Terma Servis

Efektif: 7 October 2020

These Terms of Service ("Terms") govern your access to and use of the services, websites, and applications offered by Pandai Education Sdn Bhd (the "Service"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms or our Privacy Policy.

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.

As Pandai evolves, our Terms will need to evolve as well to cover new situations.  Any revisions to these Terms shall become effective on the date they are posted on www.pandai.org or in the Service. You are advised to review these Terms regularly for any changes, as continued use is deemed approval of all changes.

Use of the Service

You may use the Service only if you can form a binding contract with Pandai Education Sdn Bhd (“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 the Service.

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.

You represent that you are over the age of thirteen (13) years old. If you are over thirteen, but under the legal age of majority, your parent or legal guardian must consent to these Terms and the Privacy Policy, and affirm that they accept this Agreement on behalf of, and bear all legal and financial responsibility and liability for the actions of, any child between the age of 13 and majority, and expressly ratify and confirm any acts of any such child and all users of the account.

Your use of the Service is solely for your personal and non-commercial use. Any use of the Service or their contents other than for personal purposes is prohibited.

Content

The Service provides access to compiled educational information and related sources. Such information is provided on an “As Is” basis and we assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Service. We would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information. 

In the preparation of the Service and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, Pandai disclaims any responsibility for any errors and accuracy of the information that may be contained in the Service. Any feedback from you is most welcome to make the Service better and error free.

Pandai also reserves the right and discretion to make any changes or corrections or withdrawal or addition of content at any time without notice. Neither Pandai nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered in the Service for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

From time to time the Service may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). 

The contents of the Service are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the Service is not endorsed as a substitution to the curriculum based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same.

Pandai acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the Service does not imply endorsement of any particular method nor exclusion imply disapproval. Subscription to the Service or usage of the Service does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.

Certain contents in the Service (in particular relating to assistance in preparations for administrative services) may contain opinions and views. Pandai shall not be responsible for such opinions or any claims resulting from them. Further, Pandai makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information.

Submitted Content

"Submitted 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 Submitted Content you submit, post, display, or otherwise make available on the Service.

By submitting, posting or displaying Submitted Content on or through the Service, you agree that all Submitted 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 Submitted 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 Submitted Content has been contributed and subsequently removed by you. Your Submitted Content will be viewable by other users of the Service and through third party services and websites. You should only provide Submitted Content that you are comfortable sharing with others under these Terms.

By uploading Submitted 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 Submitted 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 Submitted Content from the Site, re-post any Submitted 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 Submitted Content provided that, in the event you post or otherwise use Submitted 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 Submitted Content visually displays or otherwise indicates the source of the Content as coming from Pandai; (b) you will ensure that any Internet use of Submitted Content includes a hyperlink directly to the Submitted Content on pandai.org; (c) You will ensure that any such use of Submitted Content visually displays or otherwise indicates the author(s) names; (d) you will ensure that there is an indication that the Submitted Content is licensed under the Creative Commons Attribution Share Alike license, and that the Submitted Content is accompanied by a hyperlink to the Creative Commons Attribution Share Alike license. Further, if you modified the Submitted 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 Submitted 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 Submitted Content, without the separate, express prior written permission of Pandai or the applicable Pandai user.

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 Submitted Content you provide, and for any consequences thereof, including the use of your Submitted Content by other users and third-party partners. You understand that your Submitted Content may be republished and if you do not have the right to submit Submitted Content for such use, it may subject you to liability. Pandai will not be responsible or liable for any use of your Submitted 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 Submitted 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.

Rules

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 Submitted 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 Submitted 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).

Proprietary Rights

All right, title and interest in and to the Service (excluding Submitted 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 Malaysia and foreign countries. 

Except as mentioned herein, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Service are the proprietary property of Pandai (“Proprietary Information”).  

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.

No Proprietary Information may be copied, downloaded, reproduced, modified, republished, or distributed in any way without obtaining prior written permission from Pandai and nothing on the Service shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Pandai, to you. 

You may own the medium on which the information, content or materials resides, but Pandai shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by Pandai on such medium. 

Certain contents on the Service may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and you are not permitted to use the same without the consent of the respective third party.

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.

Copyright Policy

We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

Take-Down Notice

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.

Disclaimers; Indemnity

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.

General Terms

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].