The following terms and conditions apply to your access and the use of this website and the services provided by FOMEMA Sdn. Bhd. and its affiliates (hereinafter referred to as ‘FOMEMA’). By clicking on the terms and conditions box, you agree to be bound by these terms and conditions without limitation or qualification.
If you do not accept these terms and conditions, please immediately discontinue your access to this website and/or use our services.
1.Welcome Note
Thank you for visiting us!
All services provided by FOMEMA herein are subject to the terms and conditions of the applicable agreements governing their use. These terms and conditions are meant to regulate your access to this website and they are to be read together with the applicable terms and conditions governing any transaction(s) and/or service(s) provided on this website. In the event of a conflict between these terms and conditions and the terms and conditions governing the relevant transaction(s) and/or service(s) provided herein, the latter shall prevail.
The information, material, functions and content provided in the pages of the website may be changed from time to time with or without notice at FOMEMA’s absolute discretion. Your continued access or use of the website and/or the services provided herein subsequent to any such change will be deemed as your acceptance to those changes.
2. Using the Services
You are expected to use our services as permitted by law, lawful at all times. We may suspend or stop providing our services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
By using our services, it does not give you ownership of any intellectual property rights in our services or the content you access. Unless with permission, you may not use content from any of our services. This includes any of our branding, logos, and content used in our services. You are prohibited to remove, obscure, or alter any legal notices displayed in or along with our services.
3. Your Account
You are responsible to protect your employer’s account. Do keep your password confidential.
4. External Links
Links from or to websites outside this website are meant for convenience only. Such linked websites are owned and operated by third parties and as such are not under the control of FOMEMA. Therefore FOMEMA shall not be responsible and makes no warranty in respect of the contents of those websites, the third parties named therein or their products and services. Linking to any other site is at your sole risk and FOMEMA will not be responsible or liable for any damages in connection with the linking.
5. Privacy Policy Notice & Data Protection Notice Obligations
You agree to our Privacy Policy Notice incorporated herein by reference and accept that it forms an essential and integral part of these Terms and Conditions.
6. Warranties and Disclaimers
We provide our services using a commercially reasonable level of skill and care for all our customers.
FOMEMA does not warrant or represent that access to the whole or part(s) of this website, the materials, information and/or functions contained therein will be provided uninterrupted.
7. Copyright
Unless otherwise indicated, the copyright on this website and its contents, including but not limited to the text, images, graphics, sound files, animation files, video files, and their arrangement, are the property of FOMEMA and are protected by applicable Malaysian and international copyright laws. No part or parts of this website may be modified, copied, distributed, retransmitted, broadcast, displayed, performed, reproduced, published, licensed, transferred, sold or commercially dealt with in any manner without the express prior written consent of FOMEMA.
Any unauthorised reproduction, retransmission or other copying or modification of any of the contents of FOMEMA website may be in breach law and could be the subject of legal action.
FOMEMA disclaims all liability which may arise from any unauthorised reproduction or use of the contents of our website.
8. Trademarks
All trademarks, service marks, and logos displayed on this website are the property of FOMEMA.
Unless the prior written consent of FOMEMA has been obtained, no license or right is granted to any party accessing this website to use, download, reproduce, copy or modify such trademarks, services marks or logos.
9. Exclusion of Liability
FOMEMA shall in no event be liable for any loss or damage howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss of profits or savings arising in connection with your access or use or the inability to access or use this website (or any third party link to or from this website), reliance on the information contained in the website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise.
10. Exclusion of liability due to acts and/or omission by any third-party/relevant authority(ies)
FOMEMA shall not be responsible and liable for any claim, loss of profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages caused by any third-party/relevant authority(ies) including but not limited to the following instances:-
- Discretion exercised by any third-party/relevant authority(ies);
- Closing/cancellation of programs by any third-party/relevant authority(ies);
- Delay on the part of any third-party/relevant authority(ies) in processing your application; and
- Failure to comply with the requirement set by any third-party/relevant authority(ies) by you.
11. Indemnity
You hereby irrevocably agree to indemnify and keep indemnified FOMEMA from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by FOMEMA in connection with or arising from your use or misuse of this website and the services provided herein, or your breach of these terms and conditions howsoever occasioned, or any intellectual property right or proprietary right infringement claim made by a third-party against FOMEMA in connection with your use of this website.
12. Termination or Suspension
FOMEMA reserves the right to terminate and/or suspend your access to this website and/or your use of this website at any time, for any reason. In particular, and without limitation, FOMEMA may terminate and/or suspend your access should you violate any of these terms and conditions, or violate the rights of FOMEMA, of any other user, or any third-party.
13. Law and Jurisdiction
These terms and conditions are governed by and are to be construed under the laws of Malaysia. By accessing this website and/or using the services provided herein, you hereby consent to the exclusive jurisdiction of the Malaysian courts in Kuala Lumpur, Malaysia in all disputes arising out of or relating to the use of this website.
14. Miscellaneous
- FOMEMA reserves the right to amend any of the Terms and Conditions at any time without any prior notice.
- If there is a conflict between these terms and the additional terms, the additional terms will prevail for that particular conflict.
- These terms are for the sole purpose of controlling and regulating the relationship between FOMEMA and yourself. They do not create any third-party beneficiary rights.
