Automation Valley Malaysia (“AVM”) is a global automation event founded by the Malaysian- German Chamber of Commerce and Industry (Company No. 171131-U) (“MGCC”), a guarantee limited and non-profit company that has been established as an official bilateral- relations chamber of the German Economy to Malaysia in partnership with Digital Penang Sdn. Bhd. (Company No. 1115284-A), a government-linked company of the Penang State Government (“DP”).
Please read these terms carefully before accessing and/or using our mobile and web applications, website, content and any of our products and matters (“matter” or “matters”, whichever is applicable) as they contain the necessary legal information about one’s rights, obligations, disclaimers and remedies for them and any or all AVM physical, hybrid and/or online event, shows, activity, posting and/or promotion (“activity” or “activities”, whichever is applicable). Whether you are a MGCC or DP member, AVM registrant and client, fellow, member, multiplicator, endorser and/or user (“user” or “users”, whichever is applicable), you are bound to and by these terms nevertheless upon accessing and/or using our matters. MGCC and DP terms and conditions shall also apply.
This means that you affirm your understanding and acceptance of these terms and are within full capacity to enter into transaction with AVM, DP and MGCC for our matters.
Supplemental terms that may or may not appear in these terms shall apply to you on certain matters, such as policies for a particular activity, and such supplemental terms will be disclosed to you upon your request in connection with the applicable matters. These supplemental terms are in addition to, and shall be deemed a part of, the terms for the purposes of the applicable matters. Further, these supplemental terms shall prevail over these terms with you in the event of a conflict or dispute with respect to the applicable matters.
MGCC may amend the terms related to our matters from time to time. Amendments will be effective upon MGCC’s posting of such updated terms at this location or the amended policies or supplemental terms on the applicable matter. Your continued access or use of our matters after such posting constitutes your consent to be bound by the terms, as amended.
MGCC may provide any necessary information (including your contact information) to a claims-processor, adjustor, assessor, advisor and/or insurer if there is a complaint, dispute or conflict and such information or data is necessary to resolve the complaint, dispute or conflict.
To operate our matters, a technology platform was developed by MGCC and DP that enables users of AVM’s mobile and web applications or websites provided as part of our matters (each, an “application”) to arrange, coordinate, organize, manage and schedule activities and matters with independent contractors and third-party providers, including independent government and private agencies under agreement with AVM, MGCC and DP or certain of their affiliates (“third-party providers”). Unless otherwise agreed by MGCC in a separate written agreement with you, our matters are made available solely for your personal and non-commercial use and that the third-party providers supplied to you by AVM, MGCC and DP are merely independent contractors unless otherwise informed to you in advance. You acknowledge that AVM, MGCC and DP does not provide matters or function that is engineering, medical, legal, accounting or professionally-expertise to that extent and that all such matters are provided by independent third-party contractors who are not employed by AVM, MGCC and DP or any of its affiliates.
Subject to your compliance with these terms, MGCC grants you a limited, non-exclusive, non- sub-licensable, revocable, non-transferrable license to:
(i) access and use the applications on your personal IT and mobile device solely in connection with your use of our matters; and
(ii) access and use any content, information and related materials that may be made available through our matters, in each case solely for your personal, noncommercial use which may be terminated by MGCC or MGCC at any time upon breach of any terms of this Agreement.
Any rights not expressly granted herein are absolutely reserved by MGCC.
Provision of our matters
You acknowledge that portions of our matters may be made available under AVM, DP and MGCC’s various brands, platforms, social media or request options associated with automation or matters associated with the company and brand. You also acknowledge that our matters may be made available under such brands or request options by or in connection with:
(i) certain of AVM, DP and MGCC’s subsidiaries and affiliates; or
(ii) independent third-party providers, including event-management and automation company service providers.
Third-Party Matters and Content
Our matters may be made available or accessed in connection with third-party matters and content (including advertising) that AVM, DP and MGCC does not control.
AVM, DP and MGCC does not endorse such third-party matters and content and therefore in no event shall AVM, DP and MGCC be legally accountable, responsible and liable for any products or matters of such third-party providers. Additionally, the Malaysian government and global brands like Apple Inc., Google, Inc., Microsoft Corporation and/or their applicable international subsidiaries and affiliates may be third-party beneficiaries to this Agreement if you access our matters using applications developed for Apple Ios, Android, Microsoft Windows, or Blackberry-powered technology and mobile devices, respectively. However, these third-party beneficiaries are not parties to these terms and are not responsible for the provision or support of our matters in any manner.
Your access to and use of our matters using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.
Our matters, intellectual property and all rights therein are and shall remain MGCC’s property and/or the property of MGCC’s licensors. Neither these terms nor your access and use of our matters convey or grant to you any rights:
(i) in or related to our matters except for the limited license granted above; or
(ii) to use or reference in any manner and at any time, AVM, DP and MGCC’s company names, logos, product and service names, patent, trademarks or matters marks or those of MGCC’s licensors.
MGCC is absolutely entitled to take any necessary action against you to protect its ownership of any or all of our matters and intellectual property connected with AVM.
AVM User accounts
In order to use most aspects of our matters, you must register for and maintain your own user account (“account”).
To be eligible, you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an account. Account registration requires you to submit to MGCC certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner).
You agree to maintain accurate, complete, and up-to-date information in your account and not to provide information that is fake, misleading, misrepresenting, negligible or inaccurate. Your misrepresentation and failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access and use our matters or MGCC’s termination of these terms with you and take any action against to recover any payments left unpaid by you for our matters. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your account username and password at all times.
Unless otherwise permitted by MGCC in writing, you may only possess one account. MGCC is absolutely entitled to terminate and close your account at any time and in any manner and/or without notice to you if you commit an offence or crime, a breach of these terms, do not fulfil the user requirements and needful conduct in these terms.
User requirements and conduct
The matters are not available for use by persons under the age of 18 and not of full capacity.
You may not authorize third-parties, external representatives and/or agents to use your account, and you may not allow persons under the age of 18 to access and/or use AVM matters and matters from third-party providers unless they are accompanied by you. You may also not assign or otherwise transfer your account to any other person or entity unless you have MGCC’s prior authorization in writing.
Similiarly, you agree to comply with all applicable laws when using our matters, and you may only use our matters for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of our matters, cause nuisance, annoyance, inconvenience, or property damage, whether to AVM, DP, MGCC, a third-party provider, user, the public or any other party. In certain instances, you may be asked to provide proof of identity to access or use our matters, and you agree that you will accept any event if you are denied or terminated access to or use of our matters if you refuse to provide proof of identity.
By creating an account, you agree that AVM, DP, MGCC and/or our matters may send you informational direct message, text or whatsapp (“sms”) messages as part of the normal business operation of your use of our matters. You may opt-out of receiving sms messages from us at any time by emailing us that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving sms messages may impact your use of our matters.
Promotions and promotional codes
MGCC may, in MGCC’s sole discretion, create promotional codes that may be redeemed for an account credit, or other features or benefits related to AVM, our matters and/or a third-party provider’s matters, subject to any additional terms that MGCC establishes on a per promotional code basis (“promo codes”). You agree that promo codes:
(i) shall be used for the intended audience and purpose, and in a lawful manner;
(ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by MGCC;
(iii) may be disabled by MGCC at any time for any reason without liability to MGCC;
(iv) may only be used pursuant to the specific terms that MGCC establishes for such promo code;
(v) are not valid for cash; and
(vi) may expire prior to your use of our matters.
MGCC reserves the right to withhold or deduct credits or other features or benefits obtained through the use of promo codes by you or any other user in the event that MGCC determines or believes that the use or redemption of the promo code was in error, fraudulent, illegal, or in violation of the applicable promo code terms or these terms.
AVM, DP and/or MGCC may, in our sole discretion, create a cookie or cookies to track all users’ activity across AVM sites or our matters so we can better target ads and provide a more personalized user experience. Cookies from third-party providers may occur from time to time with content like embedded videos, ads, web banners and scripts as part of your user experience.
A cookie is a piece of data from a website that is stored within a web browser that our matters can retrieve at a later time. Cookies are used to tell the server of AVM, DP and MGCC that you have returned to a particular website. When this occurs, a cookie provides information and allows the site to display selected settings and targeted content.
Cookies also store information such as shopping cart contents, registration or login credentials, and user preferences. This is done so that when users revisit sites, any information that was provided in a previous session or any set preferences can be easily retrieved.
You agree to not create, upload or otherwise make available to AVM, DP and MGCC through our matters any cookies of your own device. In any event that a cookie or cookies has been found created by you on our matters, they shall be deemed unlawful, inappropriate or misleading of the brand of AVM, DP and MGCC, you allow MGCC to remove you immediately without notice to you. Further, you allow MGCC to take the necessary action against you to repair any harm, damage or loss occurring from your cookie or cookies, including reporting you to the authorities.
User Provided Content
MGCC may, in MGCC’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to AVM, DP and MGCC through our matters textual, audio, and/or visual content and information, including commentary and feedback related to our matters, initiation of support requests, posts and submission of entries for competitions and promotions (“user content”). Any user content provided by you remains your property. However, by providing user content to AVM, DP and MGCC, you grant MGCC a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such user content in all formats and distribution channels now known or hereafter devised (including in connection with our matters and MGCC’s business and on third-party sites and matters), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that:
(i) you either are the original author, sole and exclusive owner of all user content in your account and you have all rights, licenses, consents and releases necessary to grant AVM, DP and MGCC the license to the user content as set forth above; and
(ii) neither the user content nor your submission, uploading, publishing or otherwise making available of such user content nor MGCC’s use of the user content as permitted herein will infringe, misappropriate or violate a third- party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide user content that is defamatory, criminal, seditious, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by MGCC in its sole discretion, whether or not such material may be protected by law. MGCC may, but shall not be obligated to, review, monitor, or remove user content, at MGCC’s sole discretion and at any time and for any reason, without notice to you. In any event that such user content or post posted by you is deemed inappropriate or misleading of the brand of AVM, DP and MGCC, you allow MGCC to remove you immediately without notice to you.
Network access and devices
You are responsible for obtaining the data network access necessary to access and/or use our matters. Your mobile network’s data and messaging rates and fees may apply if you access or access and/or use our matters from a wireless-enabled device and you shall be responsible for such rates and fees. You are also responsible for acquiring and updating compatible hardware or devices necessary to access and use our matters and applications and any updates thereto. MGCC does not guarantee that our matters, or any portion thereof, will function on any particular hardware or devices. In addition, our matters may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
The registration of our matters is free of charge.
MGCC reserves the right to introduce a fee for the use of any or all of our matters. If such a fee is introduced, AVM, DP and/or MGCC shall inform you accordingly and allow you to either continue or discontinue your use.
The rates, charges and/or fees that apply for the use of any or all of our matters, including that of third-party providers can be found on the AVM website and through any of our device and mobile application. These may be modified or updated by AVM, DP and/or MGCC from time to time. It is your own responsibility to remain informed about the current rates, charges and/or fees for our matters.
AVM, DP and/or MGCC may charge you for products and/or services purchased by and provided to you by a third- party provider on their behalf.
You agree that you will pay for products and/or services that you purchase from such third- party providers, and that AVM, DP and/or MGCC may charge your online, debit or credit card account as provided by you when registering for our matters for AVM (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing AVM, DP and/or MGCC with a valid online, debit or credit card account for payment of all fees at all times. Any or all payments made is or are non-refundable.
AVM, DP and/or MGCC may use a third-party payment processor (the “Payment Processor”) to link your online, debit or credit card account to our matters. The processing of transactions, payments or credits, as applicable, in connection with your access and/or use of our matters will also be subject to the terms, conditions and privacy policies of the Payment Processor and your online, debit or credit card issuer in addition to these terms and our privacy policies. AVM, DP and/or MGCC is not responsible for any errors by the Payment Processor. In connection with your access and/or use of our matters, AVM, DP and/or MGCC will obtain certain transaction details, which AVM, DP and/or MGCC will use solely in accordance with its privacy policies and these terms.
AVM, DP, MGCC and their owners do not warrant to offer engineering, medical, legal, accounting or professionally-expertise to that extent in A VM. As an event and service company facilitating our matters between AVM, DP, MGCC and its third-party suppliers vide its designated mobile and web applications or website, A VM is not a professional advisor or offers itself as one. Our matters are provided “as is” and “as available.”
AVM, DP and MGCC disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, AVM, DP,
and MGCC makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of our matters or any matters, services or goods requested through the access and use of our matters, or that our matters will be uninterrupted or error-free. AVM, DP and MGCC do not guarantee the quality, suitability, safety or ability of third-party providers.
You agree that the entire risk arising out of your access and use of our matters, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
Limitation of Liability
AVM is not a company and AVM, DP and MGCC’s owners, managers, officers, representatives and employees shall not be liable to you, your belongings or your representatives for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of our matters, even if AVM, DP and MGCC have been advised of the possibility of such damages. Additionally, AVM, DP and MGCC shall not be liable for any damages, liability or losses arising out of:
(i) your use of or reliance on our matters or your inability to access or use our matters;
(ii) any transaction or relationship between you and any third-party provider, even if AVM, DP and MGCC has been advised of the possibility of such damages;
(iii) representation, care, statements, omissions and actions of the private nurses, care givers, assistants and associated representatives supplied by AVM, DP and MGCC in the response of any of your request for its matters. AVM, DP and MGCC shall also not be liable for the delay, misrepresentation or failure in performance resulting from causes beyond AVM, DP and MGCC’s reasonable control or inaccurate or negligent instructions and communication passed to MGCC.
In any event if AVM, DP and/or MGCC agrees to assume any responsibility to you in connection with our matters for any damages, losses and causes of action, you agree that the responsibility shall not exceed the sum of one hundred Malaysian Ringgit (RM100.00) throughout the entire access or use of our matters and/or your account.
While our matters may be used by you to request and schedule activities with AVM, DP and/or MGCC and/or its third-party providers, but you agree that AVM, DP, MGCC and its third- party providers has no responsibility or liability to you whatsoever related to matters arranged or provided to you other than as expressly set forth in these terms.
You agree to indemnify and hold AVM, DP and MGCC and its officers, directors, employees, representatives and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including solicitors’ fees) arising out of or in connection with:
(i) your access and use of our matters, services and/or goods obtained;
(ii) your breach or violation of any of these terms;
(iii) your breach or violation of any of the terms and policies of AVM, DP and MGCC and its binding partners and/or agencies;
(iv) your account and/or user content;
(v) your violation of the rights of AVM, DP and MGCC and any third-party, including third-party providers;
(vi) your misappropriation, passing off and/or any unlawful, criminal, civil and/or defamatory harm you cause to AVM, DP and MGCC, its brand and intellectual properties, its representatives, assets, products and its business partners; and/or, in the alternative:
misrepresent the source of anything you post, including impersonation of another individual or entity of any false or inaccurate biographical information of AVM, DP and MGCC or for any user or related representative, provide or create links to external sites that violate these terms, is intended to harm or exploit any user in any way or is designed to solicit, or collect personally identifiable information of any user without his or her express consent;
invade a user’s privacy or the privacy of AVM, DP and MGCC by attempting to harvest, collect or otherwise utilize or publish any of their information without their knowledge and willing consent;
disseminate, publish or display falsehoods or misrepresentations that could damage AVM, DP and MGCC, user and/or any third-party;
(vii) pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally, or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence, encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law, promotes racism, hatred or physical harm of any kind against any group or individual, contains nudity, violence or inappropriate subject matter, or is otherwise inappropriate post that you place on the web which you attach to the name and brand of AVM, DP and MGCC, its representatives and business partners.
You may not:
(i) remove any copyright, trademark or other proprietary notices from any portion of our matters;
(ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our matters except as expressly permitted by MGCC;
(iii) decompile, reverse engineer or disassemble our matters except as may be permitted by applicable law;
(iv) link to, mirror or frame any portion of our matters;
(v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of our matters or unduly burdening or hindering the operation and/or functionality of any aspect of our matters; or
(vi) attempt to gain unauthorized access to or impair any aspect of our matters or its related systems or networks
without suffering the full consequences of the law of Malaysia and any legal action AVM, DP and/or MGCC is able to take against you for harm, loss and damage suffered, whether intentionally or unintentionally.
MGCC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website or any part thereof with or without notice and in its sole discretion. You agree that AVM, DP and MGCC shall not be liable to you or to any third- party for any modification, suspension or discontinuance of our matters.
You hereby acknowledge and agree that MGCC in its sole and absolute discretion has the right but not the obligation to delete, terminate, or deactivate your account, block your email or IP address, cancel the website or otherwise terminate your access to or participation in the use of the website or any part thereof, or remove and discard any submitted content on the website immediately and without notice and for any reason which is may but is not obliged to disclose.
Upon termination of your account, your right to participate in the website in any way shall automatically terminate and the following shall occur:
(i) your account will be disabled and you may not be granted access to your account or any files or other data contained in your account. However, such residual data may remain in the MGCC system;
(ii) all licenses and related access granted to you will immediately terminate;
(iii) AVM, DP and MGCC shall not be liable to you or any third-party for any termination of your access and use to our matters. MGCC retains the right to use any data collected from your use of the website; and
(iv) all related licenses you have granted AVM, DP and MGCC hereunder shall remain in effect for the foregoing purpose. In no event is AVM, DP and MGCC is obligated to return any submitted content to you. All terms and conditions and rights in favour of AVM, DP and MGCC shall survive termination and remain in the full benefit of AVM, DP and MGCC;
(v) AVM, DP and MGCC shall be at liberty to report you to the authorities immediately and without notice to you for any posts, words, threats and/or actions which is or are considered in harm of the fear and safety of any or all users, AVM, DP and MGCC and its representatives, the Malaysian and/or German government and related trade partners.
You agree to indemnify and hold AVM, DP and MGCC, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third-party due to or arising out of the termination.
Except as otherwise set forth in these terms, these terms shall be exclusively governed by mediation, the courts of and construed in accordance with the laws of Malaysia.
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to our matters or these terms, including those relating to its validity, its construction or its enforceability (“dispute”) shall be first mandatorily be negotiated between the parties in a friendly manner with the aims to settle the dispute amicably. If such dispute has not been settled within thirty (30) days after a request for negotiation has been submitted by either party, the parties can refer the matter to their respective solicitors for assistance to resolve the same before a single agreed private mediator from the list of certified mediators empaneled with the Malaysian Mediation Centre in the mediation premises of the Bar Council Malaysian Mediation Centre in Kuala Lumpur, Malaysia. Any settlement or recorded agreement from this mediation shall be treated by the parties as legally enforceable once executed. In regards to the conduct of mediation, any party may choose to self-represent him or herself without a solicitor.
If mediation is not successful, the parties may finally refer the dispute before court for a binding decision.
Claims & Notice
AVM, DP and MGCC may give notice by means of a general notice on our matters, electronic mail to your email address in your account, or by written communication sent to your address as set forth in your account.
You may give notice or any claims by written communication to the address provided in the contact page of the website of AVM.
You may not assign or transfer these terms in whole or in part without MGCC’s prior written approval. You give your approval to MGCC for it to assign or transfer these terms in whole or in part, including to:
(i) AVM and DP;
(ii) a MGCC subsidiary or affiliate;
(iii) an acquirer of MGCC’s equity, business or assets; or
(iv) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, AVM, DP and MGCC or any third-party provider as a result of these terms, access and/or use of our matters.
If any provision of these terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these terms but the legality, validity and enforceability of the other provisions in these terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these terms. These terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.
In these terms, the words “including” and “include” mean “including, but not limited to.”