The Terms and Conditions applied are here to ensure that both parties are able to utilize the platform in the best way possible. It also reassures that any use of information or data collected will be done responsibly.
These Standard Terms of Service shall manage your use/subscribe of the Eduloco platform (“Sites”), as subscribers of our portals administered and managed by Elfo Sdn Bhd (“Elfo”, “we,” or “us”).
Eduloco is a one-stop-centre, with free of charge information about universities and colleges for users to search, compare and submit their applications to universities and colleges (“Services”). By using the Services or accessing any content or material that is made available on the Sites or its subscribers through the Services you understand and agree to accept and adhere to the following terms and conditions as stated herein.
Please read the following Terms of Service carefully as they contain important information about the Services provided to you. You acknowledge that you have read and understood the Terms of Service, accept these Terms of Service, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Terms of Service or to be bound by them, then you will not be granted the required authorization to access and use the Services including without limitation, any of the various products and other content materials or related services offered by Elfo and its affiliates.
The Terms of Service is a contract between you and us. By clicking and checking the box, you acknowledge and confirm that you have reached the legal age of majority and expressly indicate that you accept and agree to comply with all of the terms and conditions set forth of the Agreement.
We reserve the right to change the Terms of Service from time to time along with the Services without notice. You acknowledge and agree that it is your responsibility to review the Terms of Service periodically to familiarize yourself with any modifications. In the event of material changes to the Terms of Service, we will notify you at least 14 days before these new Terms of Service apply to you, by issuing notice accessible through your use of the Services or by email to your registered email account. Please therefore make sure you read any such notice carefully. Your continued use of the Services after such modifications will constitute acknowledgment and agreement of the modified Terms of Service. If you don’t agree with the new Terms of Service, you are free to reject the Agreements by contacting us at [email protected]; unfortunately, that means you will no longer be able to use the Services.
We reserve the right to determine what conduct it considers (considered) to be in violation of the Terms of Service or otherwise outside the intent or spirit of these Terms of Service. We reserve the right to take action as a result, which may include prohibiting you from using the Services in whole or in part.
The Services is (are) integrated with third party applications, websites, and services (“Third–Party Applications”) to make available content, products, and/or services to you. These Third-Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third-Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that we do not endorse and is (are) not responsible or liable for the behaviour, features, or content of any Third-Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
All materials contained on the Services including all content, marks, data, works, software, graphics, text, layouts, information, music, video, images, scripts, designs, button icons, instructions, illustrations, logo, trademarks, look and feel of the Sites and all other intellectual property rights related thereto (“Proprietary Materials”) are owned or controlled by us or affiliated companies, our third party licensors. Except with our consent, you shall not use the Proprietary Materials, in any way whatsoever, other than those provided for herein.
Information that is publicly shared may be used by us for promotional purposes. Your user generated content is not confidential or proprietary. By displaying, publishing, or otherwise posting any user generated content through the platform, including any communications, materials, information, opinions, comments and other content posted and/or submitted by you in accessing the Sites, you hereby grant us a non-exclusive, transferable, sub-licensable, royalty free, perpetual right license to use, modify, publicly perform, publicly display, reproduce, and distribute such user generated content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party, or the need to seek any third party permission.
You promise that you own or control all rights in any user generated content that you post on the Sites. You are responsible for ensuring that any user generated content that you post do not, and will not, infringe or violate anyone else’s right, including copyright, trademark, patent, trade secret, privacy, publicity, or other personal or proprietary rights. You promise not to submit user generated content unless you are the owner or have permission from the owner to post such user generated content.
We are not responsible or liable for any user generated content or other content posted on the Sites or for any offensive, unlawful or objectionable content you may encounter on or through the Sites.
We do not pre-screen user generated content. We do not guarantee the Sites will be free from user generated content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. We are merely acting as a passive gateway for such distribution and is (are) not undertaking any obligation or liability relating to any user generated content or activities of users on the Sites. That said, we reserve the right to, edit, remove, or refuse to post any user generated content or refuse our Service to you.
Flaming and insults are prohibited. Do not post photos or videos of another person without that person’s consent. Do not “stalk”, intimidate, abuse, harm or harass another user or person.
Do not post personal information. Do not collect or solicit personal information from other users or send unsolicited emails or other communications. Do not collect, use or post on the Sites the private information of anyone else without their consent or for illegal purposes.
The Sites is not to be used for your commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Sites or accept payment from a third party in exchange for your performing commercial activity on the Sites. Do not post any user generated content that involves the transmission of “junk mail”, or “chain letters”, or unsolicited mass mailing or “spamming”. Do not use automated scripts to collect information from, or otherwise interact with the Sites.
You are solely responsible for your interactions with other people, whether online or in person. We are not responsible or liable for any loss or damage resulting from any interaction with other users, persons you meet through the Sites, or persons who find you because of the information you posted on, by, or through the Sites. You agree to take reasonable precautions in all interactions with other users, and conduct any necessary investigation before meeting another user/person. We are under no obligation to become involved with any user dispute, but may do so at our own discretion.
We reserve the right in our sole discretion to terminate or restrict your use of all or any part of the Sites, without notice, for any or no reason, and without liability to you or anyone else. The Terms of Services relating to Proprietary Rights, Indemnification, Warranty and Disclaimer and Limitation shall survive any termination.
Although we will endeavour to provide the Services in the best possible way without interruptions, you understand and agree that the Services is provided “as is” and “as available”, without any express or implied warranty, condition or assurance of any kind. This means that we do not represent or warrant to you that:
You are using the Services at your own risk and for a variety of reasons. This section shall apply to the greatest possible extent permitted under applicable law.
To the fullest extent allowed by applicable law, under no circumstances (including without limitation, tort, contract, strict liability or otherwise) shall we (or our licensors or suppliers) be liable to you or to any other person for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; or (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the Services, third party applications, or third party application content, regardless of legal theory, without regard to whether we have been made aware of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) any matter beyond our reasonable control.
You assume total responsibility for your use of the Sites. Your only remedy against us for dissatisfaction with the Sites or any content is to stop using the Sites. If we however found to be liable to you for any damage or loss which is in any way connected with your use of the Sites or any content, our liability shall not exceed RM10.00.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies as well as any respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including legal fees that arise from your use or misuse of the Service or the use of user generated content you submitted, posted, or otherwise provided to us or this Sites. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
Unless as otherwise stated in the Terms of the Service, should any provision of the Terms of the Service be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms of the Service, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by us or any third-party beneficiary to enforce the Terms of the Service or any provision thereof shall not waive our or the applicable third-party beneficiary’s right to do so.
We may assign and delegate any of our rights and obligations under the Terms of the Service to any individual or entity at our discretion. You may not assign the Terms of the Service or any part of them, nor transfer or sub-license your rights under the Terms of the Service, to any third party.
The Terms of the Service are governed by and will be construed under the laws of Malaysia, without regard to the conflicts of law’s provisions thereof. Furthermore, any action to enforce the Terms of the Service shall be brought in the courts located in Malaysia. You hereby agree to the jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
You agree that the Terms of the Service and any additional terms are the complete and exclusive statement of the mutual understanding between you and us, and it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of the Service.