TERMS AND CONDITIONS
Welcome to KVK Accounting. Thank you for visiting our website. Here are our terms & conditions for your careful perusal. By using and / or browsing on our website, you agree that you have read, understood and are bound by these terms & conditions (“Terms and Conditions”). If you do not agree with these terms & conditions, in whole or in part, please discontinue using and / or browing our website immediately.
Introduction
KVK Tutorial Center (Business Registration No: PG0509652-H) is a sole proprietorship business registered under the Business Registration Act 1956 of Malaysian law and having its business address at No. 30 Lorong Aman Jaya, Taman Aman Jaya, 14000 Bukit Mertajam, Pulau Pinang (“KVK Accounting”, “we” or “us”), owning and operating the websites bearing the following domains: www.kvk-accounting.com and any other related microsites and / or applications (“Website”).
These Terms and Conditions shall be deemed to include our Privacy Policy provided and all other operating rules, policies, and / or guidelines that we may publish on the Website from time to time. We may assign or change any part or parts of our rights under these Terms and Conditions without your consent or prior notification.
Definitions
- "Merchant(s)”, refers to a third party owner and / or operator of a website or other similar e-commerce, online platform (“Merchant’s / Merchants’ Website(s)”), which sells consumer goods and products.
- “Facility”, refers to any of the facilities offered by KVK Accounting to you through the Website or any other form of communication, and encompasses, among others, enabling users to find Modules available for sale or for free on our Website, to find coupons and promotions that can be redeemed on Merchants’ Websites, and to view Merchants’ advertisements on our Website. Our Facility can be provided to you through the Website, through electronic and other modes of communication and by any applications provided by KVK Accounting that can be downloaded from third party application stores.
- “Modules” shall refer to the Accounting educational materials which are listed on the Website and made available for sale or for free at our Website.
- “User” or “you”, refers to any individual who visits or uses our website.
Use
You may use and browse the Website without registering or providing your personal details. However, in order to fully utilise and gain the benefit of the Facility which we make available, you are required to register with us by providing your e-mail address and indicating your gender. By providing your e-mail address, you agree to receive our newsletters and promotional materials through e-mail.
Viewing and Purchase of Modules
In the course of your use of this Website, you may identify Modules which you wish to view further or purchase. By clicking on these Modules and subsequently undertaking a commitment to purchase, you will be redirected to the payment gateway facilitated by a relevant Merchant’s Website to complete the purchase transaction.
We reserve the right to change, modify or delete any information relating to the Modules, Merchants or otherwise and to cease providing any part of the Facility at any time without giving any prior notice.
We do not guarantee that our Website or Facility will be free of errors, omissions and faults though we will ensure reasonable measures to maintain accuracy of all data presented.
The content displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, KVK Accounting and its Merchants, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
Third Party Links
The Website and/ or the Facility provided may include links to other third party websites, including Merchants’ Websites. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such third-party websites. Once you leave our Website, these Terms and Conditions no longer govern you and you are advised to check the terms and conditions of those websites.
Prohibition
You must not misuse our Website in connection with or for the purpose of criminal or illegal activities. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on our website which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of our service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout our website. KVK Accounting shall be at liberty to take necessary action against any wrongdoer in this regard, including but not limited to lodging formal reports with relevant authorities.
Provision of the Website, Facility and Right to Remove
By using our website you accept and agree as follows:
- We do no guarantee uninterrupted use of the Website or Facility, and access to the same may be suspended, restricted or terminated at any point in time, without prior notice.
- We reserve the right in our sole discretion to block or suspend you from using our Facility or Website, in whole or part, if you have used our Facility or Website in violation of these Terms and Conditions.
- We reserve the rights to terminate your use of our Facility or Website, in whole or part, or the use of our Facility or Website to anyone other than you, using our Facility or Website with your permission or under your direction, in violation of these Terms and Conditions if we have reason to believe that you or such person have committed or may commit any breach of these Terms and Conditions.
Limitation of Liability
We are in no way be liable for any direct, indirect, punitive, incidental, consequential or any other damages resulting from the use or inability to use the Website or Facility or unauthorized access to or alteration of the user's transmissions or data. All use of this Website or Facility shall be at the user’s own risk.
The user understands and agrees that any material and/or data downloaded or otherwise obtained through our Website is done entirely at their own discretion and risk. The user accepts that they will be solely responsible for any damage to their computers and/ or loss of data resulting from downloading such materials.
Indemnity
You agree to indemnify, defend, hold harmless KVK Accounting, its principal, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Website or your breach of these Terms and Conditions.
Trademarks and Copyrights
All intellectual property rights, whether registered or unregistered, on the Website, information content on the website and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property to the extent that we are the proprietor or have the legal right to use, whether by licence or otherwise, such content. The entire contents of the Website also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
You agree not to republish the contents of our Website on any other platform, including other websites.
We do not knowingly violate or permit others to violate the copyrights or trademarks of others.
All other trademarks, product names, company names, logos, and/or service marks mentioned, displayed, cited or otherwise indicated within this Website and/ or the Facility are generated, provided or posted by the respective Merchants, which we do not have control over and we claim no responsibility for such content generated.
If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Website and/ or the Facility or has been otherwise copied and made available on this Website and/ or the Facility in a manner that constitute intellectual property rights infringement, you should liaise with the relevant Merchants directly for such infringement issue and inform us of the same. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
Modification and Severability
We reserve the right to update or modify our Website and/ or the Facility, policies and these Terms and Conditions at any time. These changes will be effective as of the date we post the revised version on this Website and/ or the Facility. Your continued use of this Website and/ or the Facility constitutes your agreement to be bound by the revised Terms and Conditions. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Personal Data Protection
Please see our privacy policy provided below which forms a part of these terms and conditions.
Force Majeure
We shall not be liable to you for any breach, hindrance, failure or delay in providing the full functionality of the Website where this arises as a result of any act or omission which is beyond our reasonable control, including without limitation natural disasters, strikes, lock-outs or other industrial action, political instability, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Governing Law
These Terms and Conditions shall be governed and construed in accordance with Malaysian Law. Both we and you hereby submit to the jurisdiction of the Malaysian Courts for the resolution of any disputes. All dealings, correspondence and contact between us and you shall be made or conducted in the English language.