By Ng Chean Yeaw, Vice President of PEMANDU Associates Life as a consultant is a challenging, albeit rewarding one. Consultants are often put in a situation where they are expected to resolve issues and problem solve independently. More often than not,
These terms and conditions of use (the “Terms of Use”) apply to your access and use of the PEMANDU ASSOCIATES website located at www.pemandu.org, and all associated sites linked to www.pemandu.org (the “Site”). Please read these Terms of Use carefully.
BY ACCESSING THIS SITE AND ANY WEBPAGE HEREOF AND/OR USING THE CONTENTS, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT ANY OF THESE TERMS OF USE, PLEASE DISCONTINUE YOUR ACCESS TO THIS SITE OR ANY WEBPAGE HEREOF AND/OR USE OF THE CONTENTS PROVIDED HEREIN IMMEDIATELY.
This Site provides information, content, products and services that is owned exclusively or licensed to PEMANDU ASSOCIATES (collectively “Contents”), to you, subject to the following Terms of Use, which may be updated by us from time to time without notice to you.
ABOUT US
This Site is the official website of PEMANDU ASSOCIATES which is operated and managed by PEMANDU ASSOCIATES (“Pemandu Associates”, “we” or “us”). If you have any feedback or questions about this Site or any of our Content, please contact us in writing at [email protected].
PRIVACY
Please refer to our Privacy Policy for details about what information we collect, the purpose of such collection, disclosure and protection of such information.
USE OF THIS SITE
You agree to use this Site in accordance with these Terms of Use for lawful and proper purposes. You agree to be responsible for all matters arising from your use of this Site and you further agree to the following:-
1. Not to use this Site or any Contents herein in any manner which breaches any applicable law or regulations or causes or which may cause an infringement of any third party rights;
2. Not to obtain or attempt to obtain unauthorized access, via whatever means, to any portion or feature of the Site, or any other systems or networks linked to the Site or to any Pemandu Associates’s server, or to any of the Contents offered on or through the Site;
3. Not to use or attempt to use any “deep-link”, “robot”, “spider” or other automatic device, program or any similar or equivalent manual process, to access, acquire, copy, reproduce or monitor any portion of the Site or any Content;
4. Not to post, transmit or disseminate any information on or via this Site which may be defamatory, harmful, illegal, harassing, invasive of privacy or publicity rights, abusive, obscene or create liability on Pemandu Associates’s part;
5. Not to obstruct or attempt to obstruct the operation or functionality of this Site;
6. Not to forge headers or otherwise manipulate any identifying information in order to disguise and/or with the effect of disguising the origin of any message or transmittal you send to Pemandu Associates on or through the Site or any Contents offered on or through the Site;
7. Not to impersonate or falsely stating or otherwise misrepresenting your affiliation with any person or entity;
8. Not to infringe any intellectual property rights or other proprietary rights including, but not limited to, material protected by copyright, trademark, patent, trade secret or other intellectual property right used without proper authorization;
9. Not to use this Site or any information obtained from the Site to submit any unsolicited ideas, proposals, suggestions or materials of any nature whatsoever (“Unsolicited Materials”) to Pemandu Associates or its’ employees or anyone affiliated with Pemandu Associates via whatever means of communication.
If Pemandu Associates, at its sole discretion, believes that you are in breach, or will be in breach, of any of these Terms of Use, Pemandu Associates reserves the right to deny your access to this Site without the need of providing you with a reason and/or without further reference to you.
UNSOLICITED MATERIALS
Please note that if you send any Unsolicited Materials to us despite what is stated herein, Pemandu Associates shall be entitled to adapt, broadcast, copy, disclose, license, publish, sell, transmit and otherwise use such Unsolicited Materials for any and all commercial and/or non-commercial purposes; and you warrant that you have obtained all necessary licences and/or approvals in order to allow Pemandu Associates of such use.
REPRESENTATIONS
By using or continuing to access this Site, you represent that you have either:
1. Reached the age of “majority” where you live; or
2. Valid legal parental or guardian consent to be bound by the terms of these Terms of Use; or
3. Full capability and competent to enter into these Terms of Use, and to abide by and comply with it.
OWNERSHIP OF CONTENTS AND LICENSE TERMS
The Site and the Contents on the Site or available through our email services are protected by copyright, trade mark and other intellectual property rights and laws throughout the world. The Contents are owned by or are licensed to Pemandu Associates. Subject to your eligibility to use this Site, you are hereby granted a personal, non-exclusive, non-assignable and non-transferable license to use and display for your own personal and non-commercial use only, one copy of any Contents and/or software contained within this Site.
You acknowledge and agree that:
1. You may not sublicense, assign or otherwise transfer this license or the Contents and the title or license to the downloaded Contents will remained always with Pemandu Associates ; and
2. You will not alter, disassemble, decompile, reverse engineer or otherwise modify any of the Contents or remove any copyright, trade mark or other proprietary notices on the Contents.
AVAILABILITY OF CONTENTS
Generally, the Contents on this Site is provided free of charge. We make no guarantee that the Contents will be provided with no interruption or error free. We reserve the right to suspend or withdraw the whole or any part the Content on this Site at any time without notice and without incurring any liability to you.
ACCESS TO THE SITE AND CONTENTS
In order to access our Site and Contents, you must first have access to the internet, either directly or through devices that access web-based content, and must pay any internet service provider service fees associated with such access.
Certain features available through the Site, including certain live streaming audio, video or access to high-quality video, will only be available to you if your computer or mobile device meets the minimum technical requirements necessary to enable such services or Contents. As such you should be responsible to ensure that your computer meets the minimum technical requirements before you register to access or subscribe the Contents. From time to time, we may make changes to the Contents and the minimum technical requirements for access to the Contents may change.
Further to the above, access to certain Contents may be limited to residents of certain geographical territories, and Pemandu Associates reserves the right to modify such restriction.
INTELLECTUAL PROPERTY RIGHTS
This Site and the Contents (including, but not limited to text, photographs, graphics, video and audio content) herein are owned by Pemandu Associates and protected by copyright under © 2015 Pemandu Associates. No commercial reproduction, distribution or transmission of any part or parts of this Site or any Contents contained herein by any means whatsoever shall be permitted without prior written consent from Pemandu Associates.
All trademarks and service marks displayed in the Site are the property of Pemandu Associates, its subsidiaries, affiliates and where applicable, third party proprietors identified in the Site.
UNSUBSRCIPTION/ TERMINATION OF YOUR ACCESS TO THE SITE
You may unsubscribe your access on the Site, at any time and for any reason, by sending an email request to [email protected]. Pemandu Associates may terminate your use of and/or access on the Site; at any time and for any reason whatsoever, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
RISK
You are aware, at any time, your use of the Site may be adversely affected by problems with your computer (or such other access or electronic device such as smart phones, cellular phones), the internet and the cellular phone network, including, without limitation, interference to the network coverage, delay or undeliverable messages due to any reason such as heavy network traffic, service interruption or incorrect data transmission.
Pemandu Associates may contract with one or more third parties to provide maintain and host the products or services on the Site. Therefore, any information or any content which you transmit or submit to the Site may be placed and stored on a computer server maintained by a third party. You acknowledge and agree to have such information or content to pass through and be stored in servers outside our control. You further agree that Pemandu Associates shall not be liable or responsible for any such pass through or storage of the same.
You also agree to the collection, storage, communication and processing of any of your information by any means necessary for Pemandu Associates to release and transmit to, and the retention by such third party service providers and hosts of your information to enable your use of the Site.
You acknowledge that all transmissions (whether by email or otherwise) to and from this Site cannot be guaranteed to be completely secure or error-free and the same could arrive late, be intercepted, corrupted, lost, destroyed, or incomplete, or contain viruses and may not be received by the intended recipient. Consequently, you understand that you should not post transmit any private or confidential content information (whether belonging to yourself or the recipient’s) unless you want it to be available publicly. You are aware that the content transmitted by you may be subsequently forwarded to a third party by the recipient. You further understand that as we cannot control or prevent the transmission of your private or confidential content by a third party, we cannot be responsible or held liable for the same. Accordingly, we do not warrant the privacy and/or security of any transmissions (whether by email or otherwise) to and from the Site.
DISCLAIMER
The Contents in this Site are provided “as-is” and without warranties of any kind either express or implied. To the fullest extent permissible and subject to applicable law, Pemandu Associates its officers, directors, employees, and agents disclaims all representations or warranties of any kind whether express, implied or statutory (including but not limited to any warranties of title, non-infringement of third party rights, merchantability, satisfactory quality, fitness for a particular purpose and freedom from viruses, worms, trojan horses, software bombs and malicious, destructive or corrupting codes, agents, programs or macros and spyware or similar items or processes) is given in conjunction with the Site, or any information and materials contained or referred to on each page associated with the Site. No warranty is given that access to the same on the Site, or the Site as a whole will be provided uninterrupted or free from errors or that any identified defect will be corrected.
LIMITATION OF LIABILITY
Subject to applicable law, under no circumstances, including negligence, you understand and agree that your use of the Site is at your own risks and we shall not be responsible or liable to you for any expenses, losses, costs damages, personal injury, property damage, liabilities or other consequences of whatsoever nature (collectively “Losses”) suffered or incurred directly or indirectly by you, including without limitation, any Losses suffered or incurred directly or indirectly by you arising from or in connection with or caused by:
1. Any maintenance, breakdown, fault or non-availability of any part of the Site or any inability to access or use any part of the same; or
2. Any telecommunication problems, power supply problems, Internet or network related problems, problems with the services rendered by third party vendors or service providers; or
3. Any system, server or connection failure, error, omission, interruption, delay in transmission, or viruses (including but not limited to any difficulties experienced by your internet service provider(s), network provider(s) or telecommunications provider(s) or operator(s)); or
4. Any access or use of any part of the Site, or reliance on the contents of the same; or
5. Any defect, error, imperfection, fault, mistake or inaccuracy with the Site, its contents or associated services; or
6. Problems caused by any remedial or preventative measure which may be taken by us in the event of any occurrence of the foregoing; or
7. Any use of or access to any other website linked to the Site; or
8. Any services, products, information, data, software or other material obtained from the Site or from any other website linked to the Site; or
9. Any software downloaded from the Site;
even if we or our agents or employees are advised of the possibility of such Losses.
We shall not be liable for any indirect, special, economic or consequential damage or loss under these Terms of Use, whether or not we have been informed of such possibilities. The exclusions herein shall take effect to the fullest extent permitted by law.
INDEMNITY
You agree to defend, indemnify and hold harmless and keep us indemnified in full against all and any claims, actions, proceedings, loss, damage, costs (including legal costs on a full indemnity basis), expenses and liabilities of whatsoever nature and howsoever arising which may be brought against or suffered or incurred by us arising from or which is directly or indirectly related to:-
1. Your use of and/or access to the Site and/or any other person or entity's use of the Site where such person or entity was able to access and/or use the Site by using your user id and password (where applicable); or
2. Any breach or non-observance of any of these Terms of Use by you or by any other person or entity where such person or entity was able to access and/or use the Website by using your user id and password (where applicable); or
3. Your violation of any third party right, including without limitation any copyright, property, or privacy right.
This indemnity clause will survive these Terms of Use and your use of the Contents or Site.
HYPERLINKS
Any hyperlinks from the Site exist for information purposes and are for your convenience only. Pemandu Associates accepts no liability for any Losses arising directly or indirectly (including consequential loss) from the accuracy or otherwise of materials or information contained on the pages of such websites or loss arising directly or indirectly from defects with such websites. Our inclusion of hyperlinks does not imply any warranty, endorsement, guarantee or verification of the products or services on such websites and such websites should only be accessed at your own risks.
ASSIGNMENT
You may not transfer or assign these Terms of Use and all rights and licenses granted hereunder to another but Pemandu Associates may do so without restriction and notice.
APPLICABLE LAW AND JURISDICTION
We make no representation that the Site and/or Contents contained herein are appropriate or available for use in other locations or jurisdictions other than Malaysia. In the event that the laws of the jurisdiction you are in do not permit or impose restrictions on the access to the contents of the Site, you shall forthwith discontinue access or comply with such restrictions (as the case may be).
These Terms of Use shall be governed and construed in accordance with the laws of the Malaysia but in enforcing these Terms of Use, Pemandu Associates shall be at liberty to initiate and take actions or proceedings or otherwise against you in Malaysia or elsewhere as we may deem fit. You hereby agree that where any actions or proceedings are initiated and taken in Malaysia, you shall submit to the jurisdiction of the courts of Malaysia in all matters connected with your obligations and liabilities under or arising out of these Terms of Use.
These Terms of Use together with the Privacy Policy at and any other legal notices published by Pemandu Associates on the Contents or Site shall constitute the entire agreement between you and Pemandu Associates concerning the Contents.
WAIVER AIVER AND SEVERABILITY
No failure or delay by us in exercising or enforcing any right or option under these Terms of Use shall be considered as a waiver thereof or limit, prejudice or impair our right to take any action or to exercise any right as against you or render us responsible for any loss or damage arising therefrom.
If any one or more of the provisions in these Terms of Use are deemed invalid, unlawful or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions of these Terms of Use shall not in any way be affected or impaired.
VARIATION
Pemandu Associates reserves the right to change or amend these Terms of Use at any time and without notice. The new version will be posted on the Site and will take effect immediately upon posting. It is your responsibility to check and review these Terms of Use for any changes. Your use of the Site or Contents following any amendments or changes of these Terms of Use will indicates your agreement to be bound by the new Terms of Use.
We shall not be responsible or liable to you for any expense, loss, damage, liability or other consequence suffered by you or incurred by you in connection with any of the foregoing action.
Pemandu Associates is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, you can be assured that it will only be used in accordance with this privacy statement.
This Privacy Policy provides an explanation as to what happens to any personal data that you provide to us, or that we collect from you.
We may change this Privacy Policy from time to time by updating this page. Please read this Privacy Policy when using the Pemandu Associates Website. By accessing the Pemandu Associates Website, you are agreeing to the terms stated in this Privacy Policy as amended from time to time. We reserve the right to modify this Privacy Policy at any time without prior notice.
INFORMATION WE COLLECT
Details of your visits to the website www.pemandu.org (hereinafter referred to as (“the Pemandu Associates Website”) and the resources that you access, including, but not limited to, personal data, traffic data, statistical data, location data, weblogs and other communication data.
Information that you provide by filling in forms on the Pemandu Associates Website, such as when you sign up for our newsletter or register for information. Information provided to us when you communicate with us, in any manner, for any reason. Information obtained from you through our relationship with you or when you have engaged our services or entered into any contractual relationship with us.
USE OF COOKIES
On occasion, we may gather information to analyze statistical information regarding access to the Pemandu Associates Website to enhance our services. Such information will not identify you personally it is statistical data about our visitors and their use of our site. This statistical data does not identify any personal details whatsoever.
Similarly to the above, we may gather information about your general internet use by using a cookie file. A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
All computers have the ability to automatically accept or decline cookies. This can be done by activating the setting on your browser which determines how to deal with cookies. Please note that should you choose to decline cookies, you may be unable to access particular parts of the Pemandu Associates Website.
Any third parties whose website is linked to our website may also use cookies, over which we have no control. Such cookies (if used) would be downloaded once you click on advertisements on the Pemandu Associates Website.
USE OF YOUR INFORMATION
The information that we collect and store relating to you is primarily used to enable us to provide our services to you. In addition, we may use the information for the following purposes:
1. To provide you with information requested from us, relating to our products/programmes or services.
2. To provide information on other products/programmes which we feel may be of interest to you, where you have consented to receive such information.
3. To meet our contractual commitments to you and if necessary to enable us to enforce any rights granted to us in our contracts with you or as permitted under the law.
4. To notify you about any changes to the Pemandu Associates Website, such as improvements or service/product/programmes changes, that may affect our service.
5. If you are an existing customer, we may contact you with information about products/programmes and services similar to those which were the subject of a previous dealing with you. Further, we may use your data so that you can be provided with information about unrelated products/programmes and services which we consider may be of interest to you. We may contact you about these products/programmes and services by any of the methods that you consented at the time your information was collected.
6. If you are a new customer, we will only contact you when you have provided consent and only by those means you provided consent for.
7. If you do not want us to use your data you will have the opportunity to withhold your consent to this when you provide your details to us on the form on which we collect your data.
8. Please be advised that we do not reveal information about identifiable individuals to our advertisers but we may, on occasion, provide them with aggregate statistical information about our visitors.
9. In connection with any claims, actions or proceedings (including but not limited to drafting and reviewing documents, transaction documentation, obtaining legal advice, and facilitating dispute resolution), and/or protecting and enforcing our contractual and legal rights and obligations.
10. To comply with any applicable rules, laws and regulations, codes of practice or guidelines or to assist in law enforcement and investigations by relevant authorities.
11. To manage the administrative and business operations of the Companies and complying with internal policies and procedures. Other purpose relating to any of the above.
STORING YOUR PERSONAL DATA
Data that is provided to us is stored on our secure servers. Details relating to any transactions entered into on our site will be encrypted to ensure its safety.
The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and transmission of such data is therefore entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain parts of our site, you are responsible for keeping this password confidential.
DISCLOSING YOUR INFORMATION
Where applicable, we may disclose your personal information to any member of the Pemandu Associates group of companies (“Pemandu Associates Group”) including those that are situated outside of Malaysia. This includes, where applicable, our subsidiaries, our holding company and its other subsidiaries (if any).
We may also disclose your personal information to third parties:
1. Where we sell any or all of our business and/or our assets/shares to a third party.
2. Where we are legally required to disclose your information.
3. To assist fraud protection.
THIRD PARTY LINKS
You might find links to third party websites on the Pemandu Associates Website. These websites should have their own privacy policies which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.
ACCESS TO INFORMATION
Should you wish to receive details that we hold about you please contact us using the contact details below.
CONTACTING US
We welcome any queries, comments or requests you may have regarding this Privacy Policy. Please do not hesitate to contact us at [email protected].
YOUR CONSENT
By using this site, you consent to the collection and use of information as outlined above. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.