End User License
By using our E-portal, you agree to our terms,
We Innodatatics, SDN BHD of Kuala Lumpur, Malaysia license you to use:
- the online learning platform accessible on this site (Platform / E-Portal);
- the software/ training program available as a service / offerings available on the Platform (Software) and any updates;
- any and all user manuals, instructions, videos, brochures or similar media files, videos relating to the previous sessions, lectures of top industry experts relating to the Platform made available by us (Documentation); and
- all visual, audio and audio-visual content / materials that we post or upload in the form of text, slides, pictures, images, links, graphic files, data, whatsapp chats and emails.
Grant of License
Innodatatics SDN BHD grants you a revocable, non-exclusive, non-transferrable, non-sub licensable, limited right to install and use the application/software on a single device (mobile / laptop / computer) owned and controlled by you and recommend to access and use the application on such mobile device / laptop / computer strictly in accordance with the terms and conditions of this license.
You agree that you will not
- copy, modify, adapt, translate, or otherwise create derivative works of the Platform, Software, Documentation, Content, Innodatatics intellectual property rights (including, without limitation, all patents, rights to inventions, utility models, copyright, design rights, database rights, rights in software or computer programs, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other related technology required to operate and provide the Platform, or Content;
- post, upload or transmit any Content through the Platform that
(a) is or is at risk of being unlawful, harmful, threatening, obscene, harassing, annoying, racially offensive, or invasive of a person’s privacy and sentiments;
(b) Promoting the contents related to illegal activity or mentioning about religious belief or sexual related images / contents.
- use the Platform in a way that could damage or disable our systems.
- Intentionally introducing any virus, malware, spyware, Trojan horse or other harmful or to the Platform;
- Posting or doing anything which may negatively affect our IT system.
- Attempt to modify /duplicate /copy / lease the platform or our content.
- Use the Platform to build a competitive product / service.
- Attempt to reverse-engineer, decompile or disassemble, modify or copy any methodologies, whitepaper article.
- Remove, overprint of deface or change any notice of confidentiality, copyright, trademark, logo or any or other information received from the company.
- Engage in any unfair and unlawful practices.
- Collecting data, any information from the Platform / from the servers running the Platform.
Term
- The license will be activated for registered participants only.
- The license granted herein shall become effective for each software / training program on the first day of the training.
- The e-learning portal will become active based on their course of your choice / registered program only.
- The e-learning portal will become active for a period of one year from the date of first day of the training. However it can be re-activated based on the request of the participants.
Changes to these terms
- We tend to change these terms to reflect the changes in law to deal with additional features which we introduce or to reflect changes in the terms.
- We will give you at least 7 days’ notice of any change by sending you an email with details of the change.
- If you do not accept the notified changes you will not be permitted to continue to use the Platform / e-learning portal.
Modifications to the Platform/e-learning portal
From time to time we may, by releasing updates, automatically change the Platform to improve its performance, enhance functionality, reflect changes to the system.
How to use the Platform /e-learning portal
You are agreeing to the below terms,
- view, use and display the Platform / e-learning portal on your devices for your personal and/or training and learning purposes only;
- use the permitted training content for learning, Mock, Practice, Assignment, Projects and evaluation purposes only.
- User need to strictly follow our Intellectual rights policy while using the training/learning content.
- We are giving you the login based access personally to you. It is strictly advised not to transfer / share your access to anyone else. Transferring or sharing your access to any third party will cease your access to the portal.
- We advise you to maintain the confidentiality and security of your credentials of the portal access. If found hacked / suspected usage by anyone else other than you, you can please write to us immediately.
- We strongly recommend you to maintain proper laptop /system, stable internet connection and the needed bandwidth to use the portal.
External Links / Third party Links
In some cases, our portal / website is integrated with third-party services or contain links to websites published by third parties. Those third parties hold the responsibility for their own privacy policies and practices. Hence you are advised to concentrate anytime when you are re-directed to third-party website and their policies.
Innodatatics does not make any representations regarding the privacy practices or policies of such third parties. At the same time, Innodatatics does not guarantee the integrity, authenticity, originality those websites.
Intellectual Property Rights, Design Rights, Trade marks
- Intellectual Property Rights shall means and includes, without limitation, any patents, copyrights, trademarks, trade secrets, service marks, database right, design rights moral rights or any other property rights ( in each case, whether registered or not and including applications for registration, if any) research and development, intellectual property rights such as technical information, know-how shall be owned by Innodatatics only.
- Innodatatics shall retain all rights, title and interest and Intellectual Property created, conceived, developed, modified in the form of any software, software design, engineering, hardware code, hardware and software library, schematic, architectural, layout,protocol, model or any intellectual property or document in any format.
- The user shall not reverse – engineer, decompile or disassemble, modify or copy any methodologies, software of whitepaper article, themes, headlines, or confidential information disclosed under this Agreement and shall not remove, overprint, deface or change any notice of confidentiality, copyright, trademark, logo, legend or other notices of ownership from any originals or copies of Confidential Information from the company.
- Notwithstanding anything to the contrary, no license with respect to Intellectual Property Rights shall be deemed or implied to be granted by the company to the user.
- “Confidential Information” shall mean and includes information which is confidential including proprietary information and other information related to the business of the company, its affiliates or any third parties with which the company associates, whether or not such information is expressly marked or designated as confidential information and such information will be retained by Innodatatics.
- The user shall not claim or represent to hold any interest by way of ownership, assignment or otherwise in the Confidential Information.
- The user agrees and understands that all the times during the term of his/her training program and thereafter on the completion / discontinuation of the training program for whatever reason to hold in the strictest confidence, and not to use, and absolutely refrain from in any manner divulging, discussing, disclosing the confidential information to any third party or in any manner directly or indirectly using the confidential information.
- The user acknowledges that any un authorized use or disclosure of the confidential information / content / training content/ marketing collaterals/marketing designs / marketing artworks or any other material given to the user may cause irreparable damage to the company. The user accepts full responsibility to prevent any such unauthorized use or disclosure.
- The user acknowledges that the loss arising out of the unauthorized use or disclosure of the confidential information of the company by the user cannot be reasonably compensated in monetory terms and the user accordingly agrees that the company shall be entitled to seek injunctive and other equitable relief to prevent or curtail any actual or threatened breach by the user.
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Earn back credits, cash rewards, gift vouchers by Innodatatics
- Gift voucher / coupon issued by Innodatatics is valid until Six months only
from the date of issuance, and can be redeemed at Innodatatics, Malaysia only.
- This voucher is non-refundable and is valid for a single transaction only.
- The management retains the right to reject any voucher if it is produced beyond the end date.
- Cash rewards promoted by Innodatatics can be encashed within stipulated period only.
- Cash rewards can be awarded to the eligible participants only.
- Cash rewards cannot be transferred to anyone other than the eligible participants.
- Offering / Promoting Cash reward will be purely at the discretion of the management.
Testimonials from the Clients / Customers
Testimonials shared in this e-portal are sourced in two ways. 1. Direct feedback from our privileged clients, 2. Feedback from clients through social media. Those feed-backs with or without photographs are being shared in this portal with the consent of the clients. However the feed-backs are shared to highlight the brand credibility and not to target any individual.
Customer Data
Customer hereby grants Innodatatics, a limited, non-exclusive, license to use such customer data to deliver the services. Innodatatics license to use the customer data for sending all the necessary correspondence, newsletter, brochures, email etc. Innodatatics agrees to continue using such customer database in its possession for all its future correspondence and events after the training completion of the participant unless it is objected by the customer.
Cookies
Cookie is the text file which is very small and stored on your system. This cookie aims to give you the best experience everytime you use our portal. It is impossible to avail our services without the cookies in our portal. These cookies help to remember your login credentials, your choice and favorites etc., which can save your time. It also helps to identify the unauthorized /fraudulent users. However we wish to state that we don’t store anyone’s personal information. Whatever information collected in our portal is basically to provide a world class learning experience. For any queries regarding cookies, you may please contact us at XXXXXXXX.
Limitation of Liability
Except as for the liability as explicitly stated in this Agreement, Innodatatics shall be in no case and under no circumstances due to whatever reasons in connection with this Agreement, be liable to the Licensee for any consequential, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable including, but not limited to, claims for loss of data, loss of profit or interest, investments, interruption in use or availability of the equipment.
Innodatatics shall have no liability whatsoever to the user / licensee or any other person for or on account of any loss, damage sustained by or any other liability incurred by or imposed upon the user / licensee or any other person arising out of or in connection with
- Interruption of service in the portal due to maintenance.
- Interruption of service due to the act of God.
- Interruption of service due to political events.
However we ensure to take the efforts to correct / repair the errors occur within the reasonable time.
Termination
- Upon notice to Licensee if any amount payable / training fee to the Licensor is not paid within 7 days of the date on which payment is due.
- On breach of the provision mentioned in the agreement.
- On the completion of the training program.
- On discontinuation of the training program.
- For any other reason we may choose (in our absolute discretion).
If we terminate the Platform and/or end your rights to use the Platform you must stop all activities authorized by these terms, including your use of the Platform.
No Right in Third Parties
The agreement is not intended to confer any right or benefit on any third party and no action may be commenced or prosecuted against a party by any third party claiming as a third-party beneficiary of this Agreement or any of the transactions contemplated by this Agreement.
Severance
If any provision of this Agreement is declared by court of competent jurisdiction to be invalid, illegal, unenforceable, or void then both the parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is invalid, illegal, unenforceable, or void. If the remainder of this agreement is capable of substantial performance, then each provision not so affected shall be enforced to the extent permitted by law.
Force Majeure
Innodatatics shall not be liable for delay in or non-performance of the obligations under this agreement, if such delay or non-performance is caused by force majeure, which is understood as being any event beyond the reasonable control of Innodatatics, such as, but not limited to war, riots, nature catastrophes, fire, flood, strike or lockout.
In case of force majeure, Innodatatics shall give prompt notice thereof to the training participants. The terms set forth for performing the services shall then be extended by the delay caused by force majeure.
No Waiver
No waiver by a party of any breach of or default under this Agreement shall be deemed to be a waiver of any other breach or default of any kind or nature, whether or not such party knows of such breach or default at the time it accepts such payment or performance. No failure or delay on the part of a party to exercise any right it may have with respect to this Agreement shall prevent the exercise thereof by such party at any time such other party may continue to be so in default, and no such failure or delay shall operate as a waiver of any default.
A failure by either party to insist upon strict compliance with any of the terms of the Agreement in any instance shall not be construed as a waiver of such terms in the future.
Contacting us (for feedbacks and complaints)
Your feedbacks will be taken constructively and helps us to serve you better.
If you wish to convey your feedbacks about the fault / inaccuracy, you may please write to us at lavanya@360digitmg.com or feedback@360digitmg.com or call us at XXXXXXXXXX.
Incase if we wish to contact you, we will do the any of the below:
- An email will be sent to you to your registered e-mail id. Such e-mail will be considered as delivered on the same day.
- A program advisor may call you for any queries.
It’s recommended to call our Program Director at XXXXXXXXXXX, incase your queries are not answered in 48 hours. You can call us on any working day between 9.30 to 5.30 MYT except festival holidays and weekends. If we couldn’t answer, you can expect the return call by the next working day.
Representations and Warranties of Innodatatics
- Right to Grant License: Innodatatics represents and warrants that Innodatatics has the right and authority to grant the licenses granted to Licensee in this Agreement and that this Agreement and the licenses granted in this Agreement do not and will not conflict with the terms of any agreement to which Innodatatics is a party.
- Disclaimers: Except as otherwise expressly set forth in this Agreement, Innodatatics, its directors, officers, employees and agents make no representations and extend no warranties of any kind, either expresses or implied.
To be very specific, and without limitation, no clause or statement in this agreement shall be interpreted as:
- A warranty or representation by Innodatatics as to the validity or the scope of the Licensed patent.
- An obligation on the part of Innodatatics to bring or prosecute actions against third parties for infringement of the licensed patent or other proprietary rights.
- The granting by implication, estoppels, or otherwise of any licenses or fights under patents other than the Licensed Patent.
Governing Law
All provisions of this agreement that expressly by their terms or by their terms or by implication to come into or continue in force and effect after the expiration or termination of this agreement shall survive the expiration or earlier termination of this agreement; provided that the foregoing enumeration shall not be interpreted to bar survival of any other provision hereof which would otherwise be deemed to survive by operation of law. This agreement shall be interpreted in accordance with the substantive and procedural laws of Kuala lumpur, Malaysia.
