REGISTRATION TERMS AND
CONDITIONS
AND DATA PROTECTION AND
PRIVACY POLICY
Registration
with www.AlphaInvestmentBank.com
("The Web Site") constitutes a legally binding agreement
between you and Digital Hub Sdn. Bhd. ("The Company"),
which shall be governed by these Terms and Conditions, under which
The Service may be accessed and used.
The terms used in
this agreement shall have the following meanings, unless specifically
stated otherwise:
"Card"
means a valid credit card issued by a recognized financial institution
and accepted by The Company for payment of subscription fees.
"Loss"
means all loss, damage, claim, costs, charges, damages and expenses
of any nature (including any loss of profits, savings and consequential
damages) howsoever arising whether direct, indirect, joint, several,
actual, contingent or otherwise (including legal fees on a full
indemnity basis), and includes without limitation claims made by
third parties and claims for defamation, infringement of intellectual
property rights, death, personal injury, wrongful use of computers
and unauthorized or illegal access to computers (including but not
limited to hacking), property damage or pecuniary losses howsoever
arising.
"The
Company" means Digital Hub Sdn. Bhd.
"The
Service" means access to and/or use of any data, directory,
information, reports, news and bulletins posted on The Web Site,
hyperlinks with The Company's Strategic Partners and Participating
Companies, member registration and login, and all other features
and facilities of The Web Site.
"The
Web site" means the web portal www.AlphaInvestmentBank.com,
which is owned and operated by The Company.
"User"
means an individual who or a corporation which, registers and subscribes
to access and use The Service.
"User
Account" means the facility provided by The Company to the
User, to uniquely identify the User when accessing The Service.
1.00
CONDITIONS OF REGISTRATION
1.01 To
register to be a User of The Service, you warrant that you are an
individual who, or a duly registered corporation which, can enter
into legally binding contracts under the applicable laws and regulations
of Malaysia and you agree to comply with all applicable laws and
regulations in connection with your access to and use of The Web
Site.
1.02 Upon
registering to be a User of The Service, you accept the Terms and
Conditions of this agreement. This is a legally binding agreement
between you and The Company, establishing the Terms and Conditions
under which The Service may be accessed and used.
1.03 If
you are registering with us on behalf of a company or other entity,
you represent and warrant to us that you have the full legal capacity
and that you are duly authorized and possess all the requisite powers
to enter into this agreement, to bind such company or entity to
these Terms and Conditions and to perform your obligations under
this agreement.
1.04 This
agreement does not describe the terms and conditions, which may
apply to the access and use of services provided by The Company's
Strategic Partners and Participating Companies.
1.05 Use
of The Service is prohibited to members whose use of The Service
has been terminated by The Company, for any cause.
1.06 The
Company reserves the rights to, in its sole discretion and without
explanation, reject registration by anyone at anytime.
Only registrations accepted by The Company and confirmed
by e-mail to your e-mail address shall constitute a legally binding
agreement between you and The Company.
1.07 During
registration, you will select your User Name and Password to access
The Service.
1.08 Payments
for The Service shall be made using your Card in accordance with
the Card company's payment mechanism and program.
1.09 The
Company reserves the right to, in its sole discretion and as it
may deem appropriate at any time, vary, modify or discontinue any
part of The Service, including but not limited to removal of content,
postings on The Web Site, and the blocking or filtering of data,
without notice to the Users.
1.10 Unless
expressly stated otherwise, the use of any part of The Service shall
be subject to these Terms and Conditions, and any amendments to
the same.
1.11 You
shall be solely responsible for the set-up, configuration and compatibility
of your hardware, equipment and software used to access The Web
Site and shall provide at your expense, all facilities and resources
necessary for such proper access.
1.12 You
warrant that all the information, which you supply to us, is true,
accurate, complete and current and you undertake to immediately
inform The Company, upon your discovery that any such information
becomes untrue, inaccurate, incomplete, misleading or non-current
in any material respect. You
agree that if you provide any information which is untrue, inaccurate,
misleading, incomplete or non-current, or The Company has any reasonable
grounds to suspect that your information may be such, that The Company
has the right to terminate your registration and listing, and to
refuse you all current and future access to and use of The Service.
1.13 You
agree that possession, distribution, circulation, importation or
other dealings of The Service or parts of The Service that are available
on The Web Site may be subjected to the laws and regulations of
some countries and jurisdictions.
It is your responsibility to ensure that any such dealings
with The Service is in compliance with all applicable laws and regulations
of the relevant countries and jurisdictions, including licensing,
intellectual property, taxation, revenue, customs, import and export
control laws, and to observe all such laws and regulations.
2.00 REGISTRATION
FEES AND CHARGES
2.01 All
fees and charges payable by the User under this agreement are exclusive
of any taxes which may be applicable and which shall be paid by
the User directly to the taxation authorities in the manner as prescribed
by law.
2.02 Without
prejudice to any of the other provisions of this agreement and to
any other rights and remedies which The Company may possess, the
User shall at all times be liable for and shall indemnify The Company
against all costs, charges and expenses (including legal costs on
a full indemnity basis) which The Company may sustain, incur, suffer
or pay in protecting or enforcing any rights under this agreement.
3.00
SYSTEM ACCESS AND USAGE
3.01 You shall not use any device, software or program
to interfere or attempt to interfere with the proper working of
The Web Site or any transaction being conducted through The Web
Site, nor shall you intentionally create any circumstances whereby
other Users are affected in their access to and use of The Web Site.
3.02 You
agree to access The Service using your User Name and Password.
3.03 You
agree to take all measures as are necessary to protect your User
Name and Password and to prevent unauthorized use of your User Account
and publication of your User ID or Login Password.
3.04 You
shall notify The Company immediately upon you becoming aware of
any unauthorized use of your User Account or any other breach of
security, and you agree to co-operate with The Company in its investigations.
3.05 You
shall obtain the prior written approval from The Company if you
anticipate that using The Service for any activity would, or is
likely to, generate a change in traffic in excess of the your normal
usage and/or is likely to interfere with the use of The Service
by other Users.
3.06 You
agree not to use or permit any other person to use The Service for
any unlawful purposes.
3.07 You
agree not to disclose or share your User Name and Password with
any third parties for their access and use The Service.
4.00 INTELLECTUAL PROPERTY
RIGHTS
4.01 All
contents of The Web Site including, but not limited to the text,
graphics, sounds and links are the copyright of The Company. Although The Company authorizes you to view and access the
contents of The Web Site solely for your personal and non-commercial
use, you may not otherwise copy, download, distribute, display,
perform, adapt or publish in any manner, any of the contents of
The Web Site without prior written consent of The Company.
4.02 All
logos, symbols, graphic and names relating to The Company and its
products and services used on The Web Site are the intellectual
property rights held by The Company.
5.00
DISCLAIMER
5.01 The
Company makes no guarantee, endorsement, representation or warranty
of any kind, expressed, implied or statutory regarding The Web Site
and its operation, or the materials and information contained in
or referred to on each page therein, including content and material
provided by third parties such as Strategic Partners and Participating
Companies. No independent
due diligence or verification has been done by The Company of any
information relating to such third parties except as otherwise expressly
stated in the particulars relating to such third parties which have
been listed on The Web Site. The Web Site and its available contents
and information are provided on an "As Is" and "As
Available" basis. You acknowledge and agree that your
use of The Service and your subsequent investment in any company
or entity accessed through The Service is at your sole risk.
5.02 The
Company gives no guarantee, representation or warranty in respect
of any accuracy, quality, completeness, timeliness, merchantability,
fitness for a particular purpose, non-infringement or title of any
software, communications, transmissions, information, data or service
provided pursuant to The Web Site.
5.03 The
Company makes no representation or warranty of any kind, express,
implied or statutory that The Service provided in The Web Site are
of good title, correspond with description, merchantable, and of
satisfactory fitness or quality for any particular purpose.
nor is The Company under any obligation to provide any walk-in,
house call, back-up or technical support or any other post-sale
service.
5.04 Any
condition or warranty which may be implied or incorporated within
this agreement by reason of statute or common law or otherwise (including
warranties as to description, merchantability, suitability, satisfactory
quality and fitness for purpose) is hereby expressly excluded.
5.05 The
Company accepts no liability and will not be liable for any loss
or damage arising directly or indirectly (including special, incidental
or consequential loss or damage) from your use of The Web Site,
howsoever arising, and including any loss, damage or expense arising
from, but not limited to, any defect, error, imperfection, fault,
mistake or inaccuracy in, of or on the part of (as is applicable)
The Web Site or its contents, or due to any unavailability of The
Web Site or any part thereof or any contents or associated services.
5.06 Any
software downloaded from The Web Site is at your own risk and The
Company neither assumes not accepts liability for any loss or damage,
(whether direct of indirect), howsoever caused, as a result of any
computer viruses, trojan horses, worms, software bombs or similar
items or processes arising from your use of The Web Site.
5.07 Any
hyperlinks from The Web Site to external web sites exist for information
purposes and are for your convenience only and The Company makes
no endorsement of any such hyperlinks to external web sites and
their accompanying information, data, products, services and materials. The Company accepts no liability for any loss or damage arising
directly or indirectly (including consequential loss) from the accuracy
or otherwise of materials or information contained on the pages
of such web sites or loss arising directly or indirectly from defects
with such web sites
5.08 The
Company does not guarantee that any e-mails sent from The Web Site
will be received by you or received by The Company if sent by you
nor does The Company warrant the privacy and/or security of e-mails
during internet transmission.
5.09 You
hereby acknowledge and agree that The Service, the information,
opinions and data (including third party research materials) provided
on The Web Site is provided for your information and solely for
your convenience only and is not intended for trading purposes.
Any views expressed or purported to be expressed by any person
other than The Company are not to be construed as endorsed or approved
by The Company. While
the information on The Web Site has been obtained from sources believed
to be reliable, none of the information nor any of the recommendations
(if any) have been specifically customized for any specific person,
and you are advised to seek independent advice to confirm any information
or recommendation contained on The Web Site.
6.00
USE AND DISCLOSURE OF PERSONAL INFORMATION
6.01 Unless
restricted by applicable law, you agree that any and all personal
information/data relating to you and collected by The Company from
The Web Site from time to time, may be used and disclosed for such
purposes and to such persons as may be in accordance with The Company's
Data Protection and Privacy Policy as stated herein.
6.02 In
respect to any information or materials which you submit to The
Company using The Web Site, you hereby grant to The Company a license
to use such information or materials for any purpose it deems necessary
including, without limitation, the copying, transmission, distribution
and publication thereof, unless restricted by applicable law.
The Company shall be entitled to make use of, to publish
and to make available, in any way, any demographic and statistical
data it collated from any person's usage of The Web Site.
6.03 You
agree that The Company shall not be under any obligation of confidentiality
to you regarding any such information or materials submitted to
it using The Web Site unless agreed otherwise in a separate direct
contract between you and The Company or as required by law.
7.00 DATA PROTECTION AND PRIVACY POLICY
7.01 This
Data Protection and Privacy Policy relates solely to information
supplied by you on or as a result of The Web Site. The Company respects the privacy of
your personal information.
Any personal information provided by you to The Company through
The Web Site will be used for the purpose of providing you with
The Service you have requested directly on The Web Site, to update
and enhance The Company records and to advise you of other products,
services or news which may be of interest to you.
This Data Protection and Privacy Policy will not alter of
affect any information otherwise provided by you to The Company.
7.02 The
information which you are requested to provide on The Web Site may
be transferred within The Company, which may include transfer to
other parts of The Company in different jurisdictions, and by using
The Web Site you consent to such transfer.
In providing your telephone and facsimile numbers you are
agreeing that The Company, its Strategic Partners and Participating
Companies may contact you by telephone or facsimile. Other than those individuals and entities
herein mentioned, your information will not be revealed by The Company
to any external body, unless The Company has your permission or
is under either a legal obligation or any other duty to do so.
The information provided by you through The Web Site may
be disclosed by The Company to: regulators, lawyers, accountants,
auditors, third party service providers, any agent acting on The
Company's behalf, The Company's Strategic Partners and Participating
Companies.
7.03 The
information collected from you by The Company will be valuable in
improving the design and marketing of The Company services and products
for customer use. The
Company wishes to assure you that your private information will
be treated as confidential and with high standards of security.
The use of your information will be kept to the minimum required
in order for The Company to continually monitor and improve its
services to its customers and keeping you informed about The Company
products, services and other opportunities within The Company.
7.04 The
Company pledges its intention to meet fully internationally recognized
standards of personal data privacy protection and to comply with
the requirements of applicable data protection/privacy laws. In doing so, The Company will ensure
compliance by its staff with the strictest standards of security
and confidentiality. However, it is your responsibility
to maintain the secrecy of your User Name and Password.
7.05 Data
provided by you is retained as long as the purpose for which the
data was collected continues. Data is then destroyed unless its
retention is required to satisfy legal, regulatory or accounting
requirements or to protect The Company's interest.
As a general rule, the maximum retention period is 7 years.
7.06 In
order to improve The Company's services, The Company will occasionally
use a "cookie". A cookie is a small amount of data
that The Company's web server sends to your web browser when you
visit certain parts of The Web Site and the use of which is intended
to assist The Company's understanding of your interest in The Web
Site.
7.07 The
Company reserves to right to amend its prevailing Data Protection
and Privacy Policy at any time and will place any such amendments
on The Web Site. This
Data Protection and Privacy Policy is not intended to, not does
it, create and contractual rights whatsoever or any other legal
rights, not does it create any obligations on The Company in respect
to any other party or on behalf of any party.
8.00
INDEMNITY
8.01 Without
prejudice to the other provisions of this agreement and to any other
rights and remedies which The Company possess, you hereby agree
to indemnify and hold The Company harmless at all times against
all loss which The Company may sustain, incur, suffer or pay arising
out of, in connection with or pursuant to your access to and/or
your use of The Service or The Web Site, whether or not such access
or use was authorized or whether it was due to any act or omission
on your part.
9.00 TERMINATION,
SUSPENSION AND MODIFICATION
9.01 The Company reserves the right to terminate this
agreement, and terminate or suspend your access to and use of The
Web Site at any time, without liability and for whatsoever reason
or cause, without notice.
9.02 The
company reserves the right in its sole discretion to change without
prior warning or notice any information or material contained on
The Web Site and the Terms and Conditions under which The Web Site
is used, including, without prejudice to the generality of the above,
revisions, amendments, alteration of prices, withdrawals and discontinuations
of any part of The Service at any time.
10.00 FORCE MAJEURE
10.01
The Company shall not have any
liability for any delay or default in its operation of The Web Site
under this agreement caused by circumstances beyond its control
including but not restricted to acts of God, acts of the public,
enemy, decrees or restraints by government authorities, telecommunications,
computer or utilities failure, strikes, war, riots, insurrections,
civil commotion and other causes of such event, be relieved of any
such obligation under this agreement as is affected by the said
event. Provided that
the provisions of this agreement shall remain in force with regard
to all other obligations under this agreement, which are not affected
by such event. And provided further that the parties
shall resume their full obligations under this agreement upon the
cessation of such event.
11.00 JURISDICTION
AND RESTRICTIONS
11.01
The Company controls and maintains
The Web Site from Malaysia and The Company makes no representation
that the material and information contained herein is appropriate
or available for use in other locations or jurisdictions
11.02
The Terms and Conditions of this agreement are governed by
the laws of Malaysia and any dispute shall be subject to the exclusive
jurisdiction of the courts of Malaysia.
11.03
The Company reserves the right to amend the Terms and Conditions
of this agreement at any time, and the amended Terms and Conditions
will be posted on The Web Site.
Use of The Service after any of these amendments have been
posted will constitute your acceptance of the amended Terms and
Conditions of this agreement.
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