Terms of Use

TERMS OF USE

For the purposes of this document, the phrase “Terms of Use” refers to the terms and conditions set out in this   document. The term “Portal” refers to the website titled Malaysian Construction and Contract Law (MCCL) (including the Contents in the databases) made accessible to the Subscribers; and the software, features and functions which facilitate the storage, search, retrieval, display and download of the Contents of the databases. The term “MCCL Alerts” refers to the daily and/or weekly issues of MCCL Alerts sent via RSS, E-mail or Mobile Alerts sent by the Publisher to the Subscribers. The term “Contents” refers to the materials and documents stored in the database of the Portal and/or included in MCCL Alerts. The terms “Subscriber” and “Subscribers” refer to the organisation or individual who has been given access to the Portal and who receives MCCL Alerts, for free or otherwise. The term “Publisher” refers to the owner and operator of the Portal and MCCL Alerts.

The access to, and the use of, the Portal by the Subscribers is subject to the Terms of Use. The receipt of MCCL Alerts is also subject to the Terms of Use. The Publisher may add to, amend, delete or otherwise modify the Terms of Use at any time without notice to the Subscribers. The latest Terms of Use will be published and made available on the Portal. The continued use of the Portal and the continued receipt of MCCL Alerts after such modifications shall be subject to such modified Terms of Use.

 The copyright and other intellectual property rights subsisting in the Portal and MCCL Alerts are owned by the Publisher unless indicated otherwise. The Publisher reserves all intellectual property rights in relation to the content, design and layout of the Portal. Where the copyright and other intellectual property rights (of specified contents) are owned by third parties, their respective terms of use shall apply to the use of those contents and the Subscriber shall be bound by such terms of use. Any unauthorized use of the content, design or layout of the Portal may violate copyright, trademark and/or other laws. The Subscriber shall not remove or obscure the copyright notice or other notices contained in the Portal or MCCL Alerts including the Contents.

 The Subscriber may copy, download or print the materials on the Portal for personal or non-commercial use provided all copyright and other notices contained in the original material are retained on all copies of that material. The Subscriber may create a link to the Portal. The Subscriber shall not adapt, modify, republish or reproduce or use for any public or commercial purposes the materials on this website without the prior written permission of the Publisher.

The Publisher disclaims all warranties on the Portal and MCCL Alerts, including the warranty of the quality, veracity, accuracy, completeness or currency of the Contents and the fitness of the Portal for any particular purpose. The Publisher disclaims and excludes all forms of liabilities for any loss, injury, claim, liability, or damage caused directly, indirectly or incidentally to the use of or inability to use the Portal and MCCL Alerts. The Publisher specifically disclaims and excludes (without in anyway limiting the scope of the first sentence of this clause) all forms of liabilities for any loss, injury, claim, liability, or damage caused directly, indirectly or incidentally to (a) errors in or omissions from the Portal and MCCL Alerts including errors and omissions in the Contents; computer viruses transmitted from or other functional defects of the Portal and MCCL Alerts; delay, temporary interruption, unavailability or suspension, and/or failure in performance, of the Portal and MCCL Alerts.

The Contents are for informational purposes only. It is not intended to replace or serve as substitute for any professional advice, consultation or service. The Publisher disclaims and excludes all liabilities in respect of anything done or omitted to be done in reliance upon the whole or any part of the Contents.

The Subscriber is granted a non-exclusive, non-transferable and limited license to access and use the Portal and MCCL Alerts for research purposes. The Subscriber shall not commercially exploit the Contents.

The Subscriber shall not store, reproduce, disseminate, transmit, distribute, display and/or sell the Contents, commercially or otherwise, except with the prior written permission of the Publisher. The Subscriber may however disseminate, transmit, distribute, and/or display the links to the Contents, subject to laws applicable to him. The links must directly (without intermediate pages) lead the reader to the Contents on the Portal.

The Subscriber shall not decompile, reverse engineer or disassemble the software or other functions and features of the Portal and/or MCCL Alerts. The Subscriber shall not use any software or process to track usage of the Portal and/or MCCL Alerts including information about users, and monitor or copy the Contents.

The Subscriber shall indemnify the Publisher from and against all claims, losses, expenses, damages and costs resulting from the Subscriber’s use of the Portal and/or MCCL Alerts, and the Subscriber’s violation of the Terms of Use or any other legal obligation.

The Publisher may, at its sole discretion, reject an application for subscription to the Service without giving any reason whatsoever. The Publisher may, at its sole discretion, terminate or suspend the Service to the Subscriber at any time without notice or without giving any reason.

The Portal and/or the MCCL Alerts may contain hyperlinks to websites or databases operated by third parties. These hyperlinks are provided merely for the convenience of the Subscribers. The Publisher shall not be responsible any errors, inaccuracies, acts or omissions of such third parties. The Publisher shall also not responsible for the availability or the contents of or hyperlinks in such websites or databases. The Publisher does not approve, sponsor or endorse such third party websites, databases or contents therein. The Publisher disclaims and excludes all liabilities for any damage caused by or in connection with use of or reliance on any such content available on or from such websites or databases.

Any disputes arising from, or in connection with the use of the Portal shall be construed under the Laws of Malaysia, and shall be subject to the exclusive jurisdiction of the courts in Kuala Lumpur, Malaysia