Effective May 1, 2019
These Terms of Service ("Terms") govern your access to and use of the services, websites, and applications offered by Pandai Inc. (the "Service"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. Please read these Terms carefully. If you do not agree to these Terms, please do not use the Service.
Any revisions to these Terms shall become effective on the date they are posted to pandai.org.
You may use the Service only if you can form a binding contract with Pandai, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You must provide us with accurate information, including your real name, when you create your account on Pandai.
We may, without prior notice, change the Service, stop providing the Service or features of the Service, to you or to users generally, or create usage limits for the Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.
"Content" means any information, text, graphics or other materials submitted, posted, displayed or otherwise made available on the Service by users. You retain ownership of all Content you submit, post, display, or otherwise make available on the Service.
By submitting, posting or displaying Content on or through the Service, you agree that all Content that you contribute is perpetually and irrevocably licensed to us under the Creative Commons Attribution Share Alike license. You grant us the worldwide, non-exclusive, perpetual, royalty-free, and irrevocable right and license to use, copy, cache, publish, reproduce, process, adapt, display, distribute, transmit, modify, create derivative works and store such Content and to allow others to do so in any medium now known or hereafter developed (“Content License”) in order to provide the Services, even if such Content has been contributed and subsequently removed by you. Your Content will be viewable by other users of the Service and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
By uploading Content to the site, you warrant, represent and agree that you have the right to grant Pandai the license described above. You also represent, warrant and agree that you will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people's private or personally identifiable information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Pandai reserves the right in its discretion to remove any Content from the Site, re-post any Content removed, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law, for any reason or for no reason at all.
Subject to these Terms, Pandai grants you a license to use the Content provided that, in the event you post or otherwise use Content outside of the Service, You agree that You will follow the attribution rules of the Creative Commons Attribution Share Alike license as follows: (a) you will ensure that any such use of Content visually displays or otherwise indicates the source of the Content as coming from Pandai; (b) you will ensure that any Internet use of Content includes a hyperlink directly to the Content on pandai.org; (c) You will ensure that any such use of Content visually displays or otherwise indicates the author(s) names; (d) you will ensure that there is an indication that the Content is licensed under the Creative Commons Attribution Share Alike license, and that the Content is accompanied by a hyperlink to the Creative Commons Attribution Share Alike license. Further, if you modified the Content, you must indicate that you did so. It is your responsibility to review the terms and conditions of the Creative Commons Attribution Share Alike license. Also, we ask that you make a reasonable effort to update a particular piece of Content to the latest version on Pandai.org.
In exercising these rights, you may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by Pandai, or any Pandai user of you or your use of the Content, without the separate, express prior written permission of Pandai or the applicable Pandai user.
In addition, if you operate a search engine or robot, or you republish a significant portion of all Content or all Content in the given topic area (as we may determine in our discretion), you must follow these rules:
If you copy or republish a significant portion of all Content or all Content in a given topic area, you may not use such Content in a manner that negatively affects Pandai or its users (in each case as we may determine in our discretion).
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Pandai be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third-party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. Pandai will not be responsible or liable for any use of your Content by Pandai in accordance with these Terms.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations thereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Pandai, its users and the public.
You must not do any of the following while accessing or using the Service: (i) use the Service for any unlawful purposes or for promotion of illegal activities; (ii) upload or post any Content (as defined above) in violation of the provisions contained in the "License to Pandai" section of these Terms; (iii) use the Service for the purpose of spamming anyone; (iv) access or tamper with non-public areas of the Service, Pandai's computer systems, or the technical delivery systems of Pandai's providers; (v) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (vi) access or search or attempt to access or search the Service using robots, crawlers, or other automated means except as expressly permitted in these Terms; (vii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (viii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
We may make available one or more APIs for interacting with the Service. Your use of any Pandai API is subject to these terms and the Pandai API Rules, which will be posted before we make these APIs available (as part of these Terms).
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Pandai and its licensors. The Service is protected by copyright, trademark, and other laws of both the Malaysia and foreign countries. Except as otherwise stated herein, you shall not use the Pandai name or any of the Pandai trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by Pandai on the Service are subject to change. In consideration for Pandai granting you access to and use of the Service, you agree that Pandai and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
If You are a copyright owner or an agent thereof and believe that any material on pandai.org infringes Your copyrights, You may submit a notification pursuant to the Copyright Act by providing our Designated Agent with the following information in writing: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (providing a URL in the content of an email is the best way to help us locate content quickly); (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service is:
Pandai Education Sdn. Bhd.
Attn: Copyright Officer
Level 16, Menara Etiqa,
Jalan Bangsar Utama 1 Bangsar, 59000 Kuala Lumpur
Email: [email protected]
You acknowledge that if you fail to comply with all of the requirements above, your legal notice may not be valid and not be acknowledged.
We will process and investigate valid notices of alleged infringement and will take appropriate actions under the Malaysian copyright law and other applicable intellectual property laws. We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, Pandai will also terminate a user's account if the user is determined to be a repeat infringer.
Upon receipt of copyright notices, we will act expeditiously to remove or disable access to any material claimed to be infringed or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to his/her material.
If you believe that your Content was improperly removed (or to which access was disabled) you may send a counter-notice to our designated agent, which must contain the following information in writing:
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Pandai of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, PANDAI AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content thereon. Pandai will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that Pandai has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Pandai or through the Service, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PANDAI AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PANDAI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
These Terms and any action related thereto will be governed by the Malaysian laws without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Malaysia, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Nothing herein prohibits or hinders Pandai from bringing an action in any jurisdiction for injunctive or other preliminary relief.
These Terms are the entire and exclusive agreement between Pandai and you regarding the Service (excluding any services for which you have a separate agreement with Pandai that is explicitly in addition to or in place of these Terms), and these Terms supersede and replace any prior agreements between Pandai and you regarding the Service.
The failure of Pandai to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
The Service is operated and provided by Pandai Education Sdn. Bhd., Level 16, Menara Etiqa, Jalan Bangsar Utama 1 Bangsar, 59000 Kuala Lumpur. If you have questions about these Terms, please contact us at [email protected]