Terms of Service

Definitions

This Agreement
means the completed Registration Form with the terms and conditions herein.

Customer
means the person whose application to enter into this Agreement is accepted by E-Warta and includes his successors and permitted assigns.

Service
means access to the E-Warta website together with such value-added features as may be introduced from time to time by E-Warta. The customer will be provided with a personal user identification ("username") and a password. The customer will use his own equipment and means (for example, telephone service and modem) to establish connection to E-Warta for accessing the E-Warta's website.

Person(s)
includes individual(s), corporation(s) and unincorporated bodies of persons.

E-Warta
refers to PNMB Warta, a division of Percetakan Nasional Malaysia Berhad.

Username
means a user identification consisting of 6 to 12 alphabetical characters and without using any special characters or blank spaces.

Password
means a unique string of characters and known only to you and E-Warta, which must be keyed in by you in order to authenticate your Username to grant you access to the website.

Words importing the singular shall include the plural and vice versa and words importing one gender shall include the other gender.

2. Commencement of Service

The Service shall commence on the date specified by E-Warta in writing in its notice to the Customer indicating its acceptance of this Agreement ("Commencement Date").

You are granted limited license only for purposes of viewing the material contained on this Website.

3. Services Fees

  • The fees for the Service shall be at the rate indicated in the Registration Form or such rate or rates as may be prescribed by E-Warta from time to time.
  • Liability for the Subscription Fees shall accrue from the Commencement Date.

4. Payment and Refund Policy

  • The Service Fees shall be payable upon received approved quotation from E-Warta.
  • The Customer shall be liable for and shall pay the Service Fees on demand notwithstanding that the Customer disputes the same for any reason. REFUNDS IS NOT APPLICABLE.

5. E-Warta's Rights

E-Warta shall have the right to manage and control the access to computer systems and information stored within the E-Warta website in a manner deemed appropriate by E-Warta.

6. Customer Obligations

The Customer shall: -

  • be solely responsible for the set-up or configuration of his equipment for access to the Service;
  • be solely responsible for obtaining, at his own cost, all licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service;
  • be solely responsible with the rules of any Internet Service Provider to which the Customer accesses through the Service;
  • be solely responsible for all information retrieved, stored and transmitted through the Service by him;
  • be solely responsible for acquiring and installing such software, and the compatibility of such software for use with any equipment used by him, whether or not any changes are introduced to the Service by E-Warta; and;
  • adhere to all instructions and notices (written or otherwise) given by E-Warta from time to time regarding the need for such software.

7. Prohibited Use

The Customer undertakes: -

  • to comply with all applicable laws (and shall not contravene any applicable law) of Malaysia relating to Services including without limitation the Computer Crimes Act 1997 and Copyright Act 1987 and any other related Acts;
  • not to transfer the username and password to any unauthorized persons and not reveal the same to any other person(s);
  • not to use the Service for any unlawful purpose including without limitation criminal purposes;
  • and not to infringe any intellectual property rights of any person or retain information in any computer system with an intention to publish in any media without prior written approval of E-Warta and shall use the Service only for the purpose for which is subscribed.

8. Security and other features

  • The Customer shall take all such necessary measures to protect the secrecy of his user ID and password and shall not reveal the same to any other person(s).
  • Where a user ID and password is necessary to access the Service, the Customer shall use only his own user ID and password.
  • The Customer acquires no rights to the user ID and password and any codes assigned to him by E-Warta and except as otherwise proved herein, E-Warta reserves the right to change or re-assign the same to the Customer at its sole discretion without being liable to the Customer in damages or otherwise.
  • Any request for changes in password shall be in writing and in the form prescribed by E-Warta.;

9. Termination of Service

E-Warta may terminate this Agreement with immediate effect with or without prior notice: -

  • if in the opinion of E-Warta, the Customer has breached any of the or terms conditions of this Agreement (including without limitation clauses 6 and 7);
  • if the Customer has provided any false or incomplete information to E-Warta;
  • if in the opinion of E-Warta or any regulatory authority, it is not in the public interest or for any other reason whatsoever to continue providing the Service to the Customer for any reason;
  • if the Customer is declared a bankrupt or the Customer enters into any compromise or arrangement with its creditors or any encumbrancer lawfully;
  • takes possession or a receiver is validly appointed over the whole or part of the undertaking of the Customer or proceedings are taken for the appointment of an administrator of or the winding up of the Customer; or
  • any other reasons at E-Warta's discretion.

10. Liabilities for Subscription Fees upon termination

In the event of termination of this Agreement pursuant to clause 9, E-Warta shall not be liable for refund of Service Fees whether partial or in full.

11. Suspension of Service

  • Without prejudice to any other rights or remedies of E-Warta and notwithstanding any waiver by E-Warta of any previous breach by the Customer, E-Warta may suspend the Service or any other service provided by E-Warta in the event that any monies payable by the customer for the Service.

12. Other Charges

In the event that E-Warta's employees or agents are called upon to attend to a fault at the Customer's premises, E-Warta reserves the right to impose charges for the service if the fault is not directly attributable to any of E-Warta's networks. E-Warta's invoice shall be conclusive evidence of the Customer's request for such services.

13. Disclaimer

  • While every care is taken by E-Warta in the provision of the Service, E-Warta shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension, or termination of the Service or otherwise, or for the contents, accuracy or quality of information available, received or transmitted through the Service.
  • E-Warta shall not be liable for any loss or damages sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the Customer's account and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed.
  • Whilst every effort has been made to ensure that the information published in this work is accurate, the publishers of PNMB E-Warta, its agents, servants, etc. take no responsibility for any loss or damage suffered by any person as a result of the reliance upon the information contained therein. In particular, readers who may be affected by any statutory provisions dealt with in this publication should refer to the relevant Government Gazette as originally published.

14. Indemnity

The customer, his servants and/ or his agents shall indemnify and hold harmless E-Warta at all times against all actions, proceedings, costs, claims, expenses, demands, liabilities, losses and damages whatsoever including without limitation for defamation, infringement of intellectual property rights, death, bodily injury, property damage or pecuniary losses howsoever arising which E-Warta may sustain, incur, suffer or pay arising out of or in connection with the use of the Service by the Customer or any act or omission of the Customer thereof.

15.Confidentiality

The customer shall not divulge or communicate to any person (other than those whose province it is to know the same) or use or exploit for any purpose whatsoever (other than that contemplated in this Agreement) any confidential information which may or may not have come to his knowledge by reason of or in connection with this Agreement, and shall use all reasonable efforts to prevent his employees, officers, agents and consultants from so acting, except where the prior written consent of E-Warta is obtained or where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any relevant regulatory body.

16. Variation

E-Warta reserves the rights to amend the terms and conditions contained herein at any time by posting changes on the website without prior notice (or in such form as may be determined by E-Warta) to the Customer. You are solely responsible for reviewing regularly information posted on the website to obtain timely notice of such changes.

17. Assignment

The rights and obligations under this Agreement shall not be capable of assignment by the customer without the prior written consent in writing of E-Warta, but subject thereto, shall be binding on and endure for the benefit of his successors and permitted assigns.

18. Force Majeure

E-Warta shall not have any liability whatsoever or be deemed to be in default for any delay or failure in performance under this Agreement resulting from acts beyond the control of E-Warta, including without limitation to acts of God, acts or regulations of any governmental or supra-national authority, war or national emergency, accident, fire, floods, lightning, electrical failure, riot, strikes, lock-outs, industrial disputes (whether or not involving E-Warta's employees) or epidemics, etc.

19. Governing Law and Jurisdiction

Any disputes arising from, or in connection with the service shall be construed under the laws of Malaysia and the Customer and E-Warta hereby submit to the exclusive jurisdiction of the Malaysian courts.

20. Discretion

PNMB-E-Warta has the sole discretion to offer or to reject the service to any individual, company, corporation or any organization without giving any reason whatsoever.


IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICE.