Effective 05 May  2023

1.       Application

1.1These terms and conditions (“User Terms”) govern the access and use of our Services (as defined at the conclusion of this page/document). These User Terms will apply (including to all Services) from the beginning of our relationship with you as the User, which occurs as soon as you access any of the Services.

These User Terms should be read and understood thoroughly as they will be legally binding upon you.

1.2When reference is made to “we” or “us” or “our” in these User Terms, it refers to PSMB.

1.3The use of Headings is solely for convenience and their use will not affect or modify the interpretation of any User Terms so contained here.

1.4The capitalised terms used are defined at the end of these User Terms.

1.5Any version of these User Terms in a language other than English is provided for convenience only and you understand and agree that the English language version will prevail in the event of any conflict.

2.       Services and support

2.1Subject to these User Terms, we will use commercially reasonable efforts to provide you with the Services. You will need an account for most activities on our Website, including to purchase and access content or to submit content for publication. As part of the registration process, you will provide an administrative user name and password for your PSMB e-LATiH account. We reserve the right to refuse registration of, or cancel user names and/or passwords we deem inappropriate.

2.2By registering an account on e-LATiH, accessing and using our Services, you represent and warrant that:

1. all the information provided to us are accurate, correct and complete; and
2. you are eighteen (18) years old and above. If you are below eighteen (18) years old, you are registering an account with the consent, supervision and approval of a parent or legal guardian; and
3. the credit or debit card or any other payment processing method details that you provide for the payment of any courses are from your own credit or debit card or any other selected payment processing method and that you have sufficient funds to make the payments, if applicable.
4. only one (1) account may be registered to one (1) email at a time. The number of devices you may use to log into your account may be subject to limitations.
   

2.3We will provide reasonable technical support services in accordance with our standard practice, and subject to these User Terms.

2.4The Services may also extend to any related items quoted and billed by us.

2.5Any Courses, Materials or Services are subject to our modification, and their availability may be discontinued or altered by us at any time.

2.6We have the absolute discretion and right to refuse registration of any account without assigning any reason whatsoever.

3.0      Restrictions and responsibilities

3.1You acknowledge that you have read our Privacy Policy and that you agree with the content of and to be bound by the Privacy Policy, which is incorporated by reference into these User Terms.

3.2You represent, warrant and covenant that you are over the age of 18, or, if not, you will only use the Services with the involvement, supervision and approval of a parent or legal guardian.

3.3You understand and accept that:

• The Website, special technology used in connection with the Website, the App, the Services, the Software, the Courses and the Materials are provided by us or third-party providers (including Content Providers) and are the copyrighted works of PSMB and/or such third parties;
• Content Providers may choose to terminate their relationships with us and become inactive (we do not guarantee Content Provider or Course availability and we are not liable for any issues relating to Content Provider or Course availability);
• You assume any and all risks from any meetings or contact you have with any Content Providers or Customers or other Users; and
• You are completely responsible for your account with us and for all uses of the account, with or without your knowledge or consent. You shall at all times be responsible to keep your login credentials including password safe and secure. You shall not share any of your personal information to a third party.
• In the event the information given to us shall differ at any time after the registration of your account, you shall immediately inform us of the changes and/or update the details in your account.

4.       Confidentiality; proprietary rights

PSMB confidentially

4.1You agree to take reasonable precautions to protect our non-public information regarding features, functionality, and performance of the Services and PSMB’s Intellectual Property (“PSMB Proprietary Information”) and to comply with all lawful and reasonable directions given to you with respect to PSMB Proprietary Information.

4.2We own and retain all rights, title and interest in and to (a) the Services and Software (including all improvements, enhancements or modifications to the Services and Software), (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, (c) the Materials, and (d) all Intellectual Property in or related to any of the foregoing.

4.3Unless otherwise expressly provided in these User Terms, Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third-party providers and suppliers, as is relevant) and is protected, without limitation, pursuant to applicable copyright and other intellectual property laws.

4.4PSMB has not agreed to and does not agree to treat as confidential any suggestion or idea provided by you (“Feedback”) and nothing in this User Terms or in the parties’ dealings arising out of or related to this User Terms will restrict PSMB’s right to use, profit from, disclose, publish or otherwise exploit any Feedback, without compensation to you.

4.5We have granted a limited, non-exclusive, non-transferable license for you to access and use the e-LATiH Website (after all required fees, consideration for your use of the Service, have been paid by the Customer), solely for the purpose of your education or training, through the Services, in accordance with these User Terms and any conditions or restrictions associated with particular Courses or Services. All other uses are prohibited without our express written consent.

4.6You must not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any PSMB Content, in whole or in part, other than as expressly authorised under these User Terms or as separately authorised by us in writing.

4.7You must not accept licensed rights to Content from Content Providers and any such direct license is a material breach of these User Terms.

4.8You agree that we may, in accordance with our Privacy Policy:

1. Retain and use your personal information (as that phrase is defined in the Privacy Policy), including, without limitation, name, address, contact details including email and phone number, Courses undertaken or scheduled and any other information as required;
2. Contact, deal directly with and offer Courses to you, including after you have ceased employment or engagement with a Customer. 

4.9Notwithstanding the foregoing, we reserve the right to revoke the license to access and use the Content granted by us.

4.10Notwithstanding anything to the contrary, and subject to the Privacy Policy, You agree and authorise that PSMB has the right to collect, store, analyse data, process your personal information and/or other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including information concerning Customer Data and data derived therefrom), and we will be free at all times, including after your access and use ceases, to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other PSMB offerings, and (ii) disclose such data solely in aggregate or other lawful de-identified form for the purpose of (i) above. No rights or licenses are granted except as expressly set forth in these User Terms or the Customer Terms of Service

4.11 All use of the contents in PSMB e-LATiH Website / App is at your own risk, with PSMB bearing no responsibility or liability for such use.

5.       Payments

5.1You agree to pay the fees for the course that you purchase from PSMB, and you authorize PSMB’s appointed platform manager, My Live Learning Sdn. Bhd. (1436583M) with the registered business address at H-20-01, Block H, Empire City, No. 8, Jalan Damansara PJU 8, Damansara Perdana, 47820 Petaling Jaya, Selangor, Malaysia, to charge your debit or credit card, or process other means of payment (“mode of payment”) for those fees on behalf of PSMB.

5.2To ensure that your payment process is secured, your mode of payment details will be encrypted to reduce the possibilities of third parties reading them as they are sent over the Internet. However, we do not represent nor warrant that your mode of payment details will not be misappropriated. Your selected mode of payment with your selected financial institution may also conduct security checks to confirm that it is you that is purchasing the course on our Website. Upon security checks, your bank account with the selected financial institution will be debited. If we do not receive the necessary confirmation from the your selected financial institution we will not be liable for any delay or rejected course purchase. In the event that your payment method fails and you still get access to the course you purchase, we reserve the right to disable access to any content for which we have not received adequate payment.

5.3You agree to pay any fees and additional charges that may be incurred in connection with your username and password.

5.4We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your purchase and payment secure. In the absence of negligence on our part, we shall not be held liable for any losses you may suffer if a third party unauthorisedly accesses any data you provide when accessing or purchasing a course on our Website.

6.      Term and termination

6.1Your use of the Services is permitted only for as long as you follow all applicable terms & conditions imposed by PSMB from time to time.

6.2We shall have the absolute discretion and right to terminate the User account without assigning any reason whatsoever.

6.3We consider the following actions as wrongful use of an account on eLATiH, including but not limited to:

1. usage of account for any illegal activities in accordance to the laws of Malaysia;
2. usage of multiple account for the subscription of are to be linked to the same User without our knowledge, approval or consent;
3. creation of account on behalf of another person or entity without their authorization. 

6.4In the event that :

1. we detect multiple accounts being linked to the same User without our knowledge, approval or consent;
2. wrongful use of account as detailed in Clause 6.3;
3. payment methods that we deem suspicious;
4. multiple instances of payment failure; or
5. information given is incomplete, invalid, inaccurate, false or wrongful;
6. any breach of the terms and conditions contained herein;
7. then in any cases mentioned above, without prejudice to any other rights and remedies available to us under law, we shall reserve our right to:
   1. cancel any of your current purchased courses;
   2. immediately terminate your access to our Website without further reference to you;
   3. suspend your account and/or payment accounts indefinitely; and
   4. immediately cease all further communications with you.
      

7.       Information, general exclusions, and operation of laws

7.1All Materials and other information communicated to you via Content Providers or our employees, contractors, agents or representatives are provided in good faith. They are believed to be accurate and current as at the date of publication, presentation or communication, and we do not exercise any editorial control over the Content that is available on the webiste. We provide no warranty or guarantee that any Contents, Materials, information on linked websites or information otherwise communicated to you will be in any manner reliable, valid, accurate or complete. No materials as provided by us should be regarded as professional advice and should not be relied upon as such.

7.2Prior to taking any particular course of action in connection with the Website, the App or Services, you should make your own enquiries and seek independent advice based on your specific circumstances, needs and objectives.

7.3We are not responsible or liable for any interactions between any Content Providers and Users who purchase or use a Content Provider’s Course via the Services. We are not responsible for disputes, claims, losses, injuries or damages of any kind that might arise out of or relate to the conduct of Content Providers or Users, including User’s reliance upon any information provided by a Content Provider. While we restrict the type of information the Content Provider may have access to, we do not control what Users and Content Provider do with the information they obtain from other Users on the Website.

7.4We do not hire or employ any Content Provider nor are we responsible or liable for any interactions involved between Content Provider and Users. We are not liable for any disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of the Content Provider or Users.

7.5You also understand that, by using the Services, you may be exposed to content that you consider objectionable. We have no responsibility to keep such content from you and no liability for your access or use of any Course or content, to the extent permissible under applicable law. You shall assume full responsibility for the choices you make prior, during and after your access to the content.

7.6We understand and you acknowledge and agree that the Services and any other goods or services supplied by us to you or used by you are not of a kind ordinarily acquired for personal, domestic or household use. If, at any time, this becomes not the case, you must notify us. You are welcome to discuss and raise any issues of concern you have with these User Terms.

7.7We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will PSMB be held liable for any damages due to such interruptions or lack of availability of such features.

7.8To the maximum extent permitted by applicable law:

• WE MAKE NO GUARANTEE AS TO THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, USEFULNESS OF THE SERVICES OR MATERIALS, NOR ANY OF THE PRODUCTS AND SERVICES PROMOTED ON THE WEBSITE, THE APP OR VIA LINKED WEBSITES OR COMMUNICATED TO YOU BY US. IN PARTICULAR, WE MAKE NO GUARANTEE AS TO THE APPROPRIATENESS OF THE COURSES OR MATERIALS PROVIDED TO YOU BY US OR OUR EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES.
• WE MAKE NO WARRANTY OR REPRESENTATION (EXPRESS OR IMPLIED) REGARDING THE QUALITY, ACCURACY, RELIABILITY, CURRENCY, PERFORMANCE, COMPLETENESS OR FITNESS FOR PURPOSE OF ANY PART OF THE SERVICES, THE WEBSITE, THE APP, THE CONTENTS, THE MATERIALS AND OTHER INFORMATION COMMUNICATED TO YOU BY US OR OUR EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES.
• WE MAKE NO GUARANTEE OR REPRESENTATION ABOUT THE SECURITY, LACK OF ERRORS OF THE SERVICES OR THE CONTENTS AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS (EXPRESS OR IMPLOED) INCLUDING THE WARRANTY OF MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
• WE MAKE NO WARRANTY THAT YOU WILL OBTAIN SPECIFIC RESULTS FROM THE USE OF THE SERVICES OR THE CONTENTS.
• WE DO NOT WARRANT THAT THE WEBSITE, THE APP OR THE SERVICES WILL BE UNINTERRUPTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.
• WE DO NOT REPRESENT OR WARRANT (EXPRESSLY OR IMPLIEDLY) THAT THE WEBSITE, THE APP, THE MATERIALS OR THE FACILITIES THAT MAKE THE WEBSITE, THE APP AND THE PSMB CONTENT AVAILABLE, WILL NOT CAUSE DAMAGE, OR ARE FREE FROM ANY COMPUTER VIRUS, MALWARE OR ANY OTHER DEFECTS OR ERRORS.
• WE ARE NOT LIABLE (WHETHER IN CONTRACT, NEGLIGENCE OR OTHERWISE) FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEBSITE, THE APP, THE CONTENT, THE MATERIALS OR THE SERVICES.
• YOU AGREE TO INDEMNIFY PSMB AND ITS AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES (INDEMNIFIED PARTIES) IN RESPECT OF ANY CLAIM, ACTION, DAMAGE, LOSS, LIABILITY, COST, CHARGE, EXPENSE, OUTGOING OR PAYMENT (INCLUDING LEGAL EXPENSES (ON A FULL INDEMNITY BASIS), ARISING FROM OR RELATING TO: (I) YOUR USE OF THE SERVICES OR ANY MATERIALS; (II) A BREACH OF THESE USER TERMS; AND (III) YOUR BREACH OF ANY APPLICABLE LAW.

7.9We shall not be in breach of this User Terms nor be liable for delay in performing, or failure to perform, any of our obligations if such delay or failure results from events, circumstances, or causes beyond our reasonable control.

(These include, without limitation: Fire, flood, acts of God, interruption or failure of utility or telecommunications service, government actions, labour disputes or other similar events).

In such circumstances, we shall be entitled to a reasonable extension of time for reasonable performance of our obligations.

8.       Links to other websites

8.1The Website and/or the App may contain links and pointers to other websites operated by third parties, which are included solely for your convenience. Links to third party websites do not constitute endorsement, sponsorship or approval by us of the content, policies or practices of those third parties, nor the content available on or for download from those third-party sites.

8.2You agree that any access to third party linked websites shall be done at completely your own risk.

8.3We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any goods or services available on or through any third-party website.

9.       Updates to Terms

9.1From time to time, we may update these User Terms to clarify our practices or to reflect new or different practices, such as adding new features. We reserve the right in our sole discretion to modify and/or make changes to these User Terms at any time. Any material changes to these User Terms will be notified to you by us through prominent means, such as email notice sent to your latest email address we have on record, or by posting notice through our Services, the Website or the App. Modifications will become effective on the day they are posted or otherwise published, unless stated otherwise.

9.2Your continued use of our Services after changes become effective will mean you accept those changes. You must visit the Services, the Website and the App regularly to ensure that you are aware of the latest version of the User Terms, as any revised User Terms will supersede all previous User Terms.

10.       Entire Agreement

10.1This page/document is the complete and exclusive statement of the mutual understanding between you and us and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this page/document.  Any waivers must be in writing signed by both parties.

11.      Miscellaneous

11.1If any provision of these User Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the User Terms will otherwise remain in full force, effect and enforceability.

11.2No relationship of agency, partnership, joint venture, or employment is created as a result of these User Terms and you do not have any authority of any kind to bind us in any respect.

11.3In any action or proceedings to enforce rights under these User Terms, the prevailing party will be entitled to recover costs and attorneys’ fees.

11.4These User Terms are governed by the laws of the applicable jurisdiction, and the parties irrevocably submit to the exclusive jurisdiction of the courts of the applicable jurisdiction.

11.5In the event that our platform is down, either for planned maintenance or because something goes down with the site. You accept that you will not have any recourse against us in any of these types of cases where things does not work out. The Services and the Content provided shall be on a “as is” and “as available” basis.

12.     Definitions

12.1   The following definitions apply:

App means any application or interface in which the e-LATiH Content and Services are accessible.

Content means all software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including its selection and arrangements.

Content Provider means content provider registered with PSMB / government agency / learning institution / university / business entity who has been in the business of the provision of quality training courses.

Course means a training course or other resource for instructing, educating, training, learning and/or tutoring and includes mobile applications and related and/or supporting materials.

e-LATiH refers collectively to the dedicated online learning portal produced pursuant to PSMB initiative to train Users via electronic means with the objective to facilitate the upskilling and reskilling of Malaysians.

Intellectual Property means all intellectual property rights, including the following rights:

1. patents, copyright, rights in circuit layouts, designs, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have confidential information kept confidential;
2. any application or right to apply for registration of any of the rights referred to in paragraph (a); and
3. all rights of a similar nature to any of the rights in paragraphs (a) and (b) that may subsist anywhere in the world, whether or not such rights are registered or capable of being registered.

Materials means documents, information, materials (including marketing materials) and communications, provided or made available by or through PSMB, including through the Website, the App and learning management portal, and includes PSMB Content.

PSMB means Pembangunan Sumber Manusia Berhad (Human Resource Development Corporation) (Company No. 200101009387 / 545143-D) a corporation established under Companies Act 2016 (Act 777) and governed under Pembangunan Sumber Manusia Act 2001 (Act 612) with registered address at Wisma HRD Corp, Jalan Beringin, Damansara Heights, 50490 Kuala Lumpur, Malaysia.

PSMB Content means Content published or otherwise provided by or through PSMB, including through the Website or the App.

Privacy Policy means PSMB’s e-LATiH privacy policy as amended from time to time.

Services means all services supplied by PSMB to the Users via the Website, the App or other means, including marketing, promoting, facilitating, offering, hosting and providing Courses, providing access to Software and access to or licensing of specific Courses and includes the Implementation Services, as may be detailed more specifically at the discretion of PSMB.

Software means the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services.

User means a person who in any way uses the Website, the App, any Course, the Materials, the Software or any of the Services (in these User Terms, the User is also referred to as “you” or “your”).

Website means PSMB e-LATiH’s website at https://elatih.hrdcorp.gov.my  in which the e-LATiH Content and Services are accessible.