TERMS AND CONDITIONS FOR USE OF ONLINE SMS SERVICE

Please read these Terms and Conditions carefully before using the Online SMS (“Service”). The Service is provided by Tuitionmall.com. By using the Service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you shall not use the Service. Tuitionmall.com may modify these terms and conditions at any time. Such modifications shall be effective immediately upon posting of the modified terms and conditions on Terms and Conditions , which you agree to review periodically in order to keep yourself informed of any modifications and your continued use of the Service in such an event shall be deemed acceptance by you of the modified terms and conditions.

The Service is a classified advertisements service designed to allow users to post, view, manage and search advertisements, through a combination of our World Wide Web site Tuitionmall.com and Short Message Service (SMS) provided by most mobile network providers in Malaysia. The advertisements may be in the form of text, graphics, links, animations, photos, and other material and data from time to time permitted by Tuitionmall.com (collectively, "Contents") formatted, organized and collected in a variety of forms that are generally accessible to users, including directories and databases.

The Service is provided for your personal use only and you may not resell or make use of it for commercial purpose.

You agree to use the Service only for lawful purposes. You are solely responsible for the full compliance with any and all laws, statutes, rules and regulations, pertaining to (i) your use of the Service, and (ii) the use of any telecommunication networks or other services connected to the Service.

When registering for the Service or in the use thereof, you shall NOT provide any information or Contents that:- (a) is false, inaccurate or misleading; (b) is fraudulent or involve the sale of counterfeit or stolen items; (c) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) is defamatory, libellous, unlawfully threatening or unlawfully harassing; (f) is obscene or contain pornography; (g) contains any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) creates liability for Tuitionmall.com or cause Tuitionmall.com to lose (in whole or in part) the services of its ISPs or other suppliers.

You recognize that Tuitionmall.com cannot determine in advance the accuracy or compliance with these Terms and Conditions of any Contents. Tuitionmall.com is not responsible for screening, policing, editing, reviewing or monitoring any Contents and does not intend to do so. Notwithstanding the above, Tuitionmall.com reserves the right to monitor, from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service, or to protect itself or other users of the Service. Tuitionmall.com reserves the right to prohibit conduct, communication or Contents, or to edit, refuse to post, or to remove any Contents, in whole or in part, which it may in its sole discretion deem to (i) violate the prevailing provisions of these Terms and Conditions or any other standard, written policy of Tuitionmall.com in effect for the time being, (ii) be harmful to the rights of any other user of the Service, Tuitionmall.com, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.

You acknowledge that the Contents are generally provided by Tuitionmall.com and/or other third parties including other users of the Service. You acknowledge that the Contents are or may be protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided herein, your use of the Contents shall be governed by applicable copyright and other intellectual property laws. You acknowledge that Tuitionmall.com owns a copyright in the "look and feel," i.e., the selection, coordination, arrangement and presentation of such Contents.

You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit the Contents, in whole or in part, provided, however, that you may (i) make a reasonable number of copies to permit your computer hardware and software and/or your mobile phone to access and view the Contents, (ii) print one copy of each piece of the Contents, (iii) make and distribute a reasonable number of copies of the Contents, in whole or in part, in hard copy or electronic form for personal use only. Any permitted copies of the Contents must reproduce in an unmodified form any notices contained in the Contents, such as all Intellectual Property Right notices, and an original source attribution to Tuitionmall.com and its URL address. You acknowledge that Tuitionmall.com, and/or other users of the Service remain the owners of the Contents and that you do not acquire any Intellectual Property Rights by downloading or printing the Contents.

You may transmit, post, publish, reproduce or distribute, on or through the Service only Contents that are not subject to any Intellectual Property Rights of the others, or Contents in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on the Service, without restriction whatsoever. Any Contents submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Contents to the Service, you automatically grant and/or warrant that the owner of such Contents, whether it be you or a third party, has expressly granted to Tuitionmall.com the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Contents, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Contents. You also permit Tuitionmall.com to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Contents. You also permit any user of the Service to access, view, store and reproduce the Contents for personal use.

When registering for the Service, you will be required to furnish your preferred username and password. The password shall not be disclosed to any persons and should be changed on a regular basis to prevent unauthorised access to your account. You are solely responsible for the security of your username and password. Tuitionmall.com shall not be responsible for any unauthorised use of your account (including any SMS charges that might be made to your mobile phones arising from such unauthorised use).

You agree that any use of the Service which can be traced to your username and password, or your mobile phone number shall be deemed as having been carried out by yourself and are legally binding on you, and you agree to indemnify and keep Tuitionmall.com indemnified against any liabilities, damage, claim, proceedings, costs, expenses that may be brought by other users of the Service arising there from.

You need to use your own hardware, software, telephone, mobile phones or other communication equipment and/or service to access the Service, and all charges, including telephone charges, Internet connection charges and other fees or charges incurred or payable in respect thereof are to be borne by you absolutely.

In order to use the Service, you are required to furnish the number of your mobile phone. You warrant that the number you furnish is validly registered in your name with the relevant mobile network providers, or that you are the legal user of the number in the event that the number is one in respect of which payments have been made in advance of use (pre-paid). You agree to be fully responsible for all charges incurred for the use of the Service made through the said number. You shall immediately inform Tuitionmall.com in writing in the event you cease to be the registrant of the mobile phone number.

Tuitionmall.com imposes a small administrative and processing charge for delivering the Service to your mobile phone through SMS. The charges will be added to your next phone bill or deducted from your pre-paid account, as appropriate. The SMS price range from RM 0.30-10.00. In addition, each SMS request that originates from your mobile phone will be subject to the usual charges levied by your mobile network providers. Tuitionmall.com keeps a log of all SMS activities and requests which are deemed correct and valid save for manifest errors. Because Tuitionmall.com cannot guarantee delivery of the SMS messages to recipients, Tuitionmall.com does not refund for undeliverable SMS messages.

You accept that the Service is provided on an “as is, as available” basis. Any condition or warranty which may be implied or incorporated within these Terms and Conditions by reason of statute or common law or otherwise (including warranties as to merchantability, suitability, satisfactory quality and fitness for purpose) is hereby expressly excluded. In particular, Tuitionmall.com does not give any warranty in respect of the availability or performance of the Service or the timeliness, accuracy or completeness of any information provided on the Service.

You acknowledge that the Service is delivered via major telecommunications and mobile network providers and Tuitionmall.com can therefore only influence the delivery of the Service within the technical constraints imposed by the abovementioned providers.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, Tuitionmall.com FOR ITSELF AND ON BEHALF OF ITS RELATED COMPANIES WITHIN THE MEANING OF S.6 OF THE COMPANIES ACT, 1965, THEIR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE.

Without prejudice to the foregoing, Tuitionmall.com, its related companies within the meaning of s.6 of the Companies Act, 1965, their respective officers, employees, agents, suppliers, and licensors shall not be liable to you for any cost, claim, liability, expense, demand or damages whatsoever (including any loss of profits, lost savings, direct, indirect, special, incidental or punitive losses or consequential damages) arising out of: (a) your use or inability to use the Service or any part thereof; (b) any error, omission or inaccuracy with respect to any information obtained by virtue of the Service; (c) the inaccuracies, delays, omissions, non-deliveries, misdeliveries of information caused by any human/mechanical/electrical fault, omission, breach of contract, negligence or otherwise.

Without prejudice to any of the other provisions of these Terms and Conditions and to any other rights and remedies which Tuitionmall.com may have at law, you shall indemnify and hold Tuitionmall.com, its related companies within the meaning of s.6 of the Companies Act, 1965, their respective officers, employees, agents, suppliers, and licensors harmless at all times against all actions, proceedings, costs, claims, expenses (including legal costs on a full indemnity basis), demands, liabilities, losses (whether direct, indirect or consequential) and damages (whether in tort, contract or otherwise) whatsoever (including claims made by third parties and claims for defamation, infringement of intellectual property rights, death, bodily injury, wrongful use of computers, unauthorised or illegal access to computers (including hacking), property damage or pecuniary losses howsoever arising, which Tuitionmall.com, its related companies within the meaning of s.6 of the Companies Act, 1965, their respective officers, employees, agents, suppliers and licensors may sustain, incur, suffer or pay arising out of, in connection with or pursuant to the these Terms and Conditions or the use of the Service whether authorised or not or any act or omission on your part.

Tuitionmall.com may disclose your personal information to third parties if it believes in good faith that such disclosure is necessary: (a) to comply with the law or in response to a subpoena, court order, government request, or other legal process; (b) to protect its interests, rights, safety, or property; (c) to enforce any of the provisions of these Terms and Conditions; (d) to provide you with the services or products requested by you and to perform other activities related to such services and products, including billing and collection; or (e) to operate its systems properly. Tuitionmall.com may also share your personal information with a sponsor or other third party (including without limitation, its related companies within the meaning of s.6 of the Companies Act, 1965) that is interested in serving you.

Usage data is recorded for the necessary purposes of maintaining the Service. You therefore agree that all data pertaining to your use of the Service may be recorded by Tuitionmall.com.

These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and all disputes arising in any way out of or affecting these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Malaysia, to which the parties agree to submit.

The Service is intended for use only in Malaysia. Therefore those who choose to access the Service from locations outside Malaysia do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

If you are dissatisfied with any policies, guidelines, or practices of Tuitionmall.com in operating the Service, you shall discontinue accessing the Service immediately. Tuitionmall.com may terminate or temporarily suspend your access to all or any part of the Service, without notice, for conduct that Tuitionmall.com believes is a violation of these Terms and Conditions or any policies or guidelines posted by Tuitionmall.com, or for other conduct which Tuitionmall.com believes, in its sole discretion, is harmful to the Service or other users of the Service. Tuitionmall.com may discontinue operating the Service without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access the Service, and the restrictions imposed on you with respect to Contents downloaded from the Service, as well as the disclaimers and limitations of liabilities set forth in these Terms and Conditions, shall survive.