“JomPAY Web Site” is the interactive on-line service operated by Malaysian Electronic Clearing Corporation Sdn. Bhd. (“JomPAY”) on the World Wide Web of the Internet, consisting of information services and content provided by MyClear, affiliates of MyClear and other third parties. “Subscriber” means each person who establishes or accesses a connection (“Account”) for access to and/or use of JomPAY Web Site.
(A) This Agreement, sets forth the terms and conditions that apply to use of JomPAY Web Site by Subscriber. By using JomPAY Web Site (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use JomPAY Web Site is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber’s Account (under any screen name or password) and for ensuring that all use of Subscriber’s Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber’s password(s), if any.
(B) MyClear shall have the right at any time to change or discontinue any aspect or feature of JomPAY Web Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
MyClear shall have the right at any time to delete, change or modify the terms and conditions applicable to Subscriber’s use of JomPAY Web Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means of, including, but not limited to, posting on JomPAY Web Site, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of JomPAY Web Site by Subscriber after the issuance of such notice shall be deemed to constitute acceptance by Subscriber of such deletions, changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of JomPAY Web Site and all charges related thereto.
(A) Subscriber shall use JomPAY Web Site for lawful purposes only. Subscriber shall not post or transmit through JomPAY Web Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, an invasion of privacy , vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without MyClear’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in MyClear’s view restricts or inhibits any other Subscriber from using or enjoying JomPAY Web Site will not be permitted. Subscriber shall not use JomPAY Web Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with JomPAY Web Site.
(B) JomPAY Web Site contains material subject to the protection of copyright, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of JomPAY Web Site are subject to copyright as a collective work under the Malaysian copyright and trade marks laws. MyClear owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download material for Subscriber’s personal use only provided that this not for the purpose of private or commercial gain. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of MyClear and the relevant copyright owner. In the event of any permitted copying, redistribution or publication of material subject to copyright, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading such material.
(C) Subscriber shall not upload, post or otherwise make available on JomPAY Web Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of JomPAY Web Site, Subscriber automatically grants, or warrants that the owner of such material has expressly granted MyClear the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber’s personal use. Subscriber hereby grants MyClear the right to edit, copy, publish and distribute any material made available on JomPAY Web Site by Subscriber.
(D) The foregoing provisions of this Section 5 are for the benefit of MyClear, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
MyClear shall have the right, but not the obligation, to monitor the content of JomPAY Web Site, to determine compliance with this Agreement and any operating rules established by MyClear and to satisfy any law, regulation or authorized government request. MyClear shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on JomPAY Web Site. Without limiting the foregoing, MyClear shall have the right to remove any material that MyClear, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless MyClear, its affiliates and their respective directors, officers, employees and agents from and against all loss, damage, claims or expenses, including attorneys’ fees, arising out of the use of JomPAY Web Site by Subscriber or Subscriber’s Account.
Either MyClear or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, MyClear shall have the right to immediately terminate Subscriber’s Account in the event of any conduct by Subscriber which MyClear, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of this Section 8, Sections 5(B), 5(C), 5(D), 7, 9 and the Disclaimer shall survive termination of this Agreement.
The emblem of MyClear, or the name of MyClear, including any abbreviation of its name, is protected by the Emblems and Names (Prevention of Improper Use) Act, 1963. Therefore, MyClear , JomPAY Web Site and the MyClear and JomPAY emblem, can not be used by Subscriber or any person without the written permission of MyClear. All other trademarks appearing on JomPAY Web Site are the property of their respective owners.
MyClear is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, MyClear has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of JomPAY Web Site, are those of the respective author(s) or distributor(s) and not of MyClear. Neither MyClear nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through JomPAY Web Site represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with MyClear. MyClear neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on JomPAY Web Site by anyone other than authorized MyClear employee spokespersons while acting in their official capacities. Under no circumstances will MyClear be liable for any loss or damage caused by a Subscriber’s reliance on information obtained through JomPAY Web Site. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through JomPAY Web Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.)
This Agreement and any operating rules for JomPAY Web Site established by MyClear constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Malaysia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.