GENERAL

1.1 These Terms of Use apply when you access and/or use www.autismmalaysia.com, www.autismathome.co (the “Website”), which is operated by Early Autism Project Malaysia (“us”, “we”, “our”).

1.2 By using this Website, you provide your consent to the following conditions of use without limitation or qualification. Please read these conditions carefully before using this Website. These conditions may be revised at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current conditions to which you are bound.

Territory

2.1 The information on the Website is directed solely at persons accessing the Website from Malaysia. We make no representation that any product or service referred to on the Website is available, or appropriate for use for any other location. If you have any queries or require clarification, please contact us at – 

Data Protection Officer

Address: Early Autism Project Malaysia, 30 Jalan Keruing, Bukit Bandaraya, Bangsar, 59100 Kuala Lumpur, Malaysia.

Contact No.: +60 3 2094 0421

Email Address: enquiries@autismmalaysia.com

User Account

3.1 In order to make a purchase transaction on the Website, you will require to register an account with us. When registering an account, you confirm the following:

(a) you are 18 years old or above;

(b) if you are below 18 years old, therefore you have accordingly obtained the consent of your parent or legal guardian, or you are under the supervision of your parent or legal guardian;

(c) you are using your actual identity; and 

(d) the personal data that you have provided to us is true, accurate, complete, and current and will be updated from time to time, so that it remains accurate.

3.2 You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

3.3 We will not be liable for any loss or damage arising from your failure to comply with these Terms of Use.

Changes to the Website

Disclaimer

4.1 The information provided in this Website is for reference only, however having taken all reasonable measure, we seek to ensure that information on the Website is accurate. Further, we make no representative as to the accuracy, correctness, suitability of any information in the Website and will not be liable for any errors, delays, omissions, contained in the Website or any other information accessed via any of the Website, including without limitation, any information reached via links on the Websites to external sites, or any losses, injuries or damages arising from its display or use. All users are strongly encouraged to seek professional advice before relying on any information provided herein.

4.2. We shall not be liable in anyway whatsoever for any and all losses or damages. 

Intellectual Property Rights

5.1 “Intellectual Property Rights” means any and all intellectual and industrial property rights now in force or that come into force in the future in any part of the world whether or not registered or registrable and includes all applications and rights to apply for registration (and renewals and extensions of any registration) of such rights as well as all rights of action and remedies in relation to past infringements including rights in or in connection with:

(a) trademarks, trade names or service marks; 

(b) confidential information, business or trade secrets, know-how;

(c) inventions and patents;

(d) copyright (including the rights to secure copyright renewals and extensions of copyright, copyright not yet in existence but that comes into existence in the future and all other rights of a like nature by law in force in any part of the world);

(e) design rights, topography rights;

(f) database rights,

together with all other rights of a similar or corresponding character or nature.

5.2 The Website and any information available on it including, but not limited to, text, images, trademarks, graphics, icons software and source code, are protected by copyright, design, trademark and other Intellectual Property Rights owned or controlled by us and/or our licensors. You may not copy, upload, download, transmit, reproduce, republish, , store in retrieval system, modify, alter or display in public or distribute in any way the contents or any part of the Website for any purpose without our prior written permission except that you may download materials displayed on the Website for non-commercial, home personal use only as long as you keep all copyright, trademark and other proprietary notices intact.

5.3 All right, title and interest in the Intellectual Property Rights on the Website shall at all times remain the property of us and/or our licensors. You are not authorised to use the same unless you have obtained express written permission from us and/or our licensors, as the case may be.

5.4 You agree not to use the Website for any purpose or in any matter that is unlawful or infringes our or any third party’s Intellectual Property Rights.

Use of Personal Data

6.1 We respect the privacy rights of visitors to the Website. Except where specifically stated, all personal information collected by us shall be handled strictly in accordance with the Privacy Policy .

Prohibitions

7.1 You are reminded that when using the Website, you are prohibited from undertaking the following (including but not limited):

• giving of any false information in your account details;
• interfering or disabling any security-related features of the Website or features that prevent or restrict use or copying of the content accessible via the Website;
• take another person’s identity without that person’s permission or misrepresent that you are acting on behalf of a person, entity or organisation;
• send junk, spam or repetitive messages;
• using the Website, if we have suspended or banned you from using it;
• engage in any illegal or unlawful conduct;
• misusing the Website by knowingly introducing viruses, malware, or other similar material or by undertaking any other action which would harm the Website, any Website user’s equipment or have a detrimental impact on any Website user’s experience of using the Website;
• collect any data from the Website other than in accordance with these Terms of Use;
• submitting or contributing any content that is abusive, threatening, obscene, untrue, shocking or offensive; or
• submit or contribute any user content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties.

7.2 We, in addition to terminating your access to the Website (in whole or in part) for the breach of these Terms of Use, may also commence other actions as well including, but not limited to, reporting you to the police or other law enforcement agencies, issuing a warning or taking legal action against you and pursuing any costs we incur as a result of doing this.

Links and Sharing

8.1. Any links or opportunities to share (via blogs, social media and similar sites and communication services) on the Website are provided solely for your use and convenience. The link does not represent any endorsement or recommendation by us and does not mean that we have any association with the linked website. We are not responsible for the content of those external websites or for the legal consequences of your entering into any contracts with the third parties that provide these linked websites and we do not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you as a result.

8.2 If you do share content onto other platforms, there may be separate terms and conditions related to the organisation that allows you to share. Please read the terms and conditions of those websites that you intend to share. Some terms and conditions may prohibit you from sharing our content.

8.3 We will not be liable for any loss, damage, costs, expense delays or other liabilities (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, delay or error in the sending and/or receiving of any notice or communication and/or instruction through the post and/or electronic medium).

Termination

9.1 We may, at our sole discretion and without prior notice, under certain circumstances terminate your access to the Website (in whole or in part). Cause for such termination shall include without limitation:

• breaches or violations of these Terms of Use;
• infringement of Intellectual Property Rights;
• request by law enforcement or other government agencies;
• material modification and/or discontinuance of the products and/or services provided on the Website; and
• unexpected technical or security issues.

9.2 Termination of your access to the Website (in whole or in part) shall be without prejudice to any other rights or remedies we may be entitled to under these Terms of Use, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly and/or by implication intended to come into or continue in force on or after such termination.

Limitation of Liability

10.1 By accessing and using the Website you acknowledge and accept that the use of the Website is at your own risk. We shall not be liable for any direct, indirect, consequential, incidental, or punitive damages or for damages for loss of profit or revenue arising out of any use of, access to, or inability to use or access the Website. 

10.2 Without limiting the foregoing:

(a) YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND ALL INFORMATION AND MATERIALS CONTAINED ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED.  WE ALSO MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, PRIVACY OR NON-INFRINGEMENT (TO THE EXTENT PERMITTED BY LAW);

(b) WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE (TO THE EXTENT PERMITTED BY LAW); AND

(c) WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE WEBSITE, OR ANY FAILURE OF PERFORMANCE, ERROR, INTERRUPTION, OMISSION, DELETION, DELAY IN OPERATION OR TRANSMISSION, DEFECT, , COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE WEBSITE, OR ANY PUBLICATION OF DATA, TEXT, IMAGES, UPLOADING, DOWNLOADING OR OTHER MATERIAL OR INFORMATION TO OR FROM THE WEBSITE.

Invalidity

11.1 In the event that one or more of the terms provided in the Terms of Use is held to be invalid, unenforceable or illegal by a competent authority, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable and the remaining terms shall continue to be valid and enforceable.

Waiver

12.1 In the event you commit any breach of these Terms of Use and we take no action, we will not be taken to have waived our rights against you and will still be entitled to exercise our rights and remedies at a later stage or in any other situation where you commit another breach of these Terms of Use.

Governing Law and Jurisdiction

13.1 These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Malaysia.

Notices

14.1 If you have any questions about these Terms of Use, you may contact us either by post or by email at the following address:

Data Protection Officer

Address: Early Autism Project Malaysia, 30 Jalan Keruing, Bukit Bandaraya, Bangsar, 59100 Kuala Lumpur, Malaysia.

Contact No.: +60 3 2094 0421

Email Address: enquiries@autismmalaysia.com