WEBSITE TERMS & CONDITIONS OF USE
Any use of the website operated by Spark Foundation at www.sparkfoundation.com.my (the “Site”) is conditional upon your acceptance of these Terms & Conditions, including our Privacy Statement. We suggest you read them carefully. The following is a general approach only. These apply to this Site.
- The application of the products and services on the Site is automatic without opportunity for advance review of contents by us.
- We believe that persons who make information available on the World Wide Web do so with the expectation that this information will become publicly and widely available. We further believe that making available chat room postings and links to publicly accessible Web pages is legally permitted and consistent with common, customary expectations of those who make use of the Web and Usenet communication media.
- In real life, most people are fairly law abiding. We ask you to remember that the Internet has clear standards of behaviour, i.e. netiquette, too, which are no lower than in real life. Entries on the Site are regularly screened. Those that are in any other way not according to standards of what the public may expect on the Site will be removed at our sole discretion. It should be noted however, that we cannot guard every part of the Site every time of the day, and that we assume no responsibility or liability which may arise from the content of any message posted by any third party on the Site.
We reserve the right to amend these Terms & Conditions from time to time without notice and at our discretion. It is your responsibility periodically to review this page for updates to these Terms & Conditions, which shall come into effect once posted. See the box below for a summary of updates. Your continued use of the Site constitutes acceptance of these Terms & Conditions, including our Privacy Statement. We reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.
IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS, PLEASE LEAVE THE SITE NOW.
All references to ‘our’, ‘us’, ‘we’ or ‘company’ within this policy and within the opt-in notice are deemed to refer to Spark Foundation, its subsidiaries, affiliates and associates.
- Reliance on Information
- Intellectual Property
- remove any copyright, trade mark or other proprietary notices, our name or branding contained in such information, images and/or any content; or
- use any such information, images and/or any content from the Site in any manner that may infringe any copyright, intellectual property right or other right of us or any third parties;
- reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit the Site and/or such information, images and/or any content for any commercial purpose, without our prior written consent (for the avoidance of doubt, the use of the Site or such information, images and/or any content for educational purposes by not for profit entities does not constitute commercial use); or
- use the Site or such information, images and/or any content in any way that is in contravention of any applicable law or regulation or in any manner that will violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner.
The information provided on this Site serves as guidance only. We therefore disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by law.
All rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at the Site are owned by us or our licensors. You agree that you are permitted to use this material and/or content only as set out in these Terms & Conditions or as otherwise expressly authorised in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.
We are the owner and/or authorised user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property of any information, images and/or any content appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms & Conditions, use of the Site does not grant you any right, title, interest or license to such information, images and/or any content you may access on the Site.
You shall not:
You may view the Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws worldwide. Furthermore, you are not entitled to display, publish, distribute, disseminate, broadcast, frame, communicate, reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent (for the avoidance of doubt, the use of the Site or any information, images and/or any content contained within the Site for educational purposes by not for profit entities does not constitute commercial use). All other rights are reserved. If you download software from this Site, we will license the software and all files, images and data relating to the software to you. You do not own the downloaded software, and we do not transfer the ownership thereof to you. We retain full ownership of and title to the downloaded software and all intellectual property rights related to the software. You may not sell, redistribute, decompile or reverse engineer the software.
The Site may contain interactive services, including, but not limited to, discussion groups, news groups, bulletin boards, chat rooms and blogs (collectively, “Public Forums”), which may allow you to post, transmit or submit information, including, but not limited to, writings, images, illustrations, audio recording and video recordings. We may or may not actively monitor use of, or content or materials posted on, our Public Forums. Similarly, we may or may not exercise editorial control over the content of any Public Forum. As a result, you may be exposed to content on our Public Forums that is inaccurate, fraudulent or deceptive or that you find offensive or objectionable. Your use of Public Forums is at your own risk.
However, we reserve the right, but are not obliged, to monitor our Public Forums and to remove or alter any content, which we consider, in our sole discretion, constitutes a misuse of these rules. We may restrict, suspend or terminate your use of these services or the Site where we believe that there has been such a misuse.
The following examples constitute a misuse of our Public Forums:
- using the services for any improper, unlawful or immoral purpose, causing any nuisance by your use of the services or causing the operation of the services to be jeopardised or impaired
- using the services to create, host or transmit (whether in a Public Forum or otherwise) any defamatory, offensive, or obscene material or engaging in activities which would cause offence to others on grounds of race, religion, creed or sex
- using the services to harm, or attempt to harm minors in any way
- using the services to create, host or transmit any material that threatens or encourages bodily harm or the destruction of property or would constitute a criminal offence or give rise to civil liability
- using the services to create, host or transmit material which infringes the copyright, trademark, patent, trade secret, privacy, publicity or other intellectual property or proprietary rights of any other party
- using the services to create, host or transmit unsolicited advertising material to other users
- using the services to create, host or transmit any material that harasses another
- using the services to make false, misleading, deceptive or fraudulent offers to sell or buy products, items or services or to send chain letters or pyramid schemes and the like
- adding, removing or modifying identifying network header information or copyright management information including author names, publication dates or clearance agency names in an effort to deceive or mislead
- using the services to access, or to attempt to access, the accounts of others or to penetrate, or attempt to penetrate, our or a third party’s security measures, computer software, hardware, electronic communication system, or telecommunications systems
- using the services to process, or attempt to process, personal data about third parties without their knowledge or consent or to engage in screen scraping, database scraping or any other activity with the purpose of obtaining lists of users or other data
- using the services for any activity which adversely affects the ability of other people or systems to use the services or the internet generally, including, without limitation, flooding and hacking
- reselling, repurposing or redistributing any services provided by us, our contractors or our licensees without our prior written consent; or impersonating any person or entity or using a false name that you are not authorised to use
- encouraging, condoning or glamorising under-age drinking, drunk-driving or excessive consumption of alcoholic beverages
- disclosing any personally identifiable information about yourself or any other party (e.g. telephone number, geographic address or any other information from which an individual’s identity or contact information can be derived)
This list only serves to provide examples and is not meant to be an exhaustive list of the type of unacceptable uses of the Public Forums that may result in the restriction, suspension or termination of your use of the Public Forums or of our Site. Due to the global nature of the Internet, users hereby agree to comply with all local rules regarding on-line conduct and acceptable content. Users also agree to comply with any applicable rules regarding the export of any data from any country.
Any content, information or material posted to a Public Forum (“Postings”) will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, email address, phone number) that you post on or through Public Forums is generally accessible to, and may be processed and used by, others and may result in unsolicited messages or other contact from others. You should not include any personally identifiable information about yourself or any other person in any Postings. We reserve the right, but not the obligation, to remove any Postings that contain personally identifiable information. We shall not be liable for the use or misuse of any information or data, including personal data that you post on our Public Forums.
You represent and warrant that your Postings are original to you, do not infringe on another party’s intellectual property rights, are not obscene, vulgar, offensive, malicious, discriminatory, defamatory or otherwise unlawful, that no other party has any rights thereto, and that any “moral rights” in your Postings have been waived, and you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Postings (in whole or part) and / or to incorporate them in other works in any form, media, or technology now known or later developed for editorial, commercial, non-commercial, promotional or any other purpose.
We are not responsible for maintaining your Postings and we may delete or destroy them at any time.
We do not endorse content, information and materials posted by users to public forums. It is your responsibility to evaluate and confirm the accuracy of information provided by other users on or through public forums.
The opinions expressed in Public Forums are not necessarily ours. Any statements, advice and opinions made by participants are those of such participants only. We shall not be held responsible for any statements, advice, opinions or other content or materials on Public Forums. You release us from claims and demands of every kind and nature, known and unknown, howsoever arising out of or in any way connected with a dispute with another user of the Site.
Unless specifically requested, we do not, nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by email, or in any other way. Any information or material submitted by you, and which we, have not specifically requested, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to the Site, whether ideas, creative concepts or other materials, in any format, including, but not limited to, writings, images, illustrations, audio recordings, and video recordings, may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that the appropriate authors have irrevocably waived any “moral rights” in posted materials. We shall have no liability for any loss or damage suffered by you because of use or disclosure of such materials by us to the extent permitted by law. This paragraph does not affect any rights you may have under data privacy laws that protect your personal data or similar privacy laws, to the extent that such rights cannot be excluded.
We may enable you to establish an account with a username and password to access and use the certain areas of the Site, Public Forums and other services. You may not create an account unless you are of legal age to purchase alcohol in your country of residence and in the country in which you are accessing the Site. You shall provide us with accurate account information. You are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. You agree to (a) immediately notify us of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you wish to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
This site is provided “as is”, and your use thereof is at your own risk. We, our officers, directors, employees, agents and assigns, disclaim to the fullest extent permitted by law, all express and implied warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, performance, title and non-infringement. We do not warrant that the site will be free from viruses, available, accessible, error-free, and uninterrupted or that the contents will be accurate. Although we take reasonable steps to secure the site, you acknowledge that the internet is a not completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the site will be safe from unauthorised access or use. If you are dissatisfied with the site, your sole action is to discontinue using the site.
You should always verify the information set out in the Site with independent authorities before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from the Site and to ensure the compatibility of such software with your equipment. In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party’s consent in relation to such disclosure and that the third party has been informed of, and agree to our Privacy Statement and the uses that we may make of such information.
To the fullest extent permitted by law we, our officers, directors, employees, agents and assigns, hereby disclaim all liability for any loss, cost or damage (direct, indirect, consequential, or otherwise) suffered by you as a result of your use of the site or from any computer virus transmitted through the site, or our negligence or otherwise and even if we are expressly informed of the possibility of such loss or damage. In no event shall our total liability to you for all damages, costs, losses and causes of action in the aggregate (whether in contract, tort, including, but not limited to negligence, strict liability or product liability) and whether or not we were or should have been aware or advised or the possibility of such damage arising from these terms and conditions, including our privacy statement. If you are a consumer for the purpose of the Consumer Protection Act 1999, the foregoing restrictions or limitations does not apply to you.
In the course of your use of the Site, you may be asked to provide personal data to us (such information referred to hereinafter as “User Information”). Our information processing and usage policies with respect to such User Information are set forth in the Site Privacy Statement, which Privacy Statement is incorporated into these Terms & Conditions by reference. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.
You acknowledge and agree that we have no responsibility for the information provided by websites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We have no control over these Linked Sites and do not edit or monitor them. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites. No website may be linked to the Site or its pages without our prior written consent.
You will indemnify us and our officers, directors, agents, employees and representatives, against any loss, damage or cost incurred by us arising out of your use of the Site, any of its services or any information accessible over or through the Site, including information obtained from Linked Sites, your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify against any claims that information or material that you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defences.
We may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, if we believe that you have breached these Terms & Conditions at any time. Any such restriction, suspension or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Terms & Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms & Conditions.
These Terms & Conditions, including our Privacy Statement, constitute the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such license agreements. The failure by us to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms & Conditions shall remain in full force and effect. We may cede assign or otherwise transfer our rights and obligations in terms of these standard terms and conditions to third parties.
These Terms & Conditions, including the Privacy Statement and any matter relating to the Site, shall be governed by the Malaysian law without regard to its conflict of law rules. Any legal proceeding relating to these Terms and Conditions against, or relating to us or any indemnified party under these Terms and Conditions will be subject to the exclusive jurisdiction of any court sitting in Malaysia and you irrevocably consent to the jurisdiction of such courts. If you use this Site from another country, you are responsible for compliance with any and all applicable local laws. We make no representation that the materials contained within this Site are appropriate for countries outside Malaysia.
The Personal Data Protection Act 2010 (hereinafter referred to as the “Act”), which regulates the processing of personal data in commercial transactions, applies to all companies and firms that are established in Malaysia, requires Spark Foundation to inform you of your rights in respect of your personal data that is being processed or that is to be collected and further processed by us and the purposes for the data processing. For the purpose of this written notice, the terms “personal data” and “processing” shall have the meaning prescribed in the Act.
- This written notice serves to inform you that your personal data is being processed by us or on our behalf.
- The personal data processed by us may include the information you have provided to Spark Foundation and/or that Spark Foundation has or had requested from you in any Spark Foundation forms or through the Site that you are required to complete, as well as any other information Spark Foundation has or may obtain about you through any oral or written communications. If you fail to supply to us the personal data, we may not be able to process and/or disclose your personal data for any of the Purposes described below.
- We are processing and/or disclosing your personal data, including any additional information you may subsequently provide, for the following purposes:
- assessing your application or request;
- to communicate with you;
- to provide services to you;
- respond to your inquiries;
- conduct internal activities;
- administer your participation in contests;
- market surveys and trend analysis;
- to provide you with information on our products and services and our related corporations;
- to provide you with information of the products and services of our business partners;
- other legitimate business activities of Spark Foundation;
- such other purposes as set out in the Spark Foundation Website Terms and Conditions of Use; and/or
- if relevant, such other purposes as set out in the General Terms and Conditions and, if applicable, Campaign Terms and Conditions; and
- such other purposes as set out in terms accompanying the notice; and/or hereinafter collectively referred to as the “Purposes”.
- Traffic monitoring, e.g., the IP address from which you access the Site, the type of browser and operating system used to access the Site, the date and time of your access to the Site, the pages you visit, and the Internet address of the website from which you accessed the Site;
- To register you in programs and to recognize your website preferences;
- To recognize repeat visitors for statistical / analytical purposes;
- Anonymous tracking of interaction with online advertising, e.g., to monitor the number of times that a banner ad is displayed and the number of times it is clicked; and/or
- To compile and report to third parties aggregate statistics about our users in terms of numbers, traffic patterns and related site information.
- Customize or personalize your experience of the Site; for example, so that we can greet you on the Site by name;
- Conduct transactions; and
- To recognize repeat visitors for statistical / analytical purposes;
- Monitor your use of our website(s) in order to make our communications to you as relevant as possible and for other marketing and advertising research purposes.
- Your personal data was collected from the information you have provided us from the Site. Your personal data may be disclosed to our related corporations, agencies, partners and our service providers.
- You may access and request for correction of your personal data, to limit the processing of your personal data, or to contact us with any enquiries or complaints in respect of your personal data as follows:
- We may refuse to comply with your request for access or correction to your personal data under the Act and if we refuse to comply with such request, we will inform you of our refusal and reason for our refusal.
- If you subsequently withdraw your consent to process your personal data (other than for purposes of direct marketing), we will not be able to process your personal data for all of the above Purposes.
- You are responsible for ensuring that the information you provide us is accurate, complete, and not misleading and that such information is kept up to date.
- We may request your assistance to procure the consent of third parties whose personal data is provided by you to us and you agree to use your best endeavours to do so.
- Your personal data may be transferred to a place outside Malaysia.
- You hereby consent to the processing and disclosure of your personal data in accordance with all of the foregoing.
You can obtain information about how to manage cookies at www.aboutcookies.org.
4.2 We primarily use information from cookies for the following purposes:
4.3 We may also use clear gifs (also known as web bugs or web beacons), which are tiny graphics embedded in web pages and email messages that we use, in connection with cookies, to process non-personal data from users to analyse site usage, manage content on the site, track visits to other related sites, and track the performance of online advertising. We may also connect the information that we process through cookies and clear gifs with other personal data that you provide to us in order to:
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