30 Jul 2015 12:00:00 AM

Terms of Use

These Terms of Use constitute the entire agreement between you and Talent Corporation Malaysia Berhad (“TalentCorp“) regarding your access, use and provision of any information, data and/or other content to this flexWorkLife portal. These Terms of Use incorporate and shall be read together with our Disclaimer and Privacy Policy.

Acceptance Through Use
This flexWorkLife portal is operated by TalentCorp. By using and accessing this flexWorkLife portal, you agree to be bound by all of the terms, conditions and notices contained or referenced in these Terms of Use. By accessing this flexWorkLife portal, you warrant that you have the legal authority to enter into this agreement and to assume, and do assume, any risks related to your use of this flexWorkLife portal and its content and that you understand these Terms of Use and the risks relating to their use. You should review the Terms of Use from time to time. TalentCorp may change any of the Terms of Use at any time without notice by posting revisions to this flexWorkLife portal. Your continued use of this flexWorkLife portal constitutes your acceptance of the revised Terms of Use. If you do not agree with these Terms of Use or are dissatisfied with this flexWorkLife portal or its contents, your only remedy is to stop using it and you must exit this flexWorkLife portal immediately.

Content and Functionality of flexWorkLife portal
  • This flexWorkLife portal contains a variety of information concerning TalentCorp’s gender diversity agenda and work life integration initiatives. All information is provided for informational and educational purposes only. All information is provided “as is” without warranty or condition of any kind, express or implied, and all such warranties or conditions are hereby disclaimed. Talentcorp assumes no responsibility to you or to any third party for any errors or omissions.
  • TalentCorp will revise the content, display or functionality of this flexWorkLife portal as it deems necessary, and consequently information may be changed, removed or updated without prior notice. Disruptions to this flexWorkLife portal may occur as a consequence of the need to revise its content, display or functionality, or for other related and/or unrelated reasons. Although it is TalentCorp’s goal to minimize disruptions to this service, it does not guarantee that this flexWorkLife portal will be available at all times.

Intellectual Property
  • You acknowledge that all content and materials available on this flexWorkLife portal and all content and materials provided by or through TalentCorp, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including but not limited to all informational text, documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (“Content“) are owned or controlled by TalentCorp or other parties that have licensed their content and materials to TalentCorp and are protected by copyright, trademark, trade secret and other intellectual property laws.

  • All TalentCorp’s trademarks and service marks, logos, slogans, and taglines are the property of TalentCorp. All other trademarks, service marks, logos, slogans, and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on this flexWorkLife portal without TalentCorp’s express written permission, or the express written permission of such third party that may own the trademark, service mark, logo, slogan or tagline.

Restrictions on Use
The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of TalentCorp, except that:
  • You may download, print, distribute and use pages from this flexWorkLife portal for your own personal, informational and non-commercial purposes only

  • Any copies of documents or pages from this flexWorkLife portal must not alter the original flexWorkLife portal content and must include the copyright notice: Copyright 2014 flexWorkLife.my All Rights Reserved.

  • You may link to flexWorkLife portal provided that the link does not falsely imply or suggest that TalentCorp has endorsed or is affiliated with the linked website.

Users of this flexWorkLife portal must not:
  • Monitor, gather or copy any Content on this flexWorkLife portal by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind or any other technological means (including any technology available in the future)

  • Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout)

  • Attempt to create or compile, directly or indirectly, a collection, compilation, database or directory of this flexWorkLife portal by any retrieval system without the written permission of TalentCorp

  • Attempt to circumvent the security systems of this flexWorkLife portal

  • Attempt to use this flexWorkLife portal for any purposes other than those intended by TalentCorp, as determined by TalentCorp in its sole discretion

International Use
This flexWorkLife portal is intended for use by legal Malaysian residents residing within the geographic borders of Malaysia. If you choose to access this flexWorkLife portal from any location other than Malaysia, you accept full responsibility for compliance with the laws of the jurisdiction where the access occurs. TalentCorp makes no representation that this flexWorkLife portal or the Content is appropriate or available for use in locations outside Malaysia.

Linked Sites
TalentCorp may provide links to other sites (“Linked Sites“) that may be of relevance and interest to users. TalentCorp has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against TalentCorp with respect to the Linked Sites.

Representations and Warrants
You hereby represent and warrant that:
  • At all times, it is your responsibility to ensure you shall comply with all applicable laws and regulations including without limitation, copyright law

  • You shall comply with these Terms of Use, Disclaimer and Privacy Policy and such other notices or guidelines that may be posted on the Site by TalentCorp from time to time (which are hereby incorporated by reference into these Terms of Use)

  • You shall not use the information obtained as a result of the use of this flexWorkLife portal for any purpose whatsoever other than for your personal, informational and non-commercial purposes only

  • You shall not infringe on the intellectual property rights of any Content

  • You shall not use this flexWorkLife portal for any unlawful purpose including, but not limited to, the introduction or transmission of any data or program containing computer virus, computer worm, Trojan horse or other harmful or malicious codes;

  • You shall not hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of this flexWorkLife portal, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming

  • You agree to defend, indemnify and hold harmless TalentCorp from and against any claims, actions or demand, alleging or resulting from your use of this flexWorkLife portal or your breach of these Terms of Use.

Limitation of Liability
  • Neither TalentCorp, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering this flexWorkLife portal is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this flexWorkLife portal or the operation of this flexWorkLife portal or failure of this flexWorkLife portal to operate.

  • In no event shall TalentCorp be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if TalentCorp has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this flexWorkLife portal.

  • These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of these Terms of Use and the parties acknowledge that TalentCorp would not grant access to this flexWorkLife portal without your agreement to this term.

  • You acknowledge and agree that the limitations of liability set forth in this terms of service reflect a reasonable and fair allocation of risk between you and TalentCorp, and that these limitations are an essential basis to TalentCorp’s ability to make this flexWorkLife portal available to you on an economically feasible basis.

  • TalentCorp may at its sole discretion and at any time discontinue providing access to this flexWorkLife portal, or any part thereof, with or without notice.

  • You agree that any termination of your access to this flexWorkLife portal, may be affected without prior notice, and you agree that TalentCorp will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies TalentCorp may have at law or in equity.

  • Your only remedy with respect to any dissatisfaction with:

    • any term of these Terms of Use, Disclaimer and Privacy Policy;

    • any other guidelines, policy or practice of TalentCorp in operating this flexWorkLife portal

    • any content or information transmitted through this flexWorkLife portal, is to discontinue use of any and all parts of this flexWorkLife portal.

TalentCorp reserves the right to modify or replace any part of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of or access to this flexWorkLife portal following the posting of any changes to these Terms of Use constitutes acceptance of those changes. TalentCorp may also, in the future, offer new services and/or features through this flexWorkLife portal (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of these Terms of Use.

  • No waiver of any rights or remedies by TalentCorp shall be effective unless made in writing and signed by an authorised representative of TalentCorp.

  • A failure by TalentCorp to exercise or enforce any rights conferred upon it by these Terms of Use shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

Governing Law & Jurisdiction
  • These Terms of Use, Disclaimer and Privacy Policy and all matters relating to your access to, or use of, this flexWorkLife portal shall be governed by and construed in accordance with the laws of Malaysia.

  • You hereby agree to submit to the non-exclusive jurisdiction of Malaysian courts.