END USER LICENCE AGREEMENT (EULA)
This End User Licence Agreement was last updated on 18th March 2021.
Leadapreneur Sdn. Bhd. (“Leadapreneur”, “we” or “us” or “our”) owns and operates the website, www.leadapreneur.com and the mobile and touch versions and any sites we have now or in the future that reference this EULA (collectively, “Website”) and the “COSMOS” digital platform accessible at https://web.leadapreneur.com/login (“Platform”). The Platform, the Website, all Programmes and Modules accessible thereunder and/or any related or ancillary services shall be collectively referred to as the “Services”.
Our Services enables you to access our innovation and educational courses, including lectures, online learning portals, workshop programmes, accelerator programmes, academy frameworks and other initiatives to prepare you for Industry 4.0, as well as providing a means to assess your performance on any Programmes or Modules.By continuing to use the Services, you agree to be bound by this EULA and you are encouraged to read these very carefully.
1. ACCEPTANCE OF EULA
By using the Services or signing up for an account (“Account”), you agree to the EULA in addition to any policies or documents incorporated therein. Specifically, you also agree to our Personal Data Protection Policy, incorporated herein by reference and located at [*PDP Policy URL] (“Personal Data Protection Policy”), and acknowledge that you will regularly visit the EULA to familiarise yourself with any updates. The term “use” and its derivatives also include any person or entity that accesses or uses the Services and/or any related or ancillary services with crawlers, robots, spiders, scrapers, data mining or extraction tools or any other functionality.
If you do not agree to this EULA, immediately stop using the Services and do not participate in any Programme or Module, review progress of you or any other User on the Platform, use any functionality on the Platform or Website or other goods or services offered through the Services.
2. YOUR ACCOUNT
In order to be onboarded onto the Platform, we must first have an arrangement with a company or client of Leadapreneur (“Enterprise User”) that has subscribed to a Programme or Module on behalf of their employees. After your Enterprise User has been approved by us, you or your Enterprise User must create an account on the Platform in order to access the Services (“Account”) and you will become a “User”.
Each User, whether or not an Enterprise User, is responsible for his own Account and individually bound by this EULA. You or your Enterprise User may be asked to supply information such as your email, billing address and phone number, as well as to create a password in order to access your Account. You may select whether or not to receive information and updates at the email address provided.
We disclaim any and all responsibility for the activities you undertake or perform through your Account on our Website. These include any interaction with Leadapreneur, any interaction with other Users, any comment you post, any vote or report you make, or any interaction whatsoever through the Services. You are further cautioned that we accept no responsibility for the confidentiality of your information that you decide to share through the Services or through your use of the Services, including as may be made available through your participation in any Programme or Module.
While we will make every effort to ensure continued access to the site, from time to time, your access to the Site may become unavailable due to technical issues, preventive maintenance, routine maintenance, external factors such as cyber-attacks or concerted distributed denial of service (DDOS) efforts, and for other reasons both within and outside of our control. We may also suspend or terminate your Account if you are found to have violated this EULA, or where we have suspended your access due to acts or omissions of your Enterprise User, where applicable.
We expect your co-operation where you have reason to suspect that your Account has been compromised. In this regard, you agree to promptly notify us of any unauthorised access of your Account or any unauthorised sharing of your log-in credentials. You acknowledge that we may take steps to suspend or remove such a compromised Account and that you may have to be on-boarded again for a new Account.
We will assume that anyone using the Services or participating in any Programme or Module is you. You agree that you are solely responsible for any activity that occurs under your Account. Your Account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person.
Any violation of this EULA, including, without limitation, failure to maintain updated and correct information about your Account may result in us being unable to offer you the Services and may result in suspension or cancellation of your Account. We also reserve the right to change or discontinue any aspect or feature of our services or the Services, including, without limitation, requirements for use.
To the maximum extent permitted by applicable law, you acknowledge and agree that we are not responsible or liable for any damages or loss howsoever related to your Account, and you release, acquit and discharge us for any claim for any such damages and loss.
3. CONDITIONS OF USE
As a condition of your use of the Services, you agree that:
- You have reached the age of majority as defined under applicable law;
- You are able to create binding legal relations;
- You consent to participate in the Services, including the relevant Programme or Module;
- You are not barred from receiving products or services under applicable law;
- You will not attempt to use the Services with crawlers, robots, spiders, scrapers, data mining or extraction tools or any other functionality;
- Your use of the Services will at all times comply with this EULA;
- You have the right to provide any and all information you submit to the Services, and all such information is accurate, true, current, and complete;
- You will update and correct information you have submitted to the Services, including all Account information, and ensure that it is accurate at all times (out-of-date information may invalidate your Account).
Notwithstanding the above, Leadapreneur retains the right, at our sole and absolute discretion, to deny service or use of the Services or an Account to anyone at any time and for any reason.
4. YOUR CONDUCT
All interactions on the Services must comply with this EULA. To the extent your conduct, in our sole and absolute discretion, restricts or inhibits any other User from using or enjoying any part of the Services, we may limit or terminate your privileges on the Services and seek other remedies, including, without limitation, suspension or cancellation of your Account or suspending your ability to utilise the comment, vote or report functionalities.
While using the Services, you will not and you will not attempt to:
- Impersonate any person or entity;
- Access data not intended for you, such as logging into a server or an Account which you are not authorised to access;
- Make any false or fraudulent entries or provide misleading information;
- Engage in any illegal activities in using the Services;
- Post or transmit to or via the Services any content which is indecent, obscene, false, menacing or offensive in character with the intent to annoy, abuse, threaten or harass any person;
- Post or transmit to or via the Services any content which is defamatory, seditious, incites violence or incites any other unlawful activity, or any content that would otherwise be contrary to any written law in Malaysia, or that could reasonably give rise to civil or criminal proceedings;
- Post or transmit to or via the Services any content which improperly discloses confidential information or improperly discloses information that is protected under any written law in Malaysia;
- Advertise any products, services or websites other than Leadapreneur or the Services;
- Knowingly transmit any virus or other disabling feature to or through the Services, or attempting to overload, “flood,” “spam,” “mail bomb,” or “crash” the Services;
- Interfere with, disrupt, or create an undue burden on the Services or the associated systems;
- Post or transmit to or via Services any copyrighted or trademarked material belonging to a third party, or any material or content that infringes the rights or privacy of Leadaprenur or any User or other third parties;
- Frame or mirror any part of the Services without our written approval;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services, or the associated systems, including any source or object codes, or cause any other person to do so;
- Annoy, abuse, threaten or harass any User or Enterprise User;
- Use the Services or any of its resources to solicit Users, Enterprise Users, or other third parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Leadapreneur;
- Act illegally or maliciously against the business interests or reputation of Leadapreneur or the Services.
5. PERSONAL DATA
We take the privacy of your Personal Data (defined in the Personal Data Protection Policy) seriously. We encourage you to carefully review our Personal Data Protection Policy for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Personal Data Protection Policy is incorporated in and subject to this EULA, and available at [*PDP Policy URL].
6. INTELLECTUAL PROPERTY
The Services, any content on the Services (including content submitted by Users or Enterprise Users), and the infrastructure used to provide the Services are proprietary to Leadapraneur. By using the Services and accepting this EULA, Leadapreneur grants you a limited, personal, non-transferrable, nonexclusive, revocable licence to use the Services pursuant to this EULA and to any additional terms and policies set forth by Leadapreneur.
The Services contain copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound. Leadapreneur owns the copyright in the layout of the Services, the text of the Services and all content in any Programme or Module (including User-generated, User-derived and User-submitted content), any comment, vote or report, including, without limitation, any text, images, audio, video or any content in any other medium or format whatsoever (“Content”), including in the selection, coordination, arrangement, and enhancement of such Content. For the avoidance of doubt, nothing in this EULA and nothing in the use of the Services shall operate to assign any intellectual property belonging to Leadapreneur to you.
Further, for the avoidance of doubt Leadapreneur may modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, at its discretion, inter alia for the purposes of marketing, training, advertisement, responding to User reports and acting on complaints.
Subject to the above, you may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of Leadapreneur. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make no changes in or deletion of any author attribution, watermark, trademark legend, copyright notice or visible livery.
You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
Leadapreneur owns the “Leadapreneur ” mark and variations thereof and all use of these marks inures to the benefit of Leadapreneur. You may not use Leadapreneur’s name, logos, trademarks or brands without Leadapreneur’s express permission.
Other marks on the Services not owned by Leadapreneur may be under licence from the trademark owner thereof, in which case such licence is for the benefit and use of Leadapreneur unless otherwise stated, or may be the property of their respective owners.
7. ASSIGNMENT OF COPYRIGHT
By posting or making accessible any Content or other information on or through the Services, you hereby assign to Leadapreneur all rights, title and interest in and to that Content, including the right to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Content alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. You further acknowledge that you will, where requested by Leadapreneur, execute any document and do any act in order to effect the assignment contemplated under this Section 7.
8. DISCLAIMER OF WARRANTY
As permitted by applicable law, you expressly agree that use of the Services is at your sole risk. Neither Leadapreneur, nor its subsidiaries or affiliates or any of their respective employees, agents, third-party content providers or licensors or any of their officers, directors, employees or agents, warrant that use of the Services will be uninterrupted, secure, virus-free, or error-free, nor do they make any warranty as to:
- The results that may be obtained from use of the Services; or
- The accuracy, completeness, or reliability of:
- The content on the Services, including, without limitation, Programmes, Modules or other available features;
- Content provided through the Services; and
- Any proprietary matrices of Programme or Module, delivered as part of the Services, including any innovation valuation, which are made accessible or available on an “as is”, “where is” and “as available” basis.
To the extent allowed by applicable law, Leadapreneur hereby disclaims any and all representations, warranties, and conditions, whether express, implied, or statutory, as to the operation of the Services or the Content or other information contained on the Services or other available features accessible or available through the Services, including, without limitation, those of title, non-infringement, non-interference, merchantability, suitability, and fitness for a particular purpose, as well as warranties implied from a course of performance or course of dealing.
9. LIMITATION OF LIABILITY
As permitted by applicable law, in no event shall Leadapreneur, nor its subsidiaries or affiliates or any of their respective employees, agents, third-party content providers or licensors or any of their officers, directors, employees or agents, warrant, be liable for any direct or indirect lost profits or lost business damages, indirect, incidental, special, consequential, or punitive damages arising out of, related to, or in connection with any of the following: (a) your use of the Services or the Content, including, without limitation, any personal data, and any other information either contained in the Services or Content or submitted by you to the Services; (b) your inability to use the Services; (c) modification or removal of Content submitted on the Services; (d) any other services obtained through the Services; (e) this EULA; or (f) any improper use of information you provide to the Services, including, without limitation, any personal data. In no event will Leadapreneur’s cumulative liability in connection with the Services exceed the Fees paid for that Programme or Module.
10. PUBLIC NATURE OF YOUR STATEMENTS
You understand and agree that all Content made through Services are public and not private. Any other person (whether or not a User or Enterprise User) may view your Content without your knowledge. Leadapreneur does not control or endorse any statement, in any medium or format whatsoever, made by Users through the Services, and we specifically disclaim any liability concerning the aforementioned statements. Any Content you post through the Services is not confidential.
11. THIRD-PARTY WEBSITES
The Services may contain links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products, or services available on or through any such linked website or resource.
You agree to defend, indemnify, and hold harmless Leadapreneur, its subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following:
- a breach of this EULA;
- any Content submitted or posted by you, in connection with the Services;
- any use of the Services in violation of this EULA;
- fraud you commit or your intentional misconduct or gross negligence; or
- your violation of any applicable law or rights of a third party.
13. FORCE MAJEURE
Leadapreneur shall be excused from performance under this EULA, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labour strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Leadapreneur.
We reserve the right at all times to discontinue or modify any part of this EULA at our sole and absolute discretion. If we make changes that affect your use of the Services or our services, we will post notice of the change on the EULA page. Any changes to this EULA will be effective upon our posting of the notice; provided that these changes will be prospective only and not retroactive. If you do not agree to the changes, you may close your Account and you should not use the Services or any services offered through the Services after the effective date of the changes. We suggest that you revisit our EULA regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Website or the Platform is adequate notice to advise you of these changes, and that your continued use of the Services or our services will constitute acceptance of these changes and the EULA as modified.
You may not assign this EULA, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of Leadapreneur. Any attempted assignment that does not comply with this EULA shall be null and void. Leadapreneur may assign this EULA, in whole or in part, to any third party in its sole discretion.
16. ENTIRE AGREEMENT
The EULA, including, without limitation, the incorporated Personal Data Protection Policy and other terms incorporated by reference, constitute the entire agreement and understanding between you and Leadapreneur with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Leadapreneur with respect to such subject matter.
17. DISPUTE RESOLUTION
Any disputes arising out of or related to or in connection with this EULA and/or any use by you of the Services shall be governed by the laws of Malaysia, without regard to its choice of law rules and without regard to conflicts of laws principles.You submit to the exclusive jurisdiction of the courts of Malaysia.
Upon termination, the provisions of this EULA that are, by their nature, intended to survive termination (such as any disclaimers, all limitations of liability, and all indemnities) shall survive.
19. NO WAIVER AND SEVERABILITY
No waiver by either you or Leadapreneur of any breach or default or failure to exercise any right allowed under this EULA is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our EULA. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our EULA invalid, such invalidity shall not affect the enforceability of any other provisions contained in this EULA, and the remaining portions of our EULA shall continue in full force and effect.