Terms and Condition

Introduction

These terms and conditions (“Terms and Conditions”) govern the User’s access to this GOECOMMERCE portal (“GO-ECOMMERCE Portal”) and/or use of the Services provided by the GOECOMMERCE Portal and the relationship between MDEC and the User. By accessing the GOECOMMERCE Portal and/or using the Services, the User agrees that it has read, accepted and are bound by the Terms and Conditions. MDEC and the User shall individually be referred to as “Party” and collectively as “Parties” in the Terms and Conditions.

MDEC may update and/or amend the Terms and Conditions at any time without prior notice by publishing the latest version of the Terms and Conditions on the GO-ECOMMERCE Portal. If the User continues to access the GO-ECOMMERCE Portal and/or use the Services, the User shall be deemed to have agreed to and accepted the latest version of the Terms and Conditions.


Definitions

In these Terms and Conditions:

  • “Affiliate” means in relation to either MDEC or the User, a company which is a subsidiary or holding company of it, or any company which is a subsidiary of any such holding company, “holding company” and “subsidiary” having the meanings ascribed to them in the Companies Act 2016 (Act 777);
  • “Confidential Information” means the confidential information of the Parties which relates to the subject matter of the Terms and Conditions and includes the business and affairs of the Parties, and information relating to the development, trade secrets, know how, personnel, contractor, policies and business strategies of the Parties, whether disclosed orally, in writing, or in the form of samples, models, computer data, software by demonstration or otherwise which is, by its very nature, confidential or is previously identified or indicated to the other Party as being confidential information;
  • “Data” means data, information, content and materials in any form or manner submitted or transmitted through the GO-ECOMMERCE Portal;
  • “Force Majeure” means an event or circumstance which is beyond the control of MDEC, including but not limited to internet failures, computer equipment failures, viruses, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning, natural hazard and/or disaster, earthquake, typhoon, war, acts of foreign enemies or perils of the sea or other perils;
  • “MDEC” means Malaysia Digital Economy Corporation Sdn. Bhd. (Company No.: 389346-D);
  • “Services” means any and all of the services made available or provided by the GOECOMMERCE Portal; and
  • “User” means the party registered as user of the GO-ECOMMERCE Portal and accessing the GO-ECOMMERCE Portal and/or using the Services;

Scope of Services

The Services made available or provided by the GO-ECOMMERCE Portal may be modified, enhanced, substituted, suspended or removed at any time.

The User acknowledges and agrees that MDEC has the right at any time to change or discontinue any aspect or feature of the GO-ECOMMERCE Portal, including but not limited to the content and availability.

The course and/or training provided in the GO-ECOMMERCE Portal is conducted by a training provider registered with MDEC. Participant shall satisfy itself as to the suitability of the course and/or training for its purpose and shall be deemed to have carried out its own examination to ensure the suitability of the course and/or training for their intended purposes and applications. MDEC makes no representation about the suitability or otherwise of the course and/or training and accepts no liability in the event the course and/or training does not meet the needs of the participant.


Registration, Username and Password

Upon completion and submission of a registration form by the User, the User will be registered as a user to the GO-ECOMMERCE Portal with a username or login name and password (“Username and Password”) which will enable the User to access the GO-ECOMMERCE Portal and/or use the Services.

The User agrees that by using the Username and Password to access the GO-ECOMMERCE Portal and/or to use the Services, the User shall be deemed to have made or authorised such access and/or usage.

The User agrees to keep the Username and Password strictly confidential and ensure that there is no unauthorized access to the GO-ECOMMERCE Portal and/or unauthorized use of the Services. The User is solely responsible for the maintenance, security and use of the Username and Password and therefore shall accept full responsibility for all activities conducted through the use of the Username and Password including all consequences and losses relating to the use of the Username and Password.

If the User knows or suspects the Username and Password are being misused, the User must, as soon as possible, notify MDEC in writing and immediately change the Password. Upon receipt of such notice, MDEC will make reasonable efforts to prevent misuse of the Username and Password or halt all transactions under the account of the User.


Obligations when accessing the GO-ECOMMERCE PORTAL

In accessing any part of the GO-ECOMMERCE Portal, the User agrees:

  • not to use the GO-ECOMMERCE Portal in such a way that disrupts, interferes with or restricts the use of the GO-ECOMMERCE Portal;
  • not to upload, display or transmit any materials to or through the GO-ECOMMERCE Portal which are false, plagiarised, offensive, defamatory, threatening, obscene, unlawful or which infringe the rights (including copyright) of any other person anywhere in the world;
  • not to reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of the GO-ECOMMERCE Portal or attempt to transmit to or via the GO-ECOMMERCE Portal any information that contains a virus, worm, Trojan horse or other harmful or disruptive component;
  • not to access or use or permit the access or use of the GO-ECOMMERCE Portal for any illegal purpose or for any purpose that is not permitted under the Terms and Conditions or under any other agreement to which the User is a party or under applicable laws; and
  • not to post, submit or transmit any unlawful or unauthorised content on or through the GOECOMMERCE Portal, including without limitation, content that contains software viruses or any file or program that may interrupt, disable, corrupt or impair the GO-ECOMMERCE Portal and/or its related websites or the hardware and software system, security protocols, networks or other operations of the GO-ECOMMERCE Portal and/or its related websites;

Representations and warranties of the User

The User represents and warrants that:

  • no step has been taken by any person for the bankruptcy, dissolution or winding up of the User or for the appointment of a liquidator (including a professional liquidator) receiver, judicial manager, trustee, administrator, agent or similar officer of the User or any part of the assets of the User;
  • the User has the legal capacity, full legal right, authority and power to execute, deliver and perform all its obligations under the Terms and Conditions;
  • the Terms and Conditions constitute a legal, valid and binding obligation of the User, enforceable against the User in accordance with the provisions of the Terms and Conditions and do not contravene any legislation or regulation binding on the User;
  • all information and document submitted by the User for the registration as user to the GOECOMMERCE Portal are true, accurate, updated and complete;
  • no representation or warranty made by the User to MDEC or any information or document provided or to be provided by the User to MDEC contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements true, correct and accurate in all material respects;
  • the User has obtained all necessary third party copyright, trademark, trade secrets or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of the third party, for any material or information the User posts on the GO-ECOMMERCE Portal or provide to MDEC or authorize MDEC to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the GO-ECOMMERCE Portal are hereafter referred to as “Third Party Rights”. The User hereby represents, warrants and agrees that the User shall be solely responsible for ensuring that any material or information post/upload or to be posted/uploaded by the User on the GOECOMMERCE Portal or provide to MDEC or authorize MDEC to display does not violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights;
  • the User has obtained the necessary licence, permit, approval, consent, order, authority or exemption under the applicable laws and regulations, to submit the Data to the GOECOMMERCE Portal, to use the Services and/or to perform any activities or obligations under the Terms and Conditions and such licence, permit, approval, consent, order, authority or exemption has not been revoked, suspended or cancelled;
  • the User acknowledges and agrees that the submission of Data by the User to the GOECOMMERCE Portal and/or the use of the Services by the User must conform to and comply with the applicable laws, including but not limited to the Personal Data Protection Act 2010 (Act 709), including all regulations, orders and binding codes of conduct promulgated thereunder;
  • the User has read and understood GO-ECOMMERCE’s Personal Data Protection Statement which is accessible at https://www.go-ecommerce.my/p/personal-data-protection-act  and agree to the processing of any personal data provided by the User to MDEC in accordance with the manner specified therein; and
  • the User has read and understood MDEC’s code of conduct which is accessible at https://mdec.my/footer-pages/code-of-conduct/ and agrees to be bound by the terms of such code of conduct and it has not breached and shall not breach any of the terms of the code of conduct applicable to it.

Data

The User agrees and acknowledges that all Data provided by the User shall be accurate and complete without any error and shall conform to all requirements of the relevant laws and regulations and where applicable, shall have been collected, processed and retained by the User in accordance with the applicable laws including but not limited to the Personal Data Protection Act 2010 (Act 709), including all regulations, orders and binding codes of conduct promulgated thereunder.

MDEC shall be entitled to, but is not obligated to, carry out such verification procedures and checks in relation to any of the transaction and/or the Data submitted on the GO-ECOMMERCE Portal, at its discretion. The User acknowledges that MDEC has discretion, for any reason whatsoever and without providing any reason to modify, add, delete or refuse, in whole or in part, any material in any form or manner, if MDEC in the opinion that such Data is in breach of the spirit of the Terms and Conditions or is undesirable, inaccurate or untrue.

All Data submitted by the User on the GO-ECOMMERCE Portal shall be structured and transmitted in accordance with the protocols and standards as adopted by MDEC from time to time and notified to the User.

The User acknowledges that MDEC shall have the right to refuse or cancel any transaction submitted through the GO-ECOMMERCE Portal where MDEC has reason to believe that the Data and/or the transaction is incomplete, erroneous and/or does not comply with applicable laws.
Discussion and Forum

MDEC may but is not obligated to monitor or review any areas on the GO-ECOMMERCE Portal where the User transmits or post communications or communicate solely with each other, including but not limited to user Forum and the content of any such communications. MDEC will have no liability related to the content of any such communications whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise. MDEC may edit and/or remove content on the Forum at their discretion at any time.


Confidential information

Each Party agrees to use commercially reasonable efforts (at least equivalent to efforts as it applies to maintaining the confidentiality of its own confidential information) to maintain as confidential all Confidential Information provided to it by any other Party (“Disclosing Party”), except that:

  • any such Party (“Receiving Party”) may disclose Confidential Information to its Affiliates and to its employees, officers, directors, auditors, consultants, attorneys, agents, advisors or authorised contractor or vendor, for purposes related to the Receiving Party’s performance of obligations under the Terms and Conditions (it being understood and agreed that
    • the parties to whom such disclosure is made will be informed of the confidential nature of such Confidential Information and instructed to keep such information confidential and
    • the Receiving Party shall be responsible for causing such parties to comply with the confidentiality provisions under the Terms and Conditions to the same extent as if they were parties to the Terms and Conditions);
  • MDEC may disclose the Confidential Information to any government, authority and/or regulatory body in Malaysia to the extent that such government, authority and/or regulatory body in Malaysia requests or requires the Confidential Information for the purpose of the GO-ECOMMERCE Portal and/or the Terms and Conditions;
  • any Party may disclose Confidential Information as required under applicable laws, or reasonably believed by such Party to be compelled by any legal process issued by any court or tribunal whether in Malaysia or elsewhere; or
  • any Party may disclose Confidential Information in the event that such information has been published or announced in conditions free from confidentiality or has otherwise entered the public domain without default on the part of such Party. 19. Upon the Disclosing Party’s written request, the Receiving Party at its best endeavour shall and shall procure any person to whom the Receiving Party has disclosed the Confidential Information to
    • destroy all Confidential Information of the Disclosing Party, including internal Confidential Information, analyses, data, summaries, memoranda and other documents prepared or generated by the Receiving Party or such other person, including all copies thereof; or
    • promptly deliver to the Disclosing Party all other Confidential Information of the Disclosing Party, together with all copies thereof, in the possession, custody or control of the Receiving Party or, alternatively, with the written consent of the Disclosing Party, the Receiving Party shall destroy all such Confidential Information; and
    • certify all such return or destruction in writing to the Disclosing Party, provided, however, that the Receiving Party may retain a list that contains general descriptions of the information it has returned or destroyed to facilitate the resolution of any controversies after the Disclosing Party’s Confidential Information is returned.

Each Party acknowledges and agrees that, each Party may receive personal data from the other Party for purposes of and/or in relation to the Terms and Conditions and in this respect, each Party hereby undertakes that:

  • it shall not, at any time, use or copy the Personal Data for any reason other than for the purposes of carrying out its obligations under the Terms and Conditions; and
  • it shall comply, and shall ensure that the Data submitted to or transmitted through the GOECOMMERCE Portal complies with all applicable laws, including but not limited to, the personal data protection laws and all regulations, orders and binding codes of conduct promulgated thereunder.

Disclaimer and Limitation of liability

MDEC provides the GO-ECOMMERCE Portal including all its content and the Services on “as is” and on an “as available” basis, without any representation or warranty of any kind, whether express or implied. MDEC does not warrant that use of the Services or access to the GO-ECOMMERCE Portal will be uninterrupted, error free or free of computer viruses or computer bugs, or that defects will be corrected, nor does MDEC give any warranty otherwise as to the GO-ECOMMERCE Portal’s functionality, accuracy, or reliability.

To the maximum extent permitted by law, MDEC shall not be liable for any loss or damage, including without limitation loss of profit or goodwill, loss of opportunity, loss of Data or any other direct or indirect, incidental, consequential, exemplary, punitive or special loss, damage or expense of any kind whatsoever, arising out of or in connection with the use of or inability to use the Services by the User and/or the access to or inability to access the GO-ECOMMERCE Portal, including all its content, by the User.

The User shall indemnify, defend and hold harmless MDEC from any and all claims, suits, actions, liabilities, fines, penalties, losses, damages, costs and expenses (including legal fees and expenses on a solicitor and client basis) of any kind resulting directly or indirectly from the acts or omissions of the User, suffered or incurred by MDEC and arising out of the User’s breach of any of the terms and conditions of the Agreement.

Intellectual Property

All content within the GO-ECOMMERCE Portal including but not limited to the Data, the trademarks, logos, service marks, copyrights, brands, headers, titles, texts, graphics, images, sound files, audios, animation files, video clips, software, legend, the look and feel and arrangement of the GOECOMMERCE Portal and any other proprietary rights and/or intellectual property rights (“Intellectual Property Rights”), are either owned by MDEC or have been licensed to MDEC by the respective owners of those rights and are protected in accordance with the applicable intellectual property laws.

No part or parts of the content and/or the Data of the GO-ECOMMERCE Portal may be modified, copied, distributed, retransmitted, broadcast, displayed, performed, reproduced, published, licensed, transferred, sold or commercially dealt with in any manner without the express prior written consent of MDEC. Nothing contained in the Terms and Conditions should be construed as granting to the User, by implication or otherwise, any license or right to use any of the Intellectual Property Rights.


Cookies/Tracking Technology

The User acknowledges that the GO-ECOMMERCE Portal may use cookie and other tracking technologies depending on the features offered whereby the cookie and tracking technologies are used for gathering information such as browser type and operating system, tracking the number of visitors to the site and understanding how the visitor and/or the User use the GO-ECOMMERCE Portal.


Linked Sites

The GO-ECOMMERCE Portal may contain links to third party websites. The User acknowledges and agrees that MDEC shall not be held liable, directly or otherwise, or is in any way responsible of the content of the third party websites access by the User since MDEC does not review, control or examine the content of the third party websites. Further, MDEC’s linking to such third party websites or posting of materials or advertising of such third party websites is not an endorsement of or representation concerning these third party websites, materials, products or services. All title, logo, trademark and intellectual property rights in the content of any third party websites is the property of the respective owner of such linked websites.

The User acknowledges and agrees that MDEC has the right and the sole discretion to add, change, decline or remove, without any notice, any feature or link to any of the linked sites from the GOECOMMERCE Portal


Termination of Services

Notwithstanding anything herein to the contrary, MDEC reserves its right to suspend, cease and/or terminate at any time the provision of the Services to the User and/or the access to the GOECOMMERCE Portal without the obligation to provide any reason.

MDEC shall be entitled to suspend, cease and/or terminate immediately the provision of the Services to the User and/or the access to the GO-ECOMMERCE Portal, including invalidating the User’s Username and Password, if the User breached any of the provisions under the Terms and Conditions, or breached any representation or warranty made under the Terms and Conditions, or becomes insolvent, wound up or goes into liquidation or any step is taken by any person for the dissolution or winding up of the User or for the appointment of a liquidator (including a provisional liquidator), receiver, judicial manager, trustee, administrator or similar officer over the assets or businesses of the User, or to ensure or maintain the security of the GO-ECOMMERCE Portal and its users where MDEC deems appropriate.

The User may terminate its use of the Services by giving prior written notice to MDEC.

Upon the termination of Services, all rights, approvals and licences granted to the User under the Terms and Conditions shall automatically terminate.

The User acknowledges and agrees that termination will not affect the User’s liability or obligations in respect of the Data submitted or transactions performed by the User through the GOECOMMERCE Portal before such termination and the termination is made by MDEC without prejudice to MDEC’s other rights and remedies under the Terms and Conditions or under the law. Miscellaneous

The Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia. The Parties agree to submit to the jurisdiction of the courts of Malaysia.

The Terms and Conditions constitute the entire agreement between MDEC and the User relating to the subject matter hereof and supersedes all previous discussions, representations and agreements whether written or oral.

The User shall not make any public announcement or issue any press statement concerning any aspect of the Terms and Conditions without the prior written approval of MDEC save and except where such aspect of the Terms and Conditions is already in the public domain otherwise than by breach of the provisions of the Terms and Conditions by the User.

If any provision of the Terms and Conditions is held to be illegal or unenforceable, the validity or enforceability of the remainder of the Terms and Conditions shall not be affected.

Any waiver or indulgence granted by MDEC shall not prevent MDEC from enforcing the other parts of the Terms and Conditions which are unaffected by such waiver or indulgence, or other rights or require MDEC to grant further indulgence. The rights and remedies provided by law are not excluded by the Terms and Conditions. Any rights not expressly granted in the Terms and Conditions are reserved.

The User shall not assign or transfer, or purport to assign or transfer, any of the rights or obligations of the User under the Terms and Conditions without the prior written consent of MDEC. 40. The User further undertakes to execute and deliver any other documents and take any other steps as shall be reasonably required to carry out and perform its obligations under the Terms and Conditions.

Nothing contained herein shall be construed to imply a partnership, joint venture, principal-agent or an employer-employee relationship between MDEC and the User.

Without prejudice to the laws on the limitation of proceedings, the provisions of the Terms and Conditions shall continue to bind each Party after the termination of Services insofar as and for as long as may be necessary to give effect to their respective rights and obligations.