Website Terms and Conditions
WEBSITE TERMS AND CONDITIONS
Popconfest.com (“Site”) is a site operated by POPCONFEST SDN. BHD .(Company Registration No. 201601007153 (“we”, “us” or “our”). These terms and conditions govern your use of the Site (“Terms and Conditions”). By using the Site, you confirm that you accept these Terms and Conditions and that you agree to comply with them. Please do not use our site if you do not agree with these terms.
Through the Site, we make available online coaching courses to members of our Site (“Courses”). If you wish to join or enrol into our Courses, you agree to be additionally bound by the specific terms and conditions set out in the Online Course Enrolment Agreement to be entered into by yourself and us.
In the event of conflict between these Terms and Conditions and the specific terms set out in the Online Course Enrolment Agreement, the latter shall prevail,
[A] Use of Site
By using the Site:
- You will be fully responsible for all matters arising from your use of this Site;
- You will not use this Site in any manner which breaches any applicable laws and regulations;
- You will not interfere or attempt to interfere with the operation or functionality of the Site and not to obtain or attempt to obtain unauthorised access, via whatever means, to our systems;
- You agree that we have the right to send you administrative and promotional emails. We may also send you information regarding your account activity, as well as updates about the Site, new Courses as well as any other promotional offers. You are able to opt-out of receiving our promotional e-mails or to unsubscribe such information at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence; and
- You will only use any content, materials or information provided on the Site for personal and non-commercial use only.
[B] Prohibited Use
By using the Site including posting of content or participating in the Courses provided by us, you agree not to upload, post or otherwise transmit or make available any content (including text links, communications, software, images, sounds, data or other information) that is not consistent with the permissible uses outlined in these Terms of Use including, but not limited to the following:
- Content that is inaccurate, misleading, unlawful, harmful, threatening, abusive, tortuous, harassing, defamatory, libellous, explicit, obscene, offensive or otherwise objectionable;
- Content that violates any laws, third party rights, or infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Use or attempted use of crawlers, robots, data mining, extraction tools or any other functionality; and
- Content that contains software viruses, trojan horses, worms, cancelbots or any other computer code or files that are designed to disrupt, damage or limit the functioning of any software or hardware.
[C] Account Creation
You may be required to register for an account with us in order to access the full range of features, information and content available on our Site.
You are responsible to protect and maintain the security of your account details, such as your username, password or any other information that is used as part of our security procedures. You must treat such information as confidential and you must not disclose it to any third party. You are fully responsible for any and all activities that occur under your account.
[D] External and Third Party Sites
The Site may contain links to Sites maintained by third parties (“External Sites”). These External Sites are provided to redirect you to another Site to enable for your reference and convenience only. We do not operate, control or endorse in any respect such External Sites or their content.
Your use of these External Sites is subject to the respective terms of the External Sites and is not governed under these Terms and Conditions. You assume sole responsibility for use of these External Sites and are therefore, advised to review the terms and conditions of those External Sites carefully.
[E] Information and Content on the Site
While we will aim to ensure that the content, materials and information displayed on the Site are accurate, we are not responsible or liable for the accuracy, completeness or correctness of the content, materials or information nor are we responsible or liable for any errors, mistakes or omissions in this respect. We do not make any representations, warranties or guarantees that the Content on the Sites are accurate, complete or up to date.
We reserve the right to modify, amend, edit or delete any content, materials or information made available on the Site without any prior notice to you. You acknowledge and agree that we will not be liable to you for your reliance on any information displayed on our Site.
The Site may contain information or content uploaded by other users of the Site. Such information and materials are not verified or approved by us, and the views expressed by other users on the Site are solely their own and do not represent our views or values.
[F] Intellectual Property
Except for the data, trademarks, service marks or logos on our Sites that are owned by or licensed to other third parties (“Third Party IP”), the copyright and all other intellectual property rights in the content, materials and information published on our Site (including, but not limited to, all trademarks, service marks, logos, design, text, sound recordings, images or links) are our property or that of our affiliates (“our IP”).
Save for your permitted use of our Sites as stated in these Terms, you shall not use, copy, transmit, deep-link, hyper-link, scrape, download, display, duplicate, sell, trade, market, utilize, exploit, publish, distribute, broadcast or reproduce any of our IP or Third Party IP, or any portion thereof, unless you have obtained the prior written approval from us or the owner of the Third Party IP.
[G] Liability and Indemnity
All content, materials and information on the Site is provided on an “as-is” basis and for informational purposes only. You agree that you use this Site at your own risk, and we disclaim:
- All warranties or representations of any kind regarding this Site, its operations or the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any information, content or material included herein;
- To the fullest extent permitted by applicable laws, all conditions and warranties, express and implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose or non-infringement;
- All liability to you or anyone else for any direct, indirect, special, consequential or punitive loss or damage (including without limitation loss of revenue, loss of goodwill, loss of reputation and loss of, or damage to, data), incurred or suffered in connection with the use or inability to use this Site whether based in contract, tort or otherwise even if we are informed of their possibility; and
- All liability to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Site. You must take your own precautions to ensure that whatever you select for use from this Site is free of viruses or anything else that may interfere with or damage the operation of your computer systems.
In the event of any third-party request, loss, liability, proposition, or expense (including lawyer's fees) brought against us arising from or relating to your usage of this Site, you agree to defend, indemnify and hold us harmless against such third-party.
[H] Privacy Policy
We may collect and process and your personal data when you visit or use our Site. By using our Site, you consent to the processing of your personal data as fully described in our Privacy Policy that is accessible at https://popconfest.com/privacy-policy/.
[I] Governing Law
These terms are governed by the laws of Malaysia and should there be any dispute arising from your use of this Site, you agree to submit to the exclusive jurisdiction of the Malaysian courts.
[J] Assignment
You may not assign or transfer any of your rights or obligations under this Terms and Conditions. We reserve the right to assign or transfer our rights or obligations in respect of the Site and these Terms and Conditions to any third party.
[K] Termination
We reserve the right and discretion to terminate your use of the Site at any time or any reason or no reason, with or without notice.
[L] Changes
We may amend or modify these terms from time to time and would advise you to periodically review these Terms and Conditions to be aware of such modifications. In any event, we will notify users of any modification by updating the terms on our Site and by including a “Newly Updated” label for a period of thirty (30) days. After the end of the 30 day-period, the updated version(s) of the Terms and Conditions shall supersede all previous versions of the Terms and Conditions with automatic effect, without any further action by us. You acknowledge and agree that you shall be bound by the terms of the most recent version of the Terms and Conditions found on the Site.
[M] Contact Us
Should you have any complaints or queries regarding the Site and these Terms, please reach out to us at popconfest@gmail.com, +6017-4006266, Lot No 20-21, 20th Floor, Wisma Zelan, No 1 Jalan Tasik Permaisuri 2, Cheras, 56000, Kuala Lumpur, Malaysia.
Last Updated: [28 December 2021]