The Malaysian Entrepreneurs Festival

This Policy is issued by SME Transformation Hub Sdn. Bhd. (Company No. 1128596-V)(“TMEF®”)as a data user pursuant to the Personal Data Protection Act 2010 (“PDPA”), and it shall apply to all Users, Members, merchants, customers, suppliers of TMEF® Hub.
For the purposes of this Policy, the expression “personal data”, “data subject”, “data user” and “data processor” shall have the meaning as defined in the PDPA.
The data subject hereby consents that we may collect, record, hold, store, process and/or otherwise use their data in accordance with this Policy and the PDPA. The data subject shall be deemed to have given such consent to us if he uses or accesses, or continue to use or access TMEF® Hub. This consent shall remain applicable as long as the data subject uses or accesses, or continue to use or access TMEF® Hub.
We reserve the right at our sole discretion at any time to immediately suspend and/or terminate the use of TMEF® Hub by any person in the event such person refuses to grant or withdraws the consent referred to in paragraph 3.
Unless the context otherwise requires, capitalised terms used herein shall have the same meanings assigned to them in TMEF® Hub Terms of Use.
During the course of our activities we may collect, record, hold, store and/or process personal data about our Users, Members, merchants, customers, suppliers and other third parties in any medium whether electronically or otherwise, for the purposes of the activities on TMEF® Hub and any other purposes permitted under the law and the PDPA, and we recognise that the correct and lawful treatment of this data will maintain the confidence of users and third parties in us.
Personal data includes name, company name, address, contact details and type of industry. We may also collect, record, hold, store and/or process the following information: device information, log information, browsing history, internet protocol address, cookies and location information.
Data processors include any person or organisation that is not a data user that processes personal data on our behalf and/or on our instructions. Such data processors shall comply with this Policy when processing any data on our behalf and/or on our instructions.
You hereby acknowledge, confirm and consent that we may collect, record, hold, store and/or process your data for the following purposes:
1. in all matters pertaining to the contract entered or to be entered into between you and us, or between any Users;
2. for the purposes of processing your request and/or queries;
3. for the purposes of providing you with our services;
4. to conduct analysis and evaluation of our website and services in order to assist us to improve our website and services;
5. monitoring compliance with the agreement in paragraph (a) and our rules and policies with respect to the usage of TMEF® Hub and any other applicable laws;
6. complying with the compliance and disclosure requirements of any and all governmental and/or quasi-government departments, agencies, regulatory and/or statutory bodies;
7. complying with any legal obligation binding on us under any law, rule, regulation, by-law, order, guideline, directive, policy and such other requirements in force and as amended from time to time;
8. enforcing our rights under the agreement in paragraph (a) and our rules and policies with respect to the usage of TMEF® Hub or any other applicable laws to defend our rights;
9. for the purposes of record-keeping in the ordinary course of our business;
10. for the purposes of circulating, transmitting and/or delivering to you, by any means (including emails, short messaging services, regular mails and other means), promotional materials (including products, services, new launches, upcoming events, promotions, advertisements, marketing and commercial materials) relating to our services; and
11. for any purposes relating to the activities or transactions on TMEF® Hub.
The Users, Members, merchants, customers, suppliers and other third parties, whether past, current or prospective, shall be aware that failure to supply the relevant data to us may affect our ability to perform our obligations with relevant parties and/or affect the Users, Members, merchants, customers, suppliers and third parties’ ability to enjoy their respective benefits from us.
Data held by us relating to the Users, Members, merchants, customers, suppliers and other third parties will be kept confidential and we may provide such information to the following parties for the purposes set out in paragraph 9 above:
1. the Users or Members;
2. our affiliates and associated companies;
3. any person to whom we are under an obligation to make disclosure under law, rule, regulation, by-law, order, guideline, directive, policy;
4. any court and/or officer of the court;
5. our legal advisers and compliance professionals; and
6. our professional advisers, service providers and vendors.
You may request access to and correction of, your personal data and/or limit the processing of your personal data, or make any enquiries or complaints in respect of your personal data, by contacting us at pdpa@tmef.com.my.
If you no longer wish to receive emails or short messaging texts from us, kindly click on the unsubscribe link included in every email or short messaging text and follow the instructions included in such email or short messaging text.
We reserve the right to amend this Policy at any time and will ensure that a notice of such amendments will be made available to you through our website or through any other mode we view appropriate and suitable. Your continued use or access of TMEF® Hub shall be treated as your agreement to the amendments.
You are responsible for ensuring that the data that you provide to us is accurate, complete and not misleading and that such data is kept up-to-date, and you shall promptly keep us informed in the event the data is inaccurate, incomplete, misleading or not up-to-date and you shall provide us the true, accurate, complete, and updated data.
If you give us personal data or information about another person, you confirm that he/she has appointed you to act for him/her, to consent to the processing of his/her personal data and to receive on his/her behalf any data protection notices.
We will retain your data for as long as necessary for the fulfilment of the purposes set out in this Policy or as is required to satisfy any legal, regulatory and/or accounting requirements.
Your continued use of our website is deemed consent for us to collect, record, hold, store and/or process your data.

TMEF^® Hub is owned by DNL Events Sdn Bhd (Company No. 1029816-M) - Duta Events^®. By using this TMEF^® Hub, you are deemed to have read and accepted these terms and conditions.

APPLICATION
1. These Terms of Use applies to any person who browses, visits, accesses and/or uses TMEF^® Hub.
2. By accessing, using or continuing to access or use TMEF^® Hub, you, the User signifies that you have read, understood and agreed to be bound by these Terms of Use, and other guidelines or policies as may be formulated by Duta Events^® from time to time, regardless of whether you are registered on TMEF^® Hub.
INTERPRETATION
1. In these Terms of Use, unless the context requires otherwise, the following words and expressions shall have the following meanings:
  
  “TMEF^® Hub”
  
  means the website at www.tmef.com.my and any subdomain thereof, and its related mobile applications (if any), related databases and supporting software operated by Duta Events^® to which the Users are entitled to gain access, but excluding equipment, software and telecommunication configurations or links belonging to Duta Events^®, the Users or any third party;
  
  “Member”
  
  means a person who is registered and approved by Duta Events^® as a general member on TMEF^® Hub;
  
  “User”
  
  means any person who browses, visits, accesses and/or uses TMEF^® Hub, whether registered or not and whether active, semi- active or inactive user, and includes the Negotiator (as the case may be), the Advertiser (as the case may be) and the Member (as the case may be), and “Users” means any two or more of them.
  
  “Duta Events^®”
  
  means DNL Events Sdn. Bhd. (Company No. 1029816-M), a company incorporated in Malaysia under the Companies Act 1965 and having its registered address at No 17-1, Jalan Mahkota Residence 2, Persiaran Mahkota Cheras, 43200 Cheras, Selangor, and is the operator of TMEF^® Hub;
  
  “Intellectual Property”
  
  means patents, trademarks and service marks, rights in designs, trade or business names and copyrights (whether or not any of these is registered and including pending applications for registration of any such thing) and rights under licenses and consents in relation to any such thing and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world;
  
  “Advertisement”
  
  means the advertisement placed by the Advertiser on TMEF^® Hub (including but not limited to real estate and real estate related products);
  
  “Advertiser”
  
  means a person who advertises on TMEF^® Hub;
  
  “Content”
  
  means all content available on TMEF^® Hub, whether created by Duta Events^® and/or the User, including any communication or correspondence between any User, Member and/or Negotiator, any organization, layouts, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings and other materials, and includes the Listings and the Advertisements;
  
  “Party”
  
  means any person who browses, visits, accesses and/or uses TMEF^® Hub, whether registered or not and whether active, semi- active or inactive user, and includes the Negotiator (as the case may be), the Advertiser (as the case may be) and the Member (as the case may be), and “Parties” means any two or more of them.
2. References to statutory provisions shall be construed as references to those provisions as amended or re-enacted or as their application is modified by other provisions (whether before, on or after the date hereof) from time to time and shall include any provisions of which there are re-enactments (whether with or without modification).
3. References herein to Clauses and Schedules are to clauses in and schedules to these Terms of Use unless the context requires otherwise and the Schedules to these Terms of Use shall be deemed to form part of these Terms of Use.
4. Any reference to “these Terms of Use” is a reference to these TMEF^® Hub Terms of Use (including the schedules) and any written amendments, supplementals or novations of these Terms of Use from time to time, and includes a reference to any document which amends, waives, is supplemental to or novates the terms of these Terms of Use.
5. Any reference to “writing”, or cognate expressions, includes any communication effected via TMEF^® Hub, electronic mail, phone communication, facsimile transmission or other comparable means.
Trademark
1. The TMEF^® name and logotype together with its emblem are registered trademarks of Duta Events^®. All rights reserved. Other trademarks that appear on this site are the property of their respective owners.
FEATURES OF TMEF^® HUB
1. Duta Events^® is the operator of TMEF^® Hub, a website which has the following features but not limited to:
  1. invitation to events held by TMEF^®
  2. reservation of tickets to events held by TMEF^®
  3. QR Scanner and vCard for networking purposes
  4. SME news update from the news portal
USE OF TMEF^® HUB
1. Each Member shall have his own username and password to log into TMEF^® Hub, and the Member shall be responsible for safeguarding his username and password, and other security processes and devices that may be provided by Duta Events^®. Each Member hereby represents, covenants and undertakes to ensure that only the Member shall have access to TMEF^® Hub by using the Member’s login details, and any login to TMEF^® Hub by using the Member’s login details shall be deemed to have been made by the Member.
2. The Member shall not misuse his login details and TMEF^® Hub to the detriment of Duta Events^® and TMEF^® Hub.
3. Each User undertakes, covenants and agrees to perform, execute and carry out the following:
  1. to comply with these Terms of Use, and other rules, regulations and policies as may be formulated by Duta Events^® from time to time with respect to TMEF^® Hub;
  2. to perform all acts necessary for the discharge of his obligations under these Terms of Use;
  3. to keep the Confidential Information secret and confidential and shall not use, divulge or communicate to any person (save as may be required by law or any legal or regulatory authority) any Confidential Information, and shall use his reasonable endeavors to prevent the publication and/or disclosure of any Confidential Information, and shall only use the Confidential Information for the purposes of proposing, considering or making transactions through TMEF^® Hub, and this obligation shall subsist even after the User ceases to be a user of TMEF^® Hub;
4. The User acknowledges the following:
  1. that the User accesses or uses TMEF^® Hub at his own risk;
  2. that the Content and material available on TMEF^® Hub shall be for informational purposes only;
  3. that it places and has placed no reliance whatsoever on any representations, agreements, statements or undertakings, whether oral or in writing, made or alleged to have been made by Duta Events^® in relation to any Contents, activities and/or outcomes on TMEF^® Hub;
  4. Duta Events^®’s involvement in the transactions between the Users is strictly limited to the provision of TMEF^® Hub for Users to use it in accordance with the provisions of these Terms of Use, and Duta Events^® is not privy to any communication, dealing and/or transaction between any Users, Members and/or Negotiators;
  5. the User shall assume all responsibility for all transactions carried out by the User via TMEF^® Hub;
  6. that Duta Events^® does not guarantee the success of any activities, outcomes, transactions or deals on TMEF^® Hub;
  7. that Duta Events^® provides TMEF^® Hub on as “as is” basis and makes no representation as to the quality, completeness or accuracy of any Content made available on TMEF^® Hub;
  8. that the Content, representations and warranty in respect of the Listings and Advertisements are made solely by the respective Listers and Advertisers and Duta Events^® shall hold no responsibility for any part thereof;
  9. that Duta Events^® does not warrant TMEF^® Hub will be protected against any malicious attack and that the data will not be compromised under such attack; and
  10. that the registration of any User on TMEF^® Hub is not a guarantee on the creditworthiness, genuineness and trustworthiness of the User.
RIGHTS AND POWERS OF DUTA EVENTS^®
1. The User hereby irrevocably authorizes Duta Events^® to do the following:
  1. to obtain and verify any information about the User as Duta Events^® may in its sole and absolute discretion deem fit, including for the purpose of complying with any anti- money laundering laws, and the User shall immediately provide such information when requested by Duta Events^®, and the User authorizes all sources to which Duta Events^® may apply to obtain any information which Duta Events^® may require; and
  2. disclose any information and/or data relating to the User and its account to any government or regulatory agency or authority, any credit bureau, any other third parties, service providers, agents or business partners, and any other person to whom disclosure is permitted and/or required by the law.
2. Duta Events^® shall have the right but not the obligation to appoint third parties to carry out the responsibilities and obligations, and/or to exercise the rights, of Duta Events^® under these Terms of Use.
3. Duta Events^® shall have the sole discretion to determine the placement and position of the Listings and Advertisements on TMEF^® Hub.
4. Duta Events^® reserves the right at its sole discretion to remove any Contents from TMEF^® Hub without assigning any reason thereof.
5. Duta Events^® reserves the right at its sole discretion to immediately suspend and/or terminate the use of TMEF^® Hub by any User without assigning any reason thereof, without warning and/or notice, and the User shall have no claims or actions of whatsoever nature against Duta Events^® or its affiliates with respect to such suspension and/or termination.
6. Duta Events^® shall not be liable for acting in good faith upon any instructions and/or postings from the User. Such instructions and/or postings shall be deemed irrevocable and binding upon the User upon Duta Events^®’s receipt notwithstanding any error, fraud, forgery, lack of clarity or misunderstanding in respect of such instructions and/or postings.
DEALING WITH ADVERTISERS
1. The Advertisers may insert links to third party websites on the Advertisements. Duta Events^® shall not be responsible for the Contents available on the third party websites.
2. The Users hereby acknowledge that the correspondence, activities, transactions or dealings between the Users and the Advertisers, including payment and delivery of related products, and any other terms, conditions, warranties, representations shall be solely between the Users and the Advertisers; Duta Events^® is not privy to such correspondence, activities, transactions and dealings; and Duta Events^® shall not be responsible or liable for any loss or damage of whatsoever nature arising from such correspondence, activities, transactions or dealings.
COOKIES
1. TMEF^® Hub uses cookies. The User shall have cookies enabled on his computer in order for all functionality on TMEF^® Hub to function accordingly.
LINKS TO THIRD PARTY WEBSITES
1. TMEF^® Hub may contain links and/or references to other websites, and vice versa. Duta Events^® shall not be responsible for the Contents available on the third party websites.
FORCE MAJEURE
1. Duta Events^® shall not be liable to the other party and shall not be deemed to be in breach of these Terms of Use by reason of any delay in performing or failure to perform any of its obligations under these Terms of Use if the delay or failure was caused by an event of force majeure.
2. Without prejudice to the generality of the foregoing provision, force majeure shall include but not limited to the following:
  1. act of God, including but not limited to fires, explosions, earthquakes, drought, tidal waves and floods, or accident;
  2. war, threat of war, act of terrorism or threat of terrorism, sabotage, insurrection, civil disturbance or requisition;
  3. restrictions imposed by any law, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority;
  4. interruption of traffic, strikes, lock-outs, or other industrial actions or trade disputes (whether involving the employees of Duta Events^® or third party);
  5. breakdown of internet services for any reason whatsoever, save for the willful misconduct of Duta Events^®;
  6. other unforeseeable circumstances beyond the control of the Party against which it would have been unreasonable for the affected Party to take precautions and which the affected Party cannot avoid even by using its best efforts.
3. Duta Events^® shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to an event of force majeure.
4. Upon the occurrence of an event of force majeure, Duta Events^® may at its options do any of the following:
  1. fully or partially suspend delivery and/or performance of its obligations under these Terms of Use when such event of force majeure continues; or
  2. terminate these Terms of Use with immediate effect by written notice to the User and Duta Events^® shall not be liable for any loss, damage, penalty, demand, claim, fines, costs and expenses suffered or incurred by the User as a result thereof.
PERSONAL DATA PROTECTION
1. The User hereby agrees that Duta Events^® may collect, store, process, disclose, access, review and/or use personal data about the User, whether obtained from the User or from other sources, in accordance with the Personal Data Protection Act 2010, and the Personal Data Protection Policy of Duta Events^® made available on TMEF^® Hub.
INDEMNITY
1. The User shall, at all times, defend, indemnify and keep indemnified Duta Events^® in full for all losses, costs, expenses, claims, demands, awards, fines, penalties, liabilities of whatsoever nature (whether present, future, contingent or otherwise and including legal fees on a full indemnity basis) and howsoever arising, which may be sustained, suffered or incurred by Duta Events^® as a result of the following:
  1. any act or omission of the User, including the use of TMEF^® Hub;
  2. any breach, potential breach or threatened breach of the User’s obligations under these Terms of Use, or any statutory requirement, duty or law; and/or
  3. the User’s fraud, misconduct or misuse of any technology or any Intellectual Property rights under these Terms of Use.
2. The User agrees and undertakes to pay on demand, any amounts owed pursuant to this Clause.
LIABILITIES
1. Each User acknowledges that his or her use of TMEF^® Hub is at his or her own risk.
2. In no event shall Duta Events^®, its officers and employees be liable to the User for any loss of business, profits, revenue or goodwill, and any indirect, consequential, special, exemplary or punitive losses or damages, whether arising from negligence, breach of contract or otherwise.
3. The User agrees that Duta Events^® shall not be liable for any loss, liability, damages, costs or expenses of any kind incurred by the User in connection with any unauthorized use of TMEF^® Hub, any use, delay or inability to use TMEF^® Hub, and/or the inability to obtain access to or to transact over TMEF^® Hub.
4. Duta Events^® shall in no manner be responsible for the conduct of any User and shall not be liable for any action or proceedings taken by any User against any other party, and vice versa.
RELATIONSHIP OF PARTIES
1. Nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship between the Parties. No Party has authority to enter into agreements of any kind on behalf of the other Party.
VARIATIONS
1. Duta Events^® reserves the right to amend, vary and/or supplement these Terms of Use from time to time. The User shall be notified of any amendments of these Terms of Use via announcement on TMEF^® Hub.
2. The User’s continued use of TMEF^® Hub on or after the date on which any amendments, variations and/or supplements come into effect shall be construed as the User’s agreement to be bound by the amended Terms of Use.
NOTICES
1. The communications between Duta Events^® and the User shall be made through TMEF^® Hub, by email or phone communication.
2. In certain circumstances where Duta Events^® considers that a termination event may have occurred, Duta Events^® may give any notice required under these Terms of Use in writing and arrange for it to be emailed or telecommunication to the recipient at the current address held in Duta Events^®’s record.
3. All notices and communications are effective upon delivery.
BINDING EFFECT
1. These Terms of Use shall be binding upon the respective successors-in-title and permitted assigns of the Parties. The User shall not assign or transfer its rights, title, interests and benefits under these Terms of Use or any of its liabilities and obligations hereunder without the prior written consent of Duta Events^®.
GOVERNING LAW AND JURISDICTION
1. These terms are governed by Malaysian law.
WHOLE AGREEMENT
1. These Terms (together with the documents referred to) constitute the whole agreement between Duta Events^® and Member and supersedes any other agreement, letters, correspondence (oral or written or expressed or implied) entered into prior this Terms in respect of matters dealt with in this Terms.
SEVERABILITY
1. Any Term, condition, stipulation, provision, covenant or undertaking in this instrument which is illegal, void, prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions hereof, and such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void or unenforceable any other Term, condition, stipulation, provision, covenant or undertaking herein contained.

The TMEF® Website (the “Site”) is an online information service provided by SME Transformation Hub Sdn Bhd, subject to your compliance with the terms and conditions set forth below.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. TMEF® MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are TMEF®, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to TMEF® a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to TMEF® by all means and in any media now known or hereafter developed. You also grant to TMEF® the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against TMEF® for any alleged or actual infringement or misappropriation of any proprietary right in your communications to TMEF®.
1. TRADEMARKS.
  Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of TMEF®. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by TMEF®, TMEF® does not operate, control or endorse any information, products or services on the Internet in any way. Except for TMEF®- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with TMEF®.

a. You also understand that TMEF® cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. TMEF® PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND TMEF® SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. TMEF® DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. TMEF® HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL TMEF® BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF TMEF® OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, TMEF® LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. TMEF® makes no representations whatsoever about any other website which you may access through this one or which may link to this Site. When you access a non-TMEF® website, please understand that it is independent from TMEF®, and that TMEF® has no control over the content on that website. In addition, a link to a TMEF® website does not mean that TMEF® endorses or accepts any responsibility for the content, or the use, of such website.
Indemnification.
You agree to indemnify, defend and hold harmless TMEF®, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
Third Party Rights.
The provisions of paragraphs 2 (Use of the Site), and 3 (Indemnification) are for the benefit of TMEF® and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of Malaysia applicable to agreements made and to be performed in Malaysia. You agree that any legal action or proceeding between TMEF® and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Malaysia. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. TMEF®’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. TMEF® may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

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