Terms of Use
The terms set out in this Terms of Use are intended to set out the terms for the use and access of the Strateq Academy website made available to You by Strateq Systems Sdn Bhd.
DEFINITIONS
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Strateq Systems Sdn. Bhd., Level 5 Block A, Dataran Hamodal, No. 4 Jalan Bersatu 13/4, 46200 Petaling Jaya, Selangor Darul Ehsan, Malaysia.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Website refers to Strateq Academy, accessible from https://elearning.strateqgroup.com/
Service refers to the website.
TOU refers to website Terms of Use
You, Your and Yourself means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
1. ACCEPTANCE OF TERMS
1.1. The use of the Website is subject to this TOU. By accessing and using the Website or Services you agree to be bound by this TOU and such additional terms of use, which may be posted by the Company on Website from time to time.
1.2. You agree that the Company may modify and amend this TOU at any time without notice. Unless explicitly stated otherwise, any new service introduced by the Company, shall be subject to this TOU. You are responsible for regularly reviewing the Company's TOU posted on the Website. By continuing to use the Website or Services, You are deemed to have agreed to be bound by any modifications and amendments to this TOU.
1.3. Owing to the global nature of the internet infrastructure, the information You provide may be transferred in transit to countries that do not have similar protection regarding Your data and it's use as set out in this TOU. By submitting your information, You consent to these transfers.
2. REGISTRATION, USE AND SECURITY
2.1. To create a new Account, You must provide Your e-mail address and password to complete the registration process. You are responsible for maintaining the confidentiality of the password and e-mail address and are fully responsible for all activities that occur under Your password or e-mail address whether or not actually or expressly authorized and/or used by You.
2.2. You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Website's registration form and (b) maintain and promptly update such registration data to keep it accurate, current and complete and (c) You should not use another’s account without permission. If You provide any information that is untrue, inaccurate, not current or incomplete, or if the Company suspects that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any part thereof).
2.3. The Company reserves the right to terminate any dormant Account that has not been used for a period of six months or longer.
2.4. Information on the Website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. The Company may also make improvements and/or changes to the Website at any time without notice.
2.5. The Website may not be available to all Devices which connect to the Internet. You assume all responsibility regarding the end-user equipment and software necessary to access the Website and assume all risk associated therewith.
2.6. The Website may not be available to be accessed from all regions and countries of the world. The Company reserves the right, in its sole discretion, to limit or terminate Your ability to access the Website from certain regions or countries, and You assume all risk associated with the accessibility of the Service.
2.7. The Company reserves the right to limit or prohibit Your access and use of its Website in its sole discretion and shall not be liable for such limitation or prohibition.
3. YOUR CONDUCT
3.1. You agree to use the Service only for lawful purposes and in accordance with this TOU and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use of the Service.
3.2. You agree to (a) notify the Company immediately of any unauthorised use or any other breach of security, and (b) ensure that You log out from Your Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision.
3.3. The Website is provided to You for Your private and personal use only. You shall not allow any other person to: (a) resell, timeshare, sublicense, or otherwise transfer all or any portion of the Website to any other party; or (b) make commercial use of the Website. You will not copy, download, reproduce, republish, or transmit in any manner whatsoever, any material on the Website except as is strictly necessary for Your own personal non-commercial home use.
3.4. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under Your usage, including the content of Your communication through the Service. Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct. Specifically, You agree to comply with all applicable laws regarding on-line communication in the country in which You reside.
3.5. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website (or the network(s) connected to Service) or interfere with any other party's use of the Service. You may not attempt to gain unauthorized access to the Website and other Account, computer systems or networks connected to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
3.6. You will not post or otherwise make available on the Website any material, which You do not own without the express permission of the owner of the material.
3.7. You will not reproduce, trade, resell, sell, or exploit for any commercial purposes, any or all of the Service, the use of the Service, the access to the Service including any logo, graphic, sound, image and articles whether posted by the Company, other users of the Service or by Yourself. You shall not use the Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the Website.
3.8. The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music or sound, and the entire contents of the website are copyrighted as a collective or severable work under applicable copyright laws.
3.9. You will not do anything that affects the operability or security of the Website or causes unreasonable inconvenience or offence or disruption to our staff.
3.10. You will not post or transmit through the Website any defamatory, harmful, obscene, threatening, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are crude, racist sexist, vulgar, or otherwise offensive. Always treat other users with respect.
3.11. You will not copy, download, reproduce, republish, transmit in any manner whatsoever, any material on the Website except as is strictly necessary for Your own personal non-commercial home use.
4. TERMINATION/ACCESS RESTRICTION
4.1. Without limiting anything herein contained, the Company reserves the right to cancel, withdraw, terminate or suspend Your access to the Website either in whole or in part for any reason whatsoever at its sole discretion at any time without notice to You and for any reason.
4.2. In addition to any termination rights the Company may have under this TOU, the Company may suspend or terminate Your Account and access to the Website without notice and in its sole discretion if:
4.2.1. The Company suspects fraudulent use of the Website and/or Your Account and includes but is not limited to: (a) permitting access to Your e-mail address and password to third parties, or (b) entering invalid or apparently invalid user information for Your Account.
4.2.2. Your Account is dormant for a period of six months or longer, as specified in Clause 2.3 above.
4.2.3. You materially violate this TOU posted from time to time on the Website, any applicable law, rule or regulation relating to the use of the Service.
4.2.4. Any law, regulation, or governmental action renders all or any portion of the Website (or Your use of the Service) unlawful or impracticable.
4.2.5. If the Company believes that You have violated or acted inconsistently with the letter or spirit of this TOU.
4.3. You agree that the Company shall not be liable to You or any third-party for any termination of Your access to the Website or Your Account and You hereby release the Company from any liability whatsoever.
4.4. You may terminate and close Your Account by e-mailing the Company at elearning@strateqgroup.com from the e-mail address provided by You the time You opened Your Account. Your e-mail must specify Your e-mail address, and expressly state that You wish to terminate Your Account.
5. DISCLAIMER & LIMITATION OF LIABILITY
5.1. The Company makes no warranty that the Website will meet Your requirement or that the Website will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through the Website or Your Account are true, accurate, or are free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. All use of the Website is at Your own risk and You are solely responsible for all damages resulting there from.
5.2. To the maximum extent permitted by applicable law, the Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the Website and transactions performed through the service or on the Internet generally. the Company makes no representations or warranties as to the quality of the call or any connection to or any transmission over the Internet.
5.3. To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall the Company be liable for any direct, indirect, incidental, special or consequential, punitive or exemplary damages, damages for loss of profits (even if the Company has been advised of the possibility of such damages or even if such damage is foreseeable), suffered, incurred and/or sustained by You that result from the use of, access to or the inability to use the Website, any changes to the Website and unauthorized access to or alteration of Your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through the Website or arising in connection with the fraudulent or unlawful acts of any third party, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability) or otherwise even if You have been advised of the possibility of such damages.
5.4. If You are dissatisfied with the Website, the materials available on or through the Service, Website or with the provisions of this TOU, you agree that Your sole and exclusive remedy is to discontinue using the Website and Services.
5.5. The Company will take reasonable measures to maintain the privacy and security of all private information provided by you to the Company Website, but third parties (such as hackers) may breach or attempt to breach the Company's security measures or may gain unauthorized access to the Company database or other equipment containing your information. You agree that the Company shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise, with respect to any breach of security of the Company Website or any other company equipment or user information.
5.6. Any other warranties, disclaimers and limitation of liability for any Company Services shall be set out separately for the respective Company Services.
6. INDEMNITY
6.1. You agree to indemnify, defend and hold the Company, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Company Service and Website harmless from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from (a) any violation by you of this TOU (b) Your use of or conduct or access to the Company Website (c) Your violation of any third party right, including without limitation any copyright, property or privacy rights; or any claim that one of Your User Generated Content causes damage to a third party. This indemnification obligation by You will survive the TOU and Your use of the Company Website.
6.2. The provisions of this paragraph are for the benefit of the Company and its officers, directors, employees, agents, shareholders, licensors and suppliers to the Company Website. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
7. MONITORING
7.1. Company shall have the right, but not the obligation, to monitor the Content of the Company Website, all interactive communication including but not limited to chat rooms and forums, to determine compliance with this TOU established by Company and to satisfy any law, regulation or authorized government request. Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Company Website. Without limiting the foregoing, Company shall have the right to remove any material that the Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. LINKS TO THIRD PARTY SITES
8.1. The Company Website and Applications may contain links to third party Web sites ("Linked Websites") and include advertisements. You agree that Linked Websites and advertisements are necessary for the Company to provide the Company Service. Such links and advertisements are provided to you only as a convenience and as such Company does not provide any form of representation and/or warranty whether express or implied, for the use of such Linked Websites. Company shall not be responsible if the Linked Website is not working appropriately. Company has no control over such websites and resources and shall not be responsible for the contents of any Linked Website or advertisement, including without limitation any link contained in a Linked Website and does not endorse any content, advertising, products, or other materials on or available from such websites or resources. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Websites, and for taking precaution to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature. By using the Company Website You expressly relieve us from any liability arising from Your use of and Linked Websites.
9. DISCLOSURE AND CONFIDENTIALITY
9.1. Company reserves the right to disclose any personal information about you or your use of the Company Service and without your prior permission if Company in good faith, believes that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Company or its holding or affiliated company; (3) enforce this TOU; or (4) act to protect the interests of its members or others.
9.2. Any non-personal information or material sent to Company by you will generally NOT be treated as confidential.
9.3. For further details on use and disclosure of your personal information please see our Privacy Policy.
10. GENERAL
10.1. This TOU are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and Company regarding this TOU will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defenses to jurisdiction. You agree that the Company Website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by Company in and from Malaysia.
10.2. The Company's performance of this TOU is subject to existing laws and legal process, and nothing contained in this TOU is in derogation of Company's right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Company Website or information provided to or gathered by Company with respect to such use.
10.3. If any provision of this TOU is held invalid, the remainder of this TOU will continue in full force and effect, and If any provision(s) of the TOU is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This TOU shall not be construed against any party as the principal draftsperson hereof. A printed version of this TOU and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.
10.4. Company's failure to insist upon or enforce strict performance of any provision of this TOU shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by Company in writing.
10.5. Notices to you shall not be modified, except by an express modification by Company as described herein and may be made via either email or regular mail or by displaying notices or links to notices to you generally on the Company Service.
10.6. The Company reserves the right to amend any of the provisions of this TOU from time to time. Amendments will be effective immediately upon notification on the Company Website. Your continued use of the Company Website and participation of, the Company Services, will represent an agreement by you to be bound by this TOU as amended.
10.7. You may not assert any claim against Company in connection with the Company Website unless you have given Company written notice of the claim within fourteen (14) days after you knew or should have known of the facts giving rise to such claim. You agree that any cause of action arising out of or related to the Company Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
10.8. The Company may assign its rights and duties under this TOU to any party at any time without notice to you and this TOU shall be binding upon and inure to the benefit of each party's respective permitted successors and assignees.
If you would like further information concerning site contents or you wish permission to use, to reproduce, or to republish any site contents, please e-mail us at elearning@strateqgroup.com
Date last updated: 1st May 2023.
