to the Privacy Policies available in each of those sites.
The nature of the Website is one that contemplates that Users and third-parties (including other Users) will provide certain information that is stored or displayed on the Website. Your viewing and use of such third-party information and your interaction, correspondence or transactions with third parties while using the Website, offline or otherwise (collectively, “Third Party Interactions”), are solely between you and such third parties. You agree that PUMM shall not be responsible or liable for any loss or damage of any sort incurred in connection with your Third Party Interactions or the presence of or ability to communicate or transact with such third parties via the Website or otherwise. PUMM reserves the right (but is not obligated) to monitor, or take any action we deem appropriate regarding, disputes between you and third parties using the Website. To the extent permitted under applicable laws, you hereby release PUMM from any and all claims or liability related to:
(a) any User Content posted on the Website by you or third parties;
(b) the conduct, whether online, offline or otherwise, of any third party or other User or
(c) any of your Third Party Interactions.
You agree that PUMM may in its sole discretion, without prior notice, immediately terminate your access to the Website and the Services for any reason or no reason. Potential causes for such termination include, but are not limited to,
(a) breaches or violations of these Terms,
(b) requests by law enforcement or other government agencies,
(c) discontinuance or material modification to the Website or Services (or any part thereof), and
(d) unexpected technical or security issues or problems.
Termination of your access includes
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND
SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PUMM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. PUMM MAKES NO WARRANTY THAT
(i) THE WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND SERVICES WILL BE ACCURATE OR RELIABLE, and
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE AND SERVICES WILL MEET YOUR EXPECTATIONS.
(i) THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR THE SERVICES;
(ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICES; OR
(B) YOU EXPRESSLY UNDERSTAND AND AGREE THAT PUMM SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU IN CONNECTION WITH:
Users who publish personal information of others or information regarding their organization via the Website must understand the risks they are exposing themselves to by sharing information and making it available via the Website. PUMM is not responsible for damages caused by third-party information or data submitted or published by Users or the inappropriate use of such information by third parties or other Users.
If you have a dispute with another individual or organization, you understand that PUMM is not required to assist you in the dispute. You hereby agree to release PUMM from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such disputes or the use of the Website and the Services. You assume total responsibility and risk for your use of the Website and Services. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information you access or obtain through the Website and the Services.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS DOCUMENT WILL APPLY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
YOU AGREE THAT THERE SHALL BE NO THIRD PARTY BENEFICIARIES TO THIS AGREEMENT.
You agree to defend, indemnify and hold PUMM and their subsidiaries, affiliates, officers, agents, consultants and employees harmless from all losses, liability, damages, costs and fees, including reasonable attorneys’ fees, arising out of a claim or demand made by any third party related to your access and use of the Website and the Services, your User Content, your violation of these Terms or the Privacy Policy, a breach of any representation or warranty made by you, or your violation of any laws or rights of another. For purposes of this Section, “affiliates” means, with respect to PUMM, any person or entity directly or indirectly controlling, controlled by or under common control with PUMM, and “control” means, the power, directly or indirectly, to direct or cause the direction of the management and policies of another, whether by the ownership of capital stock or voting interests, or otherwise.
For contractual purposes, you (a) consent to receive communications from PUMM in an electronic form (whether we post notices on the Website or communicate with you via email); and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. Any notices to you from us may be made by either email or regular mail.
These Terms and the Privacy Policy constitute the final, complete, and exclusive agreement between you and PUMM regarding the Website and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral, between you and PUMM (including, but not limited to, any prior versions of these Terms). These Terms and the resolution of any controversy or claim arising out of or related to these Terms or the Website (“Claim”) shall be governed by and construed in accordance with the laws of Registrar of Society Kuala Lumpur, without giving effect to any principles of conflicts of law, and you agree that the venue with respect to any dispute between you and PUMM will rest exclusively in the state and federal courts of Kuala Lumpur, Malaysia. PUMM’s failure to insist upon strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right. All waivers will be effective only if in writing. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will be enforced in accordance with their terms. You acknowledge that the Website and Website Content contains valuable trade secrets and proprietary information of PUMM, that any actual or threatened breach of the Section entitled “Ownership of Content and Intellectual Property Rights” will constitute immediate, irreparable harm to PUMM for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. The section headings in these Terms are for convenience only and have no legal or contractual effect. “Includes” and “including” are not limiting. Regardless of any statute or law to the contrary, you hereby waive your right to bring any Claim against PUMM more than one (1) year after such Claim first arose.
Purchases and Other Transactions.
If you wish to make transactions or use a service or locate PUMM State Liaison Representative through this PUMM Website, you may be asked to supply certain information relevant to your desired transaction. Any such information provided through this PUMM Website will be treated by PUMM in accordance with this Agreement and the Security and Privacy Statement. Verification of information may be required prior to the acknowledgment or completion of any transaction.
PUMM reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or member from making any or all transaction(s); and/or (e) to refuse to provide any user or member with any product or service. Merchandising offers, product prices and availability of any product or service offered through this PUMM Website are subject to change without prior notice, and PUMM shall not be responsible for errors in the offers, prices or descriptions of such products or services. Refunds and exchanges of products will be subject to PUMM’s refund and exchange policies then in effect. For transactions that are subject to tax, you remain responsible for any taxes that may be applicable.