Terms of Service

 

1.       Definitions

Service’ is the digital bookstore service operated by Finance Accreditation Agency (‘FAA’) on the World Wide Web of the Internet, consisting of information services, content and online publications provided or made available by FAA, FAA’s related corporations, contractors, successors, assigns, and third parties. ‘User’ means each person or entity who establishes or accesses a connection for access to and/or use of the Service.

 

2.       General

This Terms of Service sets forth the terms and conditions that apply to the access and use of the Service by User. By accessing and/or using the Service (other than to read this Terms of Service for the first time), User agrees to comply with all of the terms and conditions of this Terms of Service. The right to access and use the Service is personal to User and is not transferable to any other person or entity.

FAA shall have the right at any time to change or discontinue any aspect or feature of the Service, including, but not limited to, content, hours of availability, and equipment needed for access and use.

 

3.       Amended Terms

FAA shall have the right at any time to add, delete, amend, or modify the terms and conditions applicable to User's access and use of the Service, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for access and use. Such addition, deletion, amendment, or modification shall be effective immediately upon notice thereof, which may be given by means of, including, but not limited to, posting on the Service, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the Service by User after the issuance of such notice shall be deemed to constitute acceptance by User of such addition, deletion, amendment, or modification.

 

4.       Membership

In order to be able to fully access and use the Service, User must become a member. To become a member, User must complete User’s registration details in the manner described on the Service. FAA reserves the right to terminate User’s membership at any time if User breach this Terms of Service. User agrees to ensure that User’s registration details are true and accurate at all times. Specifically, User must notify FAA of any change to the registration details as originally supplied.

Upon registration, User will be provided with a password and account designation. User is responsible for all use of User's access to and/or use of the Service (under any screen name or password) and for ensuring that all such access and/or use complies fully with the terms and conditions of this Terms of Service. User shall be responsible for protecting the confidentiality of User's password(s).

 

5.       Equipment

User shall be responsible for obtaining and maintaining all internet access, mobile devices, personal computers and other equipment needed for access to and use of the Service and all charges related thereto. As User’s the view and/or display of the Service may depend on User’s own equipment, FAA cannot guarantee how the Service is viewed and/or displayed by User.

 

6.       Online Publications and Content

The Service contains materials subject to the protection of copyright, trademarks and other proprietary rights under the applicable copyright, trademark and other laws on intellectual property rights. FAA and/or the relevant copyright holders own the copyright in: (a) electronic content, such as books, journals, periodicals and other online publications available on the Service (‘Online Publications’); and (b) the selection, coordination, arrangement and enhancement of all content including, but not limited to, information, text, graphics, photos, music, sound, video and other materials appearing on the Service, including the content original to it (‘Content’).

FAA grants User a non-exclusive and non-transferrable right to: (a) subject to payment of the applicable fees and charges for the Online Publications and of the rights of FAA and/or the relevant copyright holders to provide the Online Publications, to download copies of the Online Publications and to access, view, display, store and reproduce such Online Publications or as otherwise permitted by FAA and/or the relevant copyright holders for User’s own personal and non-commercial use; and (b) to access, view, display and reproduce the Content for User’s own personal and non-commercial use.

 

7.       Restrictions

User may not adapt, modify, publish, transmit, distribute, disseminate, link to, frame (by whatever means), forward, create derivative works, comingle, transfer, sell, participate in the transfer or sale, sub-license, or in any way exploit, any of the Service, in whole or in part.

If FAA and/or the relevant copyright holders lose the rights to provide User any Online Publications, FAA will cease providing such Online Publications to User and User may no longer use such Online Publications. For certain Online Publications, FAA may be acting as an agent of the copyright holder (and its agents) in providing such Online Publications to User under this Terms of Service. User acknowledges that such copyright holder (and its agents) shall be the seller(s) of such Online Publications to User under this Terms of Service.

FAA may restrict the number of devices and/or software applications User may use to access Online Publications and such restrictions may be implemented by FAA at any time at FAA’s discretion. User acknowledges and agrees that FAA may record and store the unique device identifier numbers of User’s devices in order to enforce such restrictions.

The Online Publications may be subject to additional terms and conditions of the copyright holder.

Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the Service shall be permitted without the express permission of FAA and/or the relevant copyright holder. In the event of any permitted copying, redistribution or publication of material subject to copyright, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.

 

8.       User Conduct

User shall use the Service for lawful purposes only. User shall not post or transmit through the Service any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, an invasion of privacy, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without FAA’s prior written approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in FAA’s view restricts or inhibits any other User from using or enjoying the Service shall not be permitted. User shall not use the Service to advertise or perform any commercial solicitation, including but not limited to, the solicitation of users to become subscribers of other on-line information services. User shall not compromise the integrity of FAA’s software or systems. User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service.

User shall not upload, post or otherwise make available on or through the Service any material protected by copyright, trademark or other intellectual property rights without the express permission of the owner of the copyright, trademark or other intellectual property rights and the burden of determining that any material is not protected by copyright, trademark or other intellectual property rights rests with User. User shall be solely liable for any damage resulting from any infringement of copyright, trademark or other intellectual property rights, or any other harm resulting from such a submission. By submitting material to any public area of the Service, User automatically grants, or warrants that the owner of such material has expressly granted FAA the royalty-free, perpetual, irrevocable, non-exclusive right and license (including the right to sub-license) to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, display, store or reproduce the material for that User's personal use. User hereby grants FAA the right to edit, copy, publish and distribute any material made available on the Service by User.

The foregoing provisions of this Section 8are for the benefit of FAA, FAA’s related corporations, contractors, successors, assigns, and third parties content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

9.       Terms of Purchase

User may offer to purchase the Online Publications available on the Service for the price specified therein (‘Order’).

Prices and availability of the Online Publications are subject to change without notice.

All  Prices are stated exclusive of all taxes, levies, duties and imposts.

FAA utilises a payment gateway provider to process payments for the Order. Although payment of the Order is processed over a secured transmission from FAA to a third party, FAA does not guarantee and cannot ensure the security and/or reliability of the payment gateway provider. Accordingly, any payment details which User transmits to the payment gateway provider is transmitted to the payment gateway provider at User’s own risk.

FAA will make all reasonable attempts to notify User should there be any technical error that could affect the viewing and/or display of the purchased Online Publications using the details User has provided. User shall ensure the correct contact details and email address is provided. FAA cannot be held responsible for any incorrect order details, or an incorrect contact number or email address being entered in the Order. If this is not noticed until after the Order is finalised, User shall contact FAA immediately.

Unless due to technical error solely on the part of FAA in the viewing and display of the Online Publications and/or User’s purchase of the Order, FAA does not allow any refunds for the Order.

 

10.   Monitoring

FAA shall have the right, but not the obligation, to monitor the content of the Service, to determine compliance with this Terms of Service and any operating rules established by FAA and to satisfy any law, regulation or government request. FAA shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service. Without limiting the foregoing, FAA shall have the right to remove any material that FAA, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

 

11.   Log-in Information

FAA's servers automatically record information that User’s browser sends whenever User visits the Service. These server logs may include information such as the date and time of User’s visit, User’s Internet Protocol address, browser type, browser language, browser screen size, and one or more cookies that identify User’s browser. The information FAA collects is only used to compile statistics, on an aggregated basis, on the usage of the Service.

 

12.   Cookies

A cookie is a small piece of information that is sent to a user browser when a user accesses a website. The use of cookies is an industry standard and they are found at most major websites.

On those web pages of the Service where FAA uses ‘cookies’ to facilitate User’s access and use of the Service, FAA does not collect personal information about User. Cookies help FAA to store user preferences and track usage trends on an aggregated basis. FAA uses cookies to define User sessions as well as to provide a number of key features for Service website usage reports. These cookies are unique to FAA's domain and cannot be altered or retrieved by any service on another domain.

 

13.   Google Analytics

The Service makes use of Google Analytics, an external service provided by Google, to obtain reports about the usage of the Service. The information sent by the browser is also sent to servers operated by Google, and is used to provide FAA with aggregated statistics about the number of browser visits, usage patterns, and searches performed on the Service.

 

14.   Information from email User sends to FAA

If User decides to send to FAA an email message, the message will usually contain User’s return email address. If User includes personally-identifying information in User’s email because User wants FAA to address issues specific to User’s situation, FAA may use that information in responding to User’s request. Also, an email is not totally secured against interception. Please send only information necessary to help FAA process User’s request.

 

15.   Voluntary Submission of Information

On some of the web pages of the Service FAA provides forms that let User voluntarily submit personal information (such as name, email address, and contact number). For example, this occurs when User is making a purchase of the Online Publications, submitting a feedback/complaint to FAA, participating in an online survey conducted by FAA or subscribing to FAA’s ‘Email Alert’ service. In those cases, all submitted information is used only for the expressed purposes for which it is intended and is not made available to any third party.

 

16.   Personal Data Protection

FAA processes User personal data in accordance with FAA’s Personal Data Protection Notice.

 

17.   Security of information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst FAA strives to protect such information, FAA does not guarantee and cannot ensure the security of any information which User transmits to FAA. Accordingly, any information which User transmits to FAA is transmitted at User’s own risk. Nevertheless, once FAA receives User’s transmission, FAA will take reasonable steps to preserve the security of such information. User acknowledges sole responsibility for and assume all risk arising from User’s access to and/or use of the Services.

 

18.   Indemnification

User agrees to defend, indemnify and hold harmless FAA, FAA’s related corporations, contractors, successors, assigns, and third parties, and each of their respective directors, officers, employees and agents from and against all loss, damage, claims or expenses, including attorneys' fees, arising out of Uer’s access to and/or use of the Service.

 

19.   Disclaimer of Warranty; Limitation of Liability

USER EXPRESSLY AGREES THAT ACCESS AND/OR USE OF THE SERVICE IS AT USER'S SOLE RISK. NEITHER FAA, FAA’S STAKEHOLDERS, CONTRACTORS, SUCCESSORS, ASSIGNS, NOR ANY OF EACH OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE.

THE SERVICE IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS OR COMPLETENESS, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS BEHAVIOUR, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT FAA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

IN NO EVENT WILL FAA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR THE SERVICE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER FAA, NOR FAA’S STAKEHOLDERS, CONTRACTORS, SUCCESSORS, ASSIGNS, THIRD PARTY INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SERVICE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER FAA, NOR FAA’S STAKEHOLDERS, CONTRACTORS, SUCCESSORS, ASSIGNS, THIRD PARTY INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

REFERENCE TO ANY SPECIFIC COMMERCIAL PRODUCT, PROCESS OR SERVICE BY TRADE NAME, TRADE MARK, MANUFACTURER OR OTHERWISE BY FAA OR ITS AFFLIATES DOES NOT CONSTITUTE AN ENDORSEMENT, A RECOMMENDATION OR A FAVOURING BY FAA.

IF USER IS A CONSUMER FOR THE PURPOSE OF THE CONSUMER PROTECTION ACT 1999, THE RESTRICTIONS OR LIMITATIONS IN THIS SECTION DOES NOT APPLY TO USER.

 

20.   Termination

Either FAA or User may terminate this Terms of Service at any time. Without limiting the foregoing, FAA shall have the right to immediately terminate User's access to and use of the Service in the event of any conduct by User which FAA, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Terms of Service. The provisions of this Section, Sections 7, 8, 18, 19, 21and the Personal Data Protection Notice shall survive termination of this Terms of Service.

 

21.   Name and mark of FAA.

The FAA and Service name and mark cannot be used by User or any person without the prior written approval of FAA. All other trade names and trademarks appearing on the Service are the property of their respective owners.

 

22.   Linked websites

The Service may contain links to other websites (‘Third Party Links’). The Third Party Links are provided for convenience only and may not remain current or be maintained. FAA is not responsible for the content or privacy policy associated with Third Party Links. FAA’s links with Third Party Links should not be construed as an endorsement, approval or recommendation by FAA of the owners or operators of Third Party Links, or of any information, graphics, materials products or services referred to or contained on Third Party Links, unless and to the extent stipulated to the contrary.

 

23.   Third Party Content.

Unless otherwise specified in the Service, FAA is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, FAA has no more editorial control over such content than does a public library, bookstore, or news stand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of the Service, are those of the respective author(s) or distributor(s) and not of FAA. Subject to Section 19, neither FAA nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through the Service represents the opinions and judgments of the respective information provider, User, or other user not under contract with FAA. FAA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Service by anyone other than authorised FAA employee spokespersons while acting in their official capacities. Under no circumstances shall FAA be liable for any loss or damage caused by a User's reliance on information obtained through the Service. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Service. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

 

24.   Miscellaneous.

This Terms of Service and any operating rules for the Service established by FAA constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Terms of Service shall be construed in accordance with the laws of Malaysia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

 

To Users from Malaysia:

Without prejudice to Section 9, from the effective date (‘GST Effective Date’) of goods and services tax (‘GST’) under the Goods and Services Tax Act, 2014, in addition to the fees and any charges specified in the Service, User shall pay all GST as is applicable to any supply of goods and/or services hereunder.  For this purpose, FAA shall provide evidence that it is duly licensed to collect the GST and shall provide a tax invoice that complies with the requirements of the Goods and Services Tax Act, 2014 and regulations made thereunder.

In the case where before the GST Effective Date: (a) any payment is received by FAA in connection with any Order made on or after the GST Effective Date; or (b) an invoice is issued relating to any Order made on or after the GST Effective Date, then User shall be liable to pay to FAA an amount which is equal to the GST which FAA is required to account to the applicable Malaysian taxation authority. In this regard, User acknowledges and agrees that such payment is a contractual indemnity and not a charge by FAA to User for GST. No tax invoice shall therefore be issued for such payment.

All payments for the Order shall be made within such time as specified by FAA so that the same is received by FAA within such time that FAA’s GST tax return for the relevant applicable taxable period needs to be filed.

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