Toll Free no: 1 800 220 662    info@sgacademy.edu.my
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Terms and conditions for Access to and use of Seg’s website and services

Please read these Terms and Conditions carefully. These are the general Terms and Conditions governing your access and use of SEG’s web sites (collectively “Sites”). These Terms and Conditions impose obligations on you including terms which limit your rights and exclude your liability. If you do not agree with them, you should not proceed any further on the Sites or with registration and discontinue all access to or use of the Sites and/or use of the Services. By continuing to use the Sites and/or any of the Services shown on the Sites, you agree to be bound by these terms and conditions.

All references to “SEG”, “we", "us" or "our", as the case may be, refers to SG Education Group.

Please take note that SEG reserves all rights to change any part of this Terms and Conditions. SEG will announce such changes through its dedicated webpage http://www.sgacademy.edu.my accordingly.

DEFINITIONS

"Access Information"

means the access information that we require from you before entering certain parts of the Sites for which you have registered, which may be a username, password, your mobile phone number or other or similar recognition device;

"Content"

means all data, information, material and content, including but not limited to text, pictures, photographs, software, video, music, sound and graphics;

"Functionalities"

means the services offered on or via the Sites, which may include (but is not limited to) chat, discussion group or bulletin board services or email, SMS or voice messaging services, online transactions, search engines and e-commerce facilitators;

"Services"

has the meaning given to it in Clause 2.1;

"SEG"

means SG Education Group, whose office is at D-0-3A, Putra Majestik, Jalan Kasipillay, Off Jalan Ipoh,Batu 2 ½, 51200 Kuala lumpur and may be referred to as “we”,“us” or “our” in this Terms and Conditions;

“Sites”

SEG’s web sites;

"Terms and Conditions"

means the contract between SEG and you incorporating these terms and conditions;

"Trade Marks"

means the word or marks belongs to SEG or its Group of Companies, including stylised representations, all associated logos and symbols, and combinations of the foregoing with another word or mark;

"You"

means the customer that enters into these Terms and Conditions (and "your" shall be construed accordingly).



1. CUSTOMER CARE
If you have a general enquiry about SEG's products and services, you can contact SEG Careline at 1 800 220 662.

2. USE OF CONTENT
2.1 The Services that we are providing to you via the Sites consist of the Content and the Functionalities available on the Sites or otherwise provided to you as a result of your use of the Sites ("the Services").
2.2     You acknowledge and agree that you are only permitted to use the Sites and the Services as expressly set out in these Terms and Conditions.

2.3     We do not claim ownership of any Content you submit or make available in the Sites. However, with respect to the Content you submit or make available in publicly accessible areas of the Sites, you grant us the following worldwide, royalty-free, non- transferable and non-exclusive license(s), as applicable:
2.3.1     With respect to Content you submit or make available in publicly accessible areas of the Sites, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Sites solely for the purposes of providing and promoting SEG’s Services to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Sites and will terminate at the time you remove or we remove such Content from the Sites.

2.3.2     With respect to photos, graphics, audio or video you submit or make available in publicly accessible areas of the Sites, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Sites solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Sites and will terminate at the time you remove or we remove such Content from the Sites.

2.3.3     With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Sites, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Sites are those areas of the Website that are intended by us to be available to the general public. You are solely responsible for all acts or omission during the use of this Site and the Services and the Content that you post on this Site.

2.4     You agree that the Sites and the Services are for your own personal use only on a single computer or device.

2.25     You may not:

2.5.1     copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, perform, publish, transfer or otherwise make available any of the Services or any information learned by you whilst using the Services or accessing the Site

2.5.     remove, change or obscure in any way anything on the Sites and/or the Services or otherwise use any material obtained whilst using the Sites and/or the Services except as set out in these Terms and Condition

2.5.3     reverse engineer or decompile (whether in whole or in part) any software used in the Sites and/or the Services (except to the extent expressly permitted by applicable law)

2.5.4     copy or use any material from the Sites and/or the Services for any commercial purpose remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Sites or obtained as a result of the Services.

2.6     Any use of caching, http accelerators such as or similar technology is permitted, however, you have the responsibility of ensuring you are viewing the most recent version of the web-page or content.

2.7     You may establish a link or "deep link" to the Sites from your site, provided that you have obtained SEG's prior written consent and that in SEG's sole discretion, the context is relevant and the link or its description is not detrimental to SEG.

3. YOUR OBLIGATIONS

3.1     You warrant that you will only use the Sites and the Services in accordance with this Agreement and in an appropriate and lawful manner and you agree that you shall and will not without limitation (and shall not authorise or permit any other party to):


3.1.1     receive, access or transmit any Content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;
3.1.2     circumvent user authentication or security of any host, network or account (referred to as "cracking" or "hacking") nor interfere with service to any user, host or network (referred to as "denial of service attacks") nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading SEG's legitimate web pages (referred to as "page-jacking") or use the Sites or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability and SEG will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;
3.1.3     use the Sites and/or the Services to advertise or offer to sell any goods or services for any commercial purpose without SEG's written consent;
3.1.4     knowingly or recklessly transmit any electronic Content (including viruses) through the Sites and/or the Services which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by SEG or other Internet users;
3.1.5     hack into, make excessive traffic demands, deliver or forward chain letters, "junk mail" or "spam" of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behavior intended to inhibit other users from using and enjoying the Sites and/or the Services or any other web site, or which is otherwise likely to damage or destroy SEG's reputation or the reputation of any third party.

3.2     You acknowledge that chat, discussion group or bulletin board services and similar services offered by SEG ("Public Communication Services") are public communications and your communications may be available to others and consequently you should be cautious when disclosing personal or sensitive information or any information which may identify you. SEG is not responsible for, and does not control or endorse any Content of any Public Communication Services.

3.3     If any information provided by you is untrue, inaccurate, not current or incomplete, SEG has the right to terminate your account and refuse any and all current or future use of the Services or access to the Sites.

4. ACCESS INFORMATION

4.1     Following registration you may be issued with Access Information that may be used to access the Sites and/or the Services and any pages for which registration is required. SEG reserves the right to change your Access Information at any time at its sole discretion and shall notify you of this change as soon as reasonably practicable. When choosing Access Information, you must not use words that are obscene, abusive or likely to cause offence.

4.2     Your account is to be used by a single user only and you will not allow simultaneous access using the same Access Information. You are liable for all the activities conducted through your account.

4.3     You as the registered user of the account will:

4.3.1     keep your Access Information secured and not let it become public knowledge and ensure that your Access Information will not be stored anywhere on a computer or your mobile phone in plain text;
4.3.2     provide true, accurate, current and complete information in all fields indicated as compulsory when registering on the Sites and/or the Services and notify us immediately of any changes or mistakes;
4.3.3     if your Access Information becomes known to any other unauthorised user you must inform SEG immediately.

4.4     Once you have 'signed-in' to any secure areas of the web-site, where you are requested to provide your Access Information, you must not at any time leave the Internet terminal or device from which you have accessed the Sites and the Services or let anyone else use the Internet terminal or device until you have logged out of the secure area of the Sites and the Services. You will be responsible for ensuring that you have logged out of the secure area at the end of any session.

4.5     You must not access the Sites and the Services from any computer connected to a local area network (LAN) or any public Internet access device or access point without first making sure that no-one else will be able to observe or copy your access or get access to the Sites and the Services pretending to be you.

4.6     You agree to check your bills carefully and inform us immediately of any discrepancy.

4.7     You agree to take all reasonable care to prevent unauthorized use of the Sites. You acknowledge and agree that we may remove or reclaim your username at any time if we consider such action appropriate.

5.     YOUR PERSONAL INFORMATION

SEG respects your privacy. You acknowledge that SEG and / or other entity in SEG Group collect, use, process and disclose Personal Information as set out in SEG’s Privacy Policy. For this reason, SEG may update its Privacy Policy from time to time. You will deem that your Personal Information will be used in accordance with SEG’s Privacy Policy when submitting your Personal Information when using the Sites and Services here.

6.     PROPRIETORY RIGHTS

6.1.    All Trade Marks used on the Sites and/or the Services are the trade marks of SEG or one of the SEG Group companies. You shall only make fair use of the Trade Marks and will not use the Trade Marks, whether design or word marks: (1) as or as part of your own trade marks; (2) in a manner which is likely to cause confusion; (3) to identify products to which they do not relate; (4) to imply endorsement or otherwise of products or services to which they do not relate; or (5) in any manner which does or may cause damage to the reputation of SEG or the Trade Marks.

6.2.    You acknowledge and agree that the Services and the Sites or any part thereof, whether presented to you by SEG, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietory rights and laws. All rights are expressly reserved.

6.3.    You are only allowed to use the Sites and the Services as set out in these Terms and Conditions and nothing on the Sites and/or the Services shall be construed as conferring any licence or other transfer of rights to you of any intellectual property or other proprietory rights of SEG, any member of the SEG Group or any third party, whether by estoppel, implication or otherwise.

7. COSTS

7.1     SEG reserves the right to charge for access to part or all of the Sites in the future, subject to giving you clear notice when entering any part to which charges apply. Some Services may be chargeable as indicated on the Sites and in any accompanying terms and conditions.

7.2.     You will need to provide all equipment necessary to access the Sites and the Services on the Internet and be liable for payment for your local telephone call charges at the rates published by the telephone operator with whom you make your local calls or any other Internet access charges to which you may be subject. If your equipment does not support relevant technology including but not limited to encryption you may not be able to use certain Services or access certain information on the Sites.

8. LIABILITY FOR CONTENT

8.1     It is your sole responsibility to satisfy yourself prior to using the Sites and the Services in any way that they are suitable for your purposes and up to date. The Services and in particular, prices are periodically updated and you should check the Sites and the Services regularly to ensure that you have the latest information. You should also refresh your browser each time you visit the Sites and the Services to ensure that you download the most up to date version of the Sites and the Services.

8.2.     The Sites and the Services are provided on an "as is" basis. Although every effort has been made to provide accurate information on these pages, neither SEG, nor any of its employees, nor any member of the SEG Group, their suppliers, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Services or any part thereof contained on the Sites or in the Services.

8.3.     You acknowledge that SEG is unable to exercise control over the security or subject matter of Content passing over the the Sites or via the Services and SEG hereby excludes all liability of any kind for the transmission or reception of infringing Content of whatever nature.

9. LIABILITY FOR THIRD PARTY CONTENT

9.1.     The Sites contains links to web sites, web pages, Products and Services also operated by SEG or the other entity in SEG’s Group and you agree that your use of each web site, web page and service is also subject to the terms and conditions, if any, contained within each website or webpage or attached to any products or services. These Terms and Conditions shall be deemed to be incorporated into each set of terms and conditions. In the event that there is any conflict, the terms and conditions contained within the relevant website or webpage or attached to the relevant products or services shall prevail over these Terms and Conditions.

9.2.     SEG assumes no responsibility for and does not endorse unless expressly stated, Content created or published by third parties that is included in the Sites and the Services or which may be linked to and from the Sites.

9.3.     The Sites and/or the Services may be used by you to link into other websites, resources and/or networks worldwide. SEG accepts no responsibility for the Content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such websites, resources and/or networks.

9.4.     Subject to Clause 13, you agree that SEG does not generally and is not required to monitor or edit the use to which you or others use the Sites and the Services or the nature of the Content and SEG is excluded from all liability of any kind arising from the use of the Services, and in particular but without limitation to the foregoing, the nature of any Content. Notwithstanding the foregoing, SEG reserves the right to edit, bar or remove any Services and/or Content, at any time as SEG in its sole discretion believes to be necessary in order to prevent any breach of these Terms and Conditions or any breach of applicable laws or regulations.

10. EXCLUSION OF LIABILITY

10.1.     SEG shall use its reasonable endeavours to ensure the maintenance and availability of the Sites and the Services but availability may be affected by other circumstances including but without limitation to your equipment, other communications networks, SEG’s simultaneous use of SEG’s Network or internet at the same time by huge number of users or other causes of interference that requires maintenance without notice.

10.2 Neither SEG nor any member of the SEG Group shall be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the performance of or use of Services available on the Sites and in particular, but without limitation to the foregoing, SEG specifically excludes all liability whatsoever in respect of any loss arising as a result of:

10.2.1.    use which you make of the Sites and the Services or reliance on Services or any loss of any Services or your Content resulting from delays, non-deliveries, missed deliveries, or service interruptions; and

10.2.2.    defects that may exist or for any costs, loss of profits, loss of your Content or consequential losses arising from your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the Sites and the Services at any time.

10.3.     All conditions or warranties which may be implied or incorporated into these Terms and Conditions by law or otherwise are hereby expressly excluded to the extent permitted by law.

10.4.     Your only remedy under these Terms and Conditions is to discontinue from using the Sites and the Services.

10.5.     SEG makes every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to your mobile phone and the information stored on your mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge.

10.6 Notwithstanding anything to the contrary contained in this these Terms and Conditions, the maximum liability of SEG to you in aggregate for any and all claims made by the you against SEG in contract tort or otherwise under or in connection with the subject matter of these Terms and Conditions shall not exceed the price of the Service with respect to which any claim or claims are made. Nothing in this clause shall attempt to exclude liability for death or personal injury arising from either party’s negligence.

11. VARIATION

11.1. SEG reserves the right to modify the Sites and/or the Services or suspend or terminate the Sites and/or the Services or access to part or all of them at any time.

11.2. SEG reserves the right to revise these Terms and Conditions at any time. Such variations shall become effective two weeks after being posted on the website. By continuing to use this website you will be deemed to have accepted the varied Terms and Conditions.

12. INDEMNITY

12.1.     You hereby agree to fully indemnify and to hold SEG harmless from and against any claim brought by a third party resulting from the use of the Sites and the Services or the provision of Content to SEG by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by SEG in consequence of such use of the Sites and the Services or provision of Content or your breach or non-observance of any of these Terms and Conditions.

12.2. You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against SEG arising from the above claims and shall provide SEG with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.

13.     MONITORING/RECORDING OF COMMUNICATIONS

Monitoring or recording of your calls, emails, text messages or other communications may take place in accordance with the law, and in particular for SEG's business purposes, such as for quality control and training, to prevent unauthorised use of SEG's telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.

14. TERMINATION

14.1. SEG may elect to suspend, vary or terminate the Services and the Sites immediately and without prior notice at any time for repair or maintenance work or in order to upgrade or update the Sites and the Services or for any other reason whatsoever.

14.2. SEG may elect to terminate the Services or your access to the Sites forthwith on breach of any of these Terms and Conditions by you, including, without limitation, late or non-payment of sums due or if SEG ceases to offer the Sites and the Services to its customers for any reason whatsoever.

15. GENERAL

15.1.     Governing Law and Jurisdiction - These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia and you hereby submit to the non-exclusive jurisdiction of the Malaysian courts.

15.2.     Severability - These Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.

15.3.     Waiver - SEG's failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SEG in writing.

15.4.     Representations - You acknowledge and agree that in entering into these Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms and Conditions or not) other than as expressly set out in these Terms and Conditions as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.

15.5.     Assignment - You undertake that in entering into these Terms and Conditions you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms and Conditions or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by SEG forthwith. SEG may assign these Terms and Conditions in whole or in part to any third party at its discretion.

15.6.     Force Majeure - SEG shall not be liable in respect of any breach of these Terms and Conditions due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom SEG is not responsible. If you have any questions in relation to this Agreement, please contact us on 1-800-220-662 between 9.00am and 5.00pm, Monday to Friday. Alternatively, you can write to info@sgacademy.edu.my. You may also use this address to communicate any concerns you may have regarding compliance with these Terms and Conditions.