THE FOLLOWING DESCRIBES THE TERMS ON WHICH MIIE-ACADEMY (eMII) OFFERS YOU ACCESS TO ITS SERVICES
1. Terms of Use
1.1 The use of the MII e-Academy (eMII) website is subject to this Terms
of Use ("TOU"). By accessing and using the eMII Website
you agree to be legally bound immediately by this TOU on the first use
of eMII.
1.2 Malaysian Insurance Institute(MII) and eMII reserves the right,
from time to time, with or without notice to you, to change these Terms
of Use in our sole discretion. The most current version of these Terms
of Use can be reviewed by clicking on the "Terms of Use" hyperlink
located at the bottom of the pages of the eMII Web site. The most current
version of the Terms of Use will supercede all previous versions. Your
use of the eMII Web site after changes are made means that you agree
to be bound by such changes.
1.3 A user who uses, or makes decisions based on information contained
in this Web site does so at the user's own risk. By accessing this Website,
the user agrees to hold MII, eMII and its affiliates harmless against
any claims for damages arising from any decisions that the user makes
based on such information.
2. Use of eMII website
2.1 You may not copy, reproduce, republish, download, post, broadcast,
transmit, make available to the public, or otherwise use eMII contents
in any way except for your own personal, non-commercial use. You also
agree not to adapt, alter or create a derivative work from any eMII
content except for your own personal, non-commercial use. Any other
use of eMII content requires the prior written permission of the MII.
2.2 MII reserves the right to terminate any dormant eMII Account that
has not been used for a period of six months or longer.
3. Disclaimers and Limitation of Liability
3.1 eMII content, including the information, names, images, pictures,
logos and icons regarding or relating to MII and eMII, its products
and services (or to third party products and services), is provided
"AS IS" and on an "IS AVAILABLE" basis without any
representations or any kind of warranty made (whether express or implied
by law) to the extent permitted by law, including the implied warranties
of satisfactory quality, fitness for a particular purpose, non-infringement,
compatibility, security and accuracy.
3.2 Under no circumstances will MII or eMII be liable for any of the
following losses or damage (whether such losses where foreseen, foreseeable,
known or otherwise): (a) loss of data; (b) loss of revenue or anticipated
profits; (c) loss of business; (d) loss of opportunity; (e) loss of
goodwill or injury to reputation; (f) losses suffered by third parties;
or (g) any indirect, consequential, special or exemplary damages arising
from the use eMII regardless of the form of action.
Under no circumstances shall MII or eMII be liable for any losses or
damages, direct, special, incidental, consequential, punitive or exemplary
or otherwise, that result from the use of, or the inability to use,
the materials in this Website, even if MII or a eMII authorized representative
has been advised of the possibility of such damages. You specifically
agree that eMII is not responsible or liable for any threatening, defamatory,
obscene, offensive or illegal content or conduct of any other party
or any infringement of another's rights, including intellectual property
rights in relation to this Website. If you are dissatisfied with the
service offered by the Website, or with the materials available on or
through the Website, or with any of eMII's terms and conditions,
your sole and exclusive remedy is to not use the Website.
3.3 In no event shall eMII, its shareholders, directors, officers, or
employees be liable (jointly or severally) to you for any special, incidental,
indirect or consequential damages of any kind, or any damages whatsoever
resulting from loss of use, data or profits, whether or not advised
of the possibility of damage, and on any theory of liability, arising
out of or in connection with the use or performance of this information.
If any applicable authority holds any portion of this section to be
unenforceable, then liability will be limited to the fullest possible
extent permitted by applicable law.
3.4 MII does not warrant that functions contained in eMII content will
be uninterrupted or error free, that defects will be corrected, or that
eMII or the server that makes it available are free of viruses or bugs.
3.5 Although we will use reasonable endeavours to maintain the Content,
we do not undertake to provide support or maintenance services for the
Content.
4. Intellectual Property
4.1 The names, images and logos identifying the MII, eMII or third parties
and their products and services are subject to copyright, design rights
and trade marks of the MII, eMII, and/or third parties. Nothing contained
in these terms shall be construed as conferring by implication, estoppel
or otherwise any licence or right to use any trademark, patent, design
right or copyright of the MII, eMII, or any other third party.
All other trademarks not owned by MII that appear on the eMII Web site
are the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by MII. Any images of persons or personalities
contained on the eMII Web site shall not be an indication of endorsement
of any particular product or our service unless otherwise specifically
indicated.
4.2 The use of these trademarks or any other material on this Website
is prohibited. Anyarticles, stories and/or news items ("Works")
appearing on the Website will bear the appropriate credit to the author/
creator and/or publisher. All works published are copyrighted and any
manner of reproduction, and distribution of the same are strictly prohibited.
5. Use of Information Submitted
MII is free to use any comments, information, ideas, concepts, reviews,
or techniques contained in any communication you may send to the eMII
Web site without further compensation, acknowledgement or payment to
you for any purpose whatsoever including, but not limited to, developing,
manufacturing and marketing products and creating, modifying or improving
the eMII Web site or other Web sites. Furthermore, by posting any information
on our site, you grant us a nonexclusive, royalty-free license to display,
use, reproduce or modify that information.
6. Your Conduct on the eMII Web Site
By accessing the eMII Web site, you agree not to upload, post, email
or otherwise send or transmit any material that contains software viruses
or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware
or telecommunications equipment associated with the eMII Web site. You
also agree not to interfere with the servers or networks connected to
the eMII Web site or to violate any of the procedures, policies or regulations
of networks connected to the eMII Web site, the terms of which are incorporated
herein. You also agree not to impersonate any other person while using
the eMII Web site, conduct yourself in a vulgar or offensive manner
while using our service, or use the eMII Web site for any unlawful purpose.
7. Access Restriction
7.1 Without limiting anything herein contained, MII reserves the right
to terminate the eMII Website and your use of the eMII contents at any
time without notice and for any reason.
7.2 In addition to any termination rights MII may have under this TOU
& Notices, MII may suspend or terminate your eMII account and access
to the eMII Website without notice and in its sole discretion if:
- MII, at its sole discretion ceases to offer any free, trial,
or promotional services, but such termination or suspension shall solely
relate to such services; or
- for inactivity, which is defined as failing to log in or top-up
your eMII account for an extended period of time, as specified in section
2.2 above.
- MII suspects fraudulent use (Fraudulent use of an account may
include but is not limited to: (a) permitting access to your user ID
and password to third parties, or (b) entering invalid or apparently
invalid user information for your eMII account, or (c) attempting to
register for free, trial, or promotional offers under several aliases
or with different user information to circumvent any one-trial-per-user
limitation) of the eMII Website and/or your eMII account; or
- You materially violate this TOU or any Notice posted from time
to time on the eMII Website, any applicable law, rule or regulation
relating to the use of the eMII Service; or
- Any law, regulation, or governmental action renders all or any
portion of the eMII Website(or your use of the eMII Service) unlawful
or impracticable; or
- Your use of your eMII account or the eMII Website impairs or
threatens to impair the integrity or functionality of the eMII network
in any manner; or
- if MII believes that you have violated or acted inconsistently
with the letter or spirit of this TOU & Notices.
7.3 You agree that MII shall not be liable to you or any third-party
for any termination of your access to the eMII Website or your eMII
account. Any losses arises from the termination of your account is not
a responsibility of eMII or MII in anyway.
7.4 You shall be solely responsible for maintaining the confidentiality
of your login name and password, and you agree to accept responsibility
for all activities that occur under your account or password whether
or not authorised by you and you shall immediately notify MII or eMII
if it comes to your knowledge that your login or password has been compromised
or there has been unauthorised use of your account.
7.5 MII and eMII shall not be liable for any damage or loss of any kind
suffered by you as a result of unauthorised use of your login name and
password.
7.6 MII reserves the right to refuse service, terminate and/or suspend
accounts, remove or edit content, or cancel orders in its sole discretion.
In particular, and without limitation, MII may terminate and/or suspend
your account should you violate any of these Terms and Conditions, or
violate the rights of MII, of any other user(s) or of any third party
(ies).
8. Indemnity
8.1. You agree to indemnify, defend and hold MII, its officers, directors,
employees, agents, shareholders, licensors, suppliers and any third
party information providers to the eMII Website harmless from and against
all losses, expenses, damages and costs, including attorneys’
fees, resulting from any violation by you of this TOU & Notices
or asserted by any third party due to or arising out of your use of
or conduct on the eMII Website.
8.2. The provisions of this paragraph are for the benefit of MII and
its officers, directors, employees, agents, shareholders, licensors
and suppliers to the eMII Website. Each of these individuals or entities
shall have the right to assert and enforce these provisions directly
against you on its own behalf.
9. Disclosure and Confidentiality
9.1. MII reserves the right to disclose any personal information about
you or your use of the eMII Service and without your prior permission
if MII is in good faith, believes that such action is necessary to:
(1) conform to legal requirements or comply with legal process; (2)
protect and defend the rights or property of MII or its holding or affiliated
company; (3) enforce this TOU; or (4) act to protect the interests of
its members or others.
9.2. Any non-personal information or material sent to MII by you will
generally NOT be treated as confidential.
9.3. For further details on use and disclosure of your personal information
please see our Privacy Policy.
10. Links
Some of the hyperlinks on the eMII Web site may lead to other Web sites
that are not controlled by, or affiliated with, MII. In addition, other
Web sites may link to the eMII Web site. MII and/or eMII has not reviewed
these Web sites and is not responsible for the content or privacy policies
of these Web sites.
11. General
11.1 If there is any conflict between these terms and specific terms
appearing elsewhere on eMII (including local house rules) then the latter
shall prevail.
11.2 If any of these terms are determined to be illegal, invalid or
otherwise unenforceable by reason of the laws of any state or country
in which these terms are intended to be effective, then to the extent
and within the jurisdiction in which that term is illegal, invalid or
unenforceable, it shall be severed and deleted from these terms and
the remaining terms shall survive, remain in full force and effect and
continue to be binding and enforceable.
