1. Conduct and Responsibility
2. Intellectual Property
3. Updates
4. Internet software or computer viruses
5. Websites and Materials Provided "As Is"
6. Limitation of Liability
7. Indemnification
8. Applicable Law
9. General Provisions
This agreement governs your usage of the MWS Trainers Kit, Products and Services AND the MiniWorkshopSeries™ websites [http://www.miniworkshopseries.com and http://www.miniworkshopseries.net] and OutstandingEvent Website [http://www.outstandingevent.com] (hereinafter known as ‘the Websites’).
MWS International (hereinafter known as ‘MWS-Int’) may revise and update these Terms of Use at anytime and without prior notice. You are cautioned to review the current Terms of Use posted on the http://www.miniworkshopseries.com and http://www.miniworkshopseries.net web site periodically.
In the event of any inconsistency between this Agreement, the MiniWorkshopSeries™ Licensed Trainers Agreement and the Terms of Use, the terms of the Content License Agreement shall prevail. (Both of which are incorporated into this Agreement by reference)
1. Conduct and Responsibility
1.1 You specifically agree that you are responsible for the conduct of your MWS Licensed Trainer and representatives while using the MWS Trainers Kit content whether or not you authorized the conduct. Without limiting the generality of the foregoing, you agree that the following conduct by the MWS Licensed Trainer and Representatives is solely at the risk and expense of you:
- Use of the MWS Trainers Kit content in any manner that is not permitted by the Terms of Use, the License Trainer Agreement or this Content License Agreement; and,
- any conduct prohibited in “Rules of Conduct” as stated in the MiniWorkshopSeries™ Licensed Trainer Agreement
1.2 You are required to abide by the Terms of Use before you are permitted to conduct and use the MWS Trainers Kit content for the first time.
2. Intellectual Property
2.1 All materials (including the organization and presentation of such material) on the MWS Trainers Kit (hereinafter referred to
as “the Materials”) and the Websites are the property of MWS-Int and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.
2.2 The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted.
2.3 You shall not create derivative works from or otherwise exploit the Materials in any way.
3. Updates
3.1 MWS-Int may update the information on the Websites and the Materials regularly.
3.2 Notwithstanding Clause 3.1 above, MWS-Int shall not guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on the Websites and the Materials.
3.3 MWS-Int shall reserve the rights to revise, supplement or delete information, services and/or the resources contained in the Materials and the Websites and/or to make such changes without prior notification to past, current or prospective users.
4. Internet software or computer viruses
4.1 Software or transmission problems could produce inaccurate or incomplete copies of information contained on the Websites and/or CD/DVD due to technical difficulties with the Internet,
- Computer viruses or other destructive programs may also be inadvertently downloaded from the Websites and/or CD and/or DVD.
- MWS-Int shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact the use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from the Website and/or VCD/DVD.
- MWS-Int recommends that you are to install appropriate anti-virus or other protective software.
5. Websites and Materials Provided "As Is"
5.1 The Websites and the Materials are provided “AS IS” without representation, warranty or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties or conditions of merchantability or fitness for a particular purpose.
5.2 MWS-Int does not represent or warrant that the Websites or the Materials will meet your requirement or that their use will be uninterrupted or error free.
6. Limitation of Liability
6.1 You shall assume all responsibility and risk for use of the Websites and the Materials including but not limited to any of the information contained therein.
6.2 Even in the event, shall MWS-Int or any of its directors, officers, employees, shareholders, partners or agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of these Terms of Use, including without limitation your use of reliance upon, access to, or exploitation of the Websites, the Materials or any part thereof, or any rights granted to you hereunder, even if MWS-Int have been advised of the possibility of such damages, whether the action is based on contract, tort, infringement or intellectual property rights or otherwise.
7. Indemnification
7.1 You shall agree to indemnify and hold MWS-Int harmless against all claims or liability asserted against MWS-Int arising out of or in connection with any breach by you or anyone acting on behalf of you of any of these Terms of Use.
8. Applicable Law
8.1 The Websites and the Materials are controlled, operated and administered by MWS-Int from within Malaysia.
8.2 You shall by accessing the Websites, acknowledge and agree that all matters relating to access of; or use of the Websites shall be governed by the laws of the Malaysia applicable therein (without reference to conflicts of laws principles).
8.3 You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Malaysia and acknowledge that you do so voluntarily.
9. General Provisions
9.1 MWS-Int failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or rights.
9.2 If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
Acknowledgement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF MWS INTERNATIONAL AGREEING TO PROVIDE THE MINIWORKSHOPSERIES™ MWS PRODUCTS AND SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND MWS INTERNATIONAL, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND MWS INTERNATIONAL AND ITS REPRESENTATIVES RELATING TO THE SUBJECT OF THIS AGREEMENT. |
