These Terms of Use constitute the entire agreement between you and Talent Corporation Malaysia Berhad (“TalentCorp”) regarding your access, use and provision of any information, data and/or other content to the mygemsportal.com.my.

Use and access of this mygemsportal.com.my infers your acknowledgement and acceptance of these Terms of use as the same may be amended from time to time. The use of the site and any materials contained herein is permissible only in accordance with the following terms of use.

Access to the mygemsportal portal

  • The mygemsportal.com.my is designed to provide you with the ability to access and use the learning management system and all learning contents including but not limited to tutorials, articles, videos, modules and interactive lessons (“Learning Contents”).

User Generated Content

  • You are welcome to post comments, ideas and discussion points on any relevant topic, provided that you comply with these Terms of Use. You can respond to the original post or to comments from other users. TalentCorp may choose to edit or remove your topic, as outlined below.
  • In order to use this comment feature available on the mygemsportal.com.my, you must log in using your Facebook, Twitter, LinkedIn and Google+ account or any other social media platforms account which may be included by TalentCorp from time to time. You are responsible for maintaining the confidentiality of your social media platforms account login information and are fully responsible for all activities that occur under the account, including any transactions into which a person enters using your social media platforms login, with or without your consent.
  • TalentCorp may publish on the mygemsportal.com.my any material generated, uploaded, posted, emailed or otherwise submitted by you in the course of your usage of any features available on the mygemsportal.com.my (“User Generated Content”).
  • All User Generated Content published on the mygemsportal.com.my remains published at the sole discretion of TalentCorp. It may remain on the mygemsportal.com.my for an indefinite period or may be removed at any time, at the sole discretion of TalentCorp.
  • TalentCorp may monitor, moderate or exercise editorial control over User Generated Content and reserves the right but is not obligated to assess or examine the User Generated Content after it is submitted or after it is posted on the mygemsportal.com.my.
  • TalentCorp may edit User Generated Content or remove User Generated Content from the mygemsportal.com.my if, in the opinion of TalentCorp, that User Generated Content:
    • is incompatible with TalentCorp’s policy;
    • is misleading or false, or impersonating another living person;
    • is potentially libellous or defamatory;
    • is abusive, threatening, harassing, hateful, insulting, offensive, obscene, blasphemous or racially vilifying;
    • is of nuisance value, inappropriate, off topic or vexatious;
    • is spam, promotes a product or commercial services, or solicits business;
    • compromises your privacy or that of someone else, or breaches confidentiality;
    • is deliberately provocative of other users;
    • infringing the proprietary rights, copyrights or trademarks of any party; or
    • advocating any illegal activity.
  • You grant TalentCorp a perpetual, non-exclusive, world-wide, royalty free, sub-licensable license to the User Generated Content, which includes without limitation the right for TalentCorp or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any User Generated Content posted by you on or to the mygemsportal.com.my.

Intellectual Property Rights

  • All material and services available on the mygemsportal.com.my , and all material and services provided by or through TalentCorp, its affiliates, subsidiaries, employees, agents, licensors, or other commercial partners including, but not limited to the Learning Contents, User Generated Content, software, all informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (“Portal Content”), are owned by TalentCorp or other parties that have licensed their material or provided services to TalentCorp and are protected by copyright, trademark, trade secret, and other intellectual property laws.
  • All TalentCorp’s trademarks and service marks, logos, slogans, and taglines are the property of TalentCorp. All other trademarks, service marks, logos, slogans, and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on this mygemsportal.com.my without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.

Restrictions On Use

The Portal Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of TalentCorp, except that:

  • You may download, print, distribute and use pages from this mygemsportal.com.my for your own personal, informational and non-commercial purposes only;
  • Any copies of documents or pages from this mygemsportal.com.my must not alter the original mygemsportal.com.my content and must include the copyright notice: COPYRIGHT 2014 mygemsportal.com.my ALL RIGHTS RESERVED.
  • You may link to mygemsportal.com.my provided that the link does not falsely imply or suggest that TalentCorp has endorsed or is affiliated with the linked website.

Users of this mygemsportal.com.my must not:

  • Monitor, gather or copy any Content on this mygemsportal.com.my by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind or any other technological means (including any technology available in the future);
  • Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout);
  • Attempt to create or compile, directly or indirectly, a collection, compilation, database or directory of this mygemsportal.com.my by any retrieval system without the written permission of TalentCorp;
  • Attempt to circumvent the security systems of this mygemsportal.com.my; and
  • Attempt to use this mygemsportal.com.my for any purposes other than those intended by TalentCorp, as determined by TalentCorp in its sole discretion.

License to Use

You are licensed by TalentCorp to use the Learning Contents on this mygemsportal.com.my for non-commercial, educational and personal purposes only. The license granted herein does not permit you and you agree not to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher, or otherwise attempt to discover any programming code or any source code used in or with the Learning Contents or otherwise distribute in any way the Learning Contents other than as specifically permitted in this Terms of Use.

The Learning Contents on this mygemsportal.com.my may be used for bona fide non-commercial educational purposes only. You may not use Learning Contents for or in any commercial or for-profit manner including but not limited marketing, merchandise or services and/or in connection with premiums or promotions, charge anyone for the Learning Contents, incorporate the Learning Contents into a product that you sell for profit, you may not use the content to advertise or promote a product, and you may not use the Learning Contents on this mygemsportal.com.my in any other manner that may be construed as an endorsement, express or implied, of any party, product, or other entity.

Suspension

Without prejudice to any other rights, TalentCorp reserves the right to suspend your access to any and all aspects of the mygemsportal.com.my in the event you breach any of the Terms of Use.

Privacy

Your privacy is important to TalentCorp. mygemsportal.com.my’s Privacy Policy and TalentCorp’s Data Protection Notice are hereby incorporated into these Terms of Use by reference. Please read the Privacy Policy and Data Protection Notice carefully for information relating to TalentCorp’s collection, use, and disclosure of your personal information.

Disclaimers

 

  • Information

    • The information contained in this mygemsportal.com.my is for your general information and use only. Your use of any information or materials on this mygemsportal.com.my is entirely at your own risk, for which TalentCorp shall not be liable.
    • Neither TalentCorp nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, suitability or quality of any information transmitted or obtained through the mygemsportal.com.my for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and TalentCorp expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law
    • TalentCorp shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension or termination of the mygemsportal.com.my or for the contents, accuracy or quality of information available or transmitted through the mygemsportal.com.my
    • To the fullest extent permitted by law, TalentCorp disclaims any representation or warranty, whether express or implied, as to the title, fitness for a particular purpose, merchantability, accuracy or standard of quality of the mygemsportal.com.my and/or any database content (whether maintained by TalentCorp or otherwise), and no warranty whatsoever is given that the mygemsportal.com.my will be uninterrupted or error free, or in relation to the database content obtained or to be obtained from or through use of the mygemsportal.com.my unless otherwise specifically mentioned in this Terms of Use.
    • Every effort is made to keep this mygemsportal.com.my up and running smoothly. However, TalentCorp takes no responsibility for, and will not be liable for, the mygemsportal.com.my being temporarily unavailable due to technical issues beyond our control.
    • TalentCorp does not warrant that the mygemsportal.com.my and its operation or process will be free of any operational errors nor that it will be free of any computer virus, computer worm, Trojan horse or other harmful or malicious contents.
  • Link to the Other Sites

    • Through this mygemsportal.com.my you are able to link to other websites which are not under the control of TalentCorp. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
    • A reference or link on this site to any persons, products, websites or services does not constitute or imply their endorsements, recommendation or favouring by TalentCorp.
    • TalentCorp reserves the right to remove any hyperlink at any time and without notice and shall not be obliged to give a reason for doing so.

 

Representations and Warrants

You hereby represent and warrant that:

  • At all times, it is your responsibility to ensure you shall comply with all applicable laws and regulations.
  • You shall comply with these Terms of Use and Privacy Policy and such other notices or guidelines that may be posted on the mygemsportal.com.my by TalentCorp from time to time (which are hereby incorporated by reference into these Terms of Use);
  • You shall not use the information obtained as a result of the use of the mygemsportal.com.my for any purpose whatsoever other than for the educational and personal purpose.
  • You shall not infringe on the intellectual property rights of any Learning Contents or download and copy information obtained through use of the mygemsportal.com.my with the intention to do so.
  • You shall not use the mygemsportal.com.my for any unlawful purpose including, but not limited to, the introduction or transmission of any data or program containing computer virus, computer worm, Trojan horse or other harmful or malicious codes.
  • You shall not create or post User Generated Content of any type through the mygemsportal.com.my that may contain malicious, immoral, derogatory or otherwise illegal materials.
  • You agree to defend, indemnify and hold harmless TalentCorp from and against any claims, actions or demand, alleging or resulting from your use of the mygemsportal.com.my or your breach of the Terms of Use.

Termination

  • You agree that TalentCorp, in its sole discretion, may in its sole discretion and at any time discontinue providing access to the mygemsportal.com.my, or any part thereof, with or without notice.
  • You agree that any termination of your access to the mygemsportal.com.my may be affected without prior notice, and you agree that TalentCorp will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies TalentCorp may have at law or in equity.
  • Your only remedy with respect to any dissatisfaction with:
    • the mygemsportal.com.my ;
    • any term of these Terms of Use and the Privacy Policy;
    • any other guidelines, policy or practice of TalentCorp in operating the mygemsportal.com.my portal ; or
    • any content or information transmitted through the mygemsportal.com.my ,

is to terminate these Terms of Use by discontinuing use of any and all parts of the mygemsportal.com.my.

Variation

TalentCorp reserves the right to modify or replace any part of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of or access to the mygemsportal.com.my following the posting of any changes to these Terms of Use constitutes acceptance of those changes. TalentCorp may also, in the future, offer new services and/or features through the mygemsportal.com.my (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of these Terms of Use.

Waiver

No waiver of any rights or remedies by TalentCorp shall be effective unless made in writing and signed by an authorised representative of TalentCorp.

A failure by TalentCorp to exercise or enforce any rights conferred upon it by these Terms of Use shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

Governing Law & Jurisdiction

These Terms of Use and all matters relating to your access to, or use of, this mygemsportal.com.my shall be governed by and construed in accordance with the laws of Malaysia.

You hereby agree to submit to the non-exclusive jurisdiction of Malaysian courts.

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