The terms and conditions of this Agreement govern your access to and use of the services provided by CLJ Legal Network Sdn Bhd (Company No. 192353-V) of E1-2, Jalan Selaman 1/ 2, Dataran Palma, 68000 Ampang, Selangor Darul Ehsan (“We” or “Our” or “Us”), a Malaysian entity, either itself or through its subsidiaries or licencees, via various electronic platforms such as mobile applications or its website namely www.clj-ebooks.com (“Portal”).
By accessing and/or using the Portal, you are indicating that you have read, understand and agree to be bound by the terms and conditions herein. If you do not agree with its terms, do not use this Portal.
1.1 To fully access or use the Portal, you are required to register for an account by providing, among others, your name, email address and password. You may still access this Portal without registration.
1.2 You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the terms and condition of this Agreement, which may result in immediate termination of your account.
1.3.1 In registering an account, you shall not:
(1) select or use as an account a name of another person with the intent to impersonate that person;
(2) use as an account a name subject to any rights of a person other than you without appropriate authorization; or
(3) use as an account a name that is otherwise offensive, vulgar or obscene.
1.4 We reserve the right to refuse registration of, or cancel an account at our discretion. You shall be responsible for maintaining the confidentiality of your password.
2. Use of this Portal
2.1 We do not represent or warrant that:-
access to the Portal or any part of it, will be uninterrupted, reliable or fault-free;
the Portal or any of its contents will be accurate, complete or reliable.
2.2 You understand that all information, images, pictures, data, text, music, sound, photographs, graphics, videos, messages, or other materials ("Content"), whether publicly posted or privately transmitted, is the exclusive work and property of the person from whom such Content originated.
2.3 We do not claim any permanent ownership of your Content. You retain copyright and any other rights you already hold in Content which you may submit, post, upload or display on or through the Portal.
2.4 You shall not use, allow, or enable others to use the Portal, or knowingly condone use of the Portal by others, in any manner that is, attempts to, or is likely to:
(1) use any proxy internet protocol addresses (IPs) in order to attempt to hide the use of multiple accounts, disrupt any of our services or to avoid being detected;
(2) affect us adversely or reflect negatively on us, the Portal, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person from using all or any portions, features or functions of the Portal, or from advertising, linking or becoming a supplier to us in connection with the Portal;
(3) send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
(4) transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
(5) violate any laws, regulations, judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person;
(6) gain unauthorized access to the Portal, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Portal or to use the Portal in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
(7) modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Portal or the rights or use and enjoyment of the Portal by any other person;
(8) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, in connection with their or your use of the Portal, unless you have obtained the express, prior permission of such other person to do so;
(9) circumvent or manipulate our fee structure, the billing process, or fees owed to us;
(10) post or provide false, inaccurate, misleading, incomplete, defamatory or libelous Content;
(11) take any action that may undermine any ratings system that we may use;
(12) transfer your account and user identification to another party without our consent;
(13) harvest or otherwise collect information about users, including email addresses, without their consent;
(14) forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Portal.
2.5 While we prohibit such conduct and Content on the Portal, you understand and agree that we cannot be responsible for the Content posted on the Portal and you nonetheless may be exposed to such materials and that you use the Portal at your own risk.
2.6 You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Portal.
2.7 We reserve the right, in our sole discretion, to reject, edit or refuse to post any Content and to remove any Content from the Portal, whether or not the Content is expressly prohibited by this Agreement, or to restrict, suspend, or terminate your access to all or any part of the services at any time, for any or no reason, with or without prior notice, and without liability.
2.8 We do not guarantee or warrant that the data stored in our server or generated by the Portal (such as the products that you have purchased) will be backed up. You shall be responsible for keeping an independent backup of all data stored or generated.
2.9 You must be at least 18 years of age, or of legal age as specified by the laws of Malaysia from time to time, in order to use the Portal. We shall disclaim responsibility for its contractual obligation made with a minor.
2.10 Any agreement entered into by a minor shall be deemed to be entered into by the said minor's legal guardian and shall be binding on the legal guardian, including but not limited to all financial charges and legal liability that the minor may incur as a result of entering into this Agreement.
3.1 You acknowledge that we are selling you a licence to use the electronic books made available through the Portal (“eBook”). We own the intellectual property rights of most of the eBooks but there may be some eBooks that belong to third parties. In this regard, the licence provided by us may be subject to further terms and conditions imposed by the said third parties on you.
3.2 By ordering and paying for any of the eBooks, we hereby grant to you a non-exclusive, non-transferable, limited licence to access the eBooks solely in the regular course of legal and other research, related work and study. If we lose the right to offer any eBook on the Portal, discontinue or close the Portal, or is otherwise unable to offer the eBook, your access to the eBook will terminate immediately without compensation to you.
3.3 At our sole discretion and using commercially reasonable practices, we may provide the eBook in another media format.
3.4 We, at our sole discretion, may update you to a more recent version of the eBook(s) if necessary to maintain access. The previous version(s) of the eBook(s) may not be available after the said update.
3.5 You may:
(1) use the eBook and browse and search the content within the eBook (“the eBook Content”);
(2) download and temporarily store insubstantial portions of the eBook Content to a storage device under your exclusive control, solely:
(i) to internally display such eBook Content; and/or
(ii) to quote excerpts from the eBook Content by electronic cutting and pasting or other means into essays, thesis, professional advice, papers, submissions, communications to and publications for students, clients and potential clients, the preparation of tenders, reports, submissions and other like documents created in the regular course of research, study, supplying educational services or the giving of professional advice.
3.6 You may not without our express prior written permission or as permitted by applicable laws:
(1) copy all or part of the eBook onto a memory storage facility of any computer other than your own computer;
(2) store or use eBook Content in any database or other storage facility in either paper or electronic form which is intended for the storage and/or provision to its users of access to know-how;
(3) sell, license or distribute eBook Content to third parties or use Content as a component of or as a basis for any material offered for sale, licence or distribution;
(4) copy, modify, alter, disassemble, de-compile, translate or convert into human readable form or reverse engineer all or any part of the eBook Content;
(5) remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices; or
(6) in any other way reproduce, copy, download, print, scrape, store, publish, transmit, re-transmit, transfer, communicate, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use the eBook Content or any portion of the eBook Content in any form or by any means.
3.7 We will take all reasonable care to ensure that all details, prices, photographic representations and descriptions of the eBooks are correct at the time when the relevant information was entered onto the system. Whilst we try and ensure that all details, descriptions and prices which appear on this Portal are accurate, we will inform you of any error/changes in the price of any eBooks which you have ordered and reconfirm with you the order price. You may cancel the purchase of the eBook if you disagree with the revised order price.
4. Returns and Refunds
We do not accept any returns or refunds.
5.1 You will not disclose or use our Confidential Information.
5.2 "Confidential Information" means any information disclosed or made available to you by us, directly or indirectly, whether in writing, orally or visually. It includes but is not limited to all information contained within our reporting systems and other performance metrics and any other technical or programming information we disclose or make available to you.
5.3 However, Confidential Information does not include information other than information that:
(1) is or becomes publicly known and generally available other than through your action or inaction; or
(2) was already in your possession (as documented by written records) without confidentiality restrictions before you received it from us.
5.4 You acknowledge, consent and agree that we may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(1) comply with legal process;
(2) enforce this Agreement;
(3) respond to claims that any Content violates the rights of third parties;
(4) respond to your requests for customer service; or
(5) protect our rights, property or personal safety, our users and the public.
6. Limitations of Liability
6.1 You expressly agree that we, our directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors will not be liable for any loss of profits, data or costs of procurement of substitute goods or services, or for any other indirect, special, incidental, punitive, consequential damages arising out of or in connection with this Agreement or other intangible losses, however caused, and under whatever cause of action or theory of liability brought, even if we have been advised of the possibility of such damages, resulting from
(1) your access to or use of or inability to access or use the Portal;
(2) any conduct or Content of any third party on this Portal, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;
(3) any Content obtained from this Portal; and
(4) unauthorised access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
6.3 You must take your own precautions to ensure that the process that you employ for accessing this Portal and our service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this Portal or any linked website.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
8. Our Intellectual Property Rights
8.1 You acknowledge that we own all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Portal, and that you will not acquire any rights, titles, or interests in or to the Portal except as expressly set forth in this Agreement.
8.2 You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Portal or proprietary information related thereto.
8.3 You will not remove, obscure, or alter our copyright notice, or other proprietary rights notices affixed to or contained in the Portal.
8.4 "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.
As part of the service provided, we will send emails to notify you on the on-going activities on the Portal or to inform you about new products or services provided by us. To change any of the settings, please refer to My Account.
11. Termination Of Account
11.1 We may terminate your access to all or any part of the Portal at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the Portal at any time, provided that all provisions of this Agreement, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11.2 We will terminate your access to the site if you are determined to be, in our sole discretion, a repeat infringer of this Agreement.
11.3 We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time.
11.4 We may, but shall not be obligated to, give you one warning if you have violated this Agreement prior to termination of your account.
12. Effects of Termination
In the event that this Agreement terminates for whatsoever reasons, the following shall be applicable:-
(1) your access to the Portal shall immediately terminate;
(2) you shall continue to comply with all of the obligations on your part under this Agreement which are not affected by termination;
(3) we reserve the right to permanently dispose and delete any data held in the Portal without further reference to you; and
(4) any claim which either party may have against the other in respect of any breach or non-performance or repudiation of any of the provisions of this Agreement which shall have occurred prior to such termination shall not be affected or prejudiced.
You agree to indemnify, defend and hold us, our agents, affiliates, shareholders, subsidiaries, directors, officers, employees, and applicable third parties (e.g. syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Portal and/or your breach of any term of this Agreement.
14. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
15. Disputes Resolution
This Agreement will be governed by the laws of Malaysia and parties agree that any dispute or claim between you and us will be adjudicated in the courts in Malaysia. Any claim against us arising from the Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party;
If any of these terms and conditions of this Agreement is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of this Agreement will not be affected.
17.1 We reserve the right to change our terms and conditions herein from time to time. We may change any or all aspects of services provided by the Portal at any time and without notice. Nothing in this Agreement will constrain how we operate our business. You shall be responsible for reviewing and becoming familiar with any such modifications.
17.2 If the alterations constitute a material change to our terms and conditions, we will notify you by posting a notification on this Portal. Use of the services by you following such notification constitutes your acceptance of the terms and conditions of the terms and conditions as modified.
17.3 What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
Updated as at 2.10.2013