Terms of Use

 

Welcome to MySchoolAsia, www.myschool.asia. Life Line Lab Sdn Bhd built MySchoolAsia to provide a platform for students, parents, and schools in relation to the management of all matters pertinent in the provision of education. MySchoolAsia is a web-based system with web applications and mobile applications created to ease your user experience. These Terms of Service contain the Terms and Conditions (this “Agreement”) that govern the use of our Platform and Services (as defined below) and all content, services, and/or products available on or through the Platform (collectively, the “MySchoolAsia Services”).

By availing of and/or using the MySchoolAsia Services, you, as User, unconditionally accepts (other than the Special Terms, as defined below), the Terms and Conditions contained herein, including our Privacy Policy (at www.myschool.asia/privacy-policy/), the Guidelines (as defined below) and any future modifications thereof, as well as other operating rules, policies, and procedures that may be published from time to time on the Platform or made available to you on or through the MySchoolAsia Services which govern your use of the website and the services, features, content and/or applications operated under MySchoolAsia by Life Line Lab Sdn Bhd.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE REGISTERING FOR MySchoolAsia SERVICES. BY REGISTERING FOR, SUBSCRIBING, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE MySchoolAsia SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS, BROWSE OR OTHERWISE USE THE PLATFORM OR THE MySchoolAsia SERVICES.

Your acceptance of this Agreement forms a legally binding contract between you and Life Line Lab Sdn Bhd (as defined below). If you are entering into this Agreement or will be using the MySchoolAsia Services offered in this Platform on behalf of an entity, organisation, or company such as your employer or the company you work for, you represent and warrant that you have the legal and binding authority to do so.

MySchoolAsia reserves the right, at any time and in its sole discretion, elect to suspend or terminate access to, or use of the MySchoolAsia Services to anyone who violates this Agreement.

If you register for a free trial of the MySchoolAsia Services, the applicable provisions of this Agreement will govern that free trial.

The original language of this Agreement is English. MySchoolAsia may make available translations for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail.

 

1. Definitions

 

The following terms shall have the definitions stated in this Agreement.

Account: the primary means for accessing and using the MySchoolAsia Services subject to payment of a Fee designated in the selected Plan;

Activity: appointments, student records, teachers records, billing, messages, educational services, or any activity done inside the MySchoolAsia Services;

Authorization: the set of rights and privileges on the MySchoolAsia Services assigned to a User by MySchoolAsia;

Content: any data and information available through MySchoolAsia Services or contained within the structure of the System, articles, documents, brochures, presentations, pictures, images, audiovisual works, other informational materials and any comments;

Fee: payment made by the User for availing of and/or using the activated Account or the MySchoolAsia Services;

Files: documents of any kind (images, spreadsheets, text files, etc.) that are inserted to the MySchoolAsia Services by the User, and usually associated with a particular Transaction, Person or Organization;

Free Trial: temporary access for the purpose of trying out the MySchoolAsia Services in accordance with any selected Plan without paying a Fee;

Guidelines: additional guidelines or rules applicable to specific features, applications, products, or services which may be posted from time to time on the Platform or otherwise made available on or through the MySchoolAsia Services;

MySchoolAsia Materials: the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, a compilation of the content, code, data, and all other elements of the MySchoolAsia Services;

MySchoolAsia Services: the Web Application, Mobile Application, Website, Services, System, Content, Platform, and all content, services and/or products available on or through the Platform;

MySchoolAsia: is owned and operated by Life Line Lab Sdn Bhd (1318104-W), a corporation established under the laws of Malaysia, having its principal place of business at 64-3, Jalan 27/70a, Desa Sri Hartamas, 50480 Kuala Lumpur, Malaysia;

Plan: various criteria related to the use and functionality of the MySchoolAsia Services and on which the Fee is based;

Platform: Refers to the MySchoolAsia Services, www.myschool.asia, as well as its partner mobile application.

Special Terms: any particulars, specifications and conditions by which the parties have agreed to deviate from these Terms;

System: the integrated cloud computing solution for providing the MySchoolAsia Services, including applications, software, hardware, databases, interfaces, associated media, documentation, updates, new releases and other components or materials provided therewith;

User: a natural person who is a licensed and registered educators authorized to teach in Malaysia, student, parents/guardians, and administrative staff who has accepted this Agreement with MySchoolAsia. It includes juridical persons, such as schools or educational centres that hire licensed and registered teachers and staff to provide educational services

User Data: Files and any other digital data and information, which is subjected to the MySchoolAsia Services or otherwise inserted to the System by the User including Parents, Persons, Organizations, Student information, Student Records, Appointments, Billings, Messages associated with the User;

Website: the compilation of all web documents (including images, php and html files) made available via www.myschool.asia or its sub domains or domains with identical names under other top domains and owned by MySchoolAsia.

 

2. Eligibility and Authority to Enter into This Agreement with MySchoolAsia

 

The Users of MySchoolAsia services must be of legal age and a licensed and registered educator in Malaysia. The use of MySchoolAsia Services is subject to the acceptance of this Agreement whereby we grant Users of MySchoolAsia Services a worldwide, non-exclusive, revocable, non-sublicensable and non-transferable licence to use MySchoolAsia Services.

This Agreement is accepted as soon as one of the following occurs:

1. 1. the person has received the confirmation of the creation of the Account and necessary credentials from MySchoolAsia in order to log in to his/her/its Account; or
   2. for those MySchoolAsia Services and parts of the Website the use of which is not dependent on creating an Account, upon the moment of gaining access to such services.

All Users may not, without MySchoolAsia’s prior written consent, access the MySchoolAsia Services (i) for production purposes, (ii) if you are a competitor of MySchoolAsia, (iii) to monitor the availability, performance or functionality of the MySchoolAsia Services or (iv) for other benchmarking or competitive purposes. You shall not transfer, sell, license, rent or otherwise use or exploit MySchoolAsia Services for commercial use or in ay way that violates MySchoolAsia’s rights.

Once accepted, this Agreement remains effective until terminated as provided for in this Agreement.

 

3. Modifications to Terms

 

MySchoolAsia reserves the right, at its sole discretion, to change, update, modify, add, or remove provisions of this Agreement at any time by posting such changes on or through the Platform or the MySchoolAsia Services. Changes may be made with or without notice. We will not be liable to you nor to any third-party should we exercise our right to modify. All Users are responsible for checking the terms and conditions periodically for changes. Your continued use of the MySchoolAsia Services after such changes constitutes a legally binding acceptance of the revised Agreement. Such amended terms will automatically be effective upon the earlier of (i) your continued use of the MySchoolAsia Services, or (ii) 30 days from posting of such modified Terms on or through the Platform. Notwithstanding the foregoing, the resolution of any dispute that arises between you and MySchoolAsia will be governed by the Agreement in effect at the time such dispute arose.

 

4. Our Responsibilities

 

• Provision of MySchoolAsia Services: MySchoolAsia will (a) make the MySchoolAsia Services available to a User pursuant to these Terms, (b) provide applicable standard support for the MySchoolAsia Services to User at no additional charge, and/or upgraded support (for an additional charge, if applicable), (c) use commercially reasonable efforts to make the MySchoolAsia Services available 24/7, except for: (i) planned downtime (of which MySchoolAsia shall give advance electronic notice as provided in the Guidelines), and (ii) any unavailability caused by circumstances beyond MySchoolAsia’s reasonable control, such as, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay, or denial of service attack.

• Protection of User Data: MySchoolAsia will maintain reasonable and appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of User Data, as described in the Guidelines and in accordance with its Privacy Policy.

 

5. Using the MySchoolAsia Services

 

• Establishing an Account: Certain features, functions, parts or elements of the MySchoolAsia Services can be used or accessed only by registered Users of an Account. The person who wishes to create an Account must complete the sign-up procedures and fill-in the necessary forms in the MySchoolAsia Website. The necessary forms may require the Users to provide their personal information, and to warrant that they have read and have given their affirmative consent to the terms of MySchoolAsia Privacy Policy for the processing of their personal information. Users further represent and warrant that they possess the necessary license, eligibility, and qualifications under Malaysian laws and professional regulations to perform professional educational services. MySchoolAsia shall perform an initial verification prior to registration in the MySchoolAsia website by requiring the presentation and submission of a Users’ professional licene, as provided by the Professional Regulatory Commission. However, MySchoolAsia does not give warranties that Users possess and maintain such necessary license, eligibility, and qualifications. MySchoolAsia, through Life Line Lab Sdn Bhd, its successors-in-interest, stockholders, officers, directors, agents, or employees, shall not be liable for any damages arising from the absence or defects of such necessary license, eligibility, and qualifications claimed any third party. Each User is entitled to have only one Account. If several persons need to use an Account created by the User, the User must designate such persons as Sub-Users, who will be subject and bound to the same restrictions set forth in this Agreement.

• Logging into an Account: The User shall be given on his or her Login Credentials by providing an e-mail username and password during account registration. Users can access their accounts by inputting their Login Credentials in the MySchoolAsia Services. These Login Credentials must not be used by multiple persons. All Users are responsible for keeping confidential all login credentials associated with an Account. Users must promptly notify MySchoolAsia of any disclosure, loss or unauthorized use of any Login Credentials;

• Termination of Account: Users may terminate this Agreement at any time as provided in Section 16. MySchoolAsia shall permanently delete the Account as soon as reasonably practicable after the effective date of the termination.

• Fees: The use of an Account is subject to a Fee. Upon sign-up for an Account, the User must select a Plan. There are corresponding rates applicable to each Plan. The applicable Fee is charged in advance on monthly or annual payment intervals, unless agreed otherwise between parties. All Fees are non-refundable. If, after signing up, User elects to upgrade to a more expensive Plan, the unused portion of any prepaid Fees shall be applied to the Fee of the more expensive Plan. MySchoolAsia reserves the right to change prices for MySchoolAsia Services at any time and does not provide price refunds in the event of promotions or price decreases. Notwithstanding the foregoing, MySchoolAsia shall notify the Users of any price changes at least thirty (30) days before effectivity. Existing subscriptions will be honoured until the expiration of the applicable subscription term. All Fees are exclusive of all taxes, levies or duties applicable under any applicable law, unless otherwise stated herein. Users are solely responsible for the payment of such taxes, levies or duties.

• Changing Plans: Any User has the right to upgrade or downgrade a current Plan at any time by selecting a new Plan among the collection of Plans offered by MySchoolAsia. In such an event, the User’s credit card on file with MySchoolAsia will automatically be charged with a Fee for the next payment interval with the rate stipulated in the new Plan. Downgrading of the current Plan may cause the loss of features or capacity of the Account, as well as the loss of User Data.

• Free Trial: A new User may be entitled to a Free Trial, unless the User has applied for the Account as a result of an ongoing marketing campaign organized by MySchoolAsia in co-operation with its partners. If the period of Free Trial has expired, the Account will be automatically deactivated. In order to prevent deactivation or to reactivate the Account, the User is required to select a suitable Plan and pay the first Fee. If the User does not pay the first Fee within 2 weeks from the expiry of the Free Trial, MySchoolAsia has the right to permanently delete the Account, including all User Data associated therewith. In addition to the current collection of Plans, MySchoolAsia may offer special discounts and promotions.

 

6. Payment

 

• Timely Payment: User agrees to timely pay all amounts due and owing pursuant to the chosen subscription plan and for all other fees that may be billed in connection with the use of MySchoolAsia Services.

• Credit Card Authorization: MySchoolAsia may seek pre-authorization of User’s credit card account prior to the purchase of MySchoolAsia Services in order to verify that the credit card is valid and has the necessary funds or credit available to cover the intended purchase. For this purpose, Users hereby authorize such credit card account to pay any amounts described herein and authorize MySchoolAsia to charge all sums described in this Agreement to such credit card account. You agree to provide MySchoolAsia updated information regarding your credit card account upon request and at any time the information earlier provided is no longer valid.

• Electronic Invoice: If MySchoolAsia has not sought pre-authorization of your credit card, then before the end of each payment interval, Users will be issued an electronic invoice for payment of the Fee of the next payment interval. Users must pay the invoice by the due date indicated on the invoice to avoid termination or closure of the Account.

 

7. User Data

 

• Uploading User Data to Platform: Once a User registers and subscribes to MySchoolAsia Services, he/she is required to upload User Data to the Platform, and at the same time signify express consent to authorize MySchoolAsia to collect and process the User Data. In all instances of uploading, using, sharing, and storage of User Data in MySchoolAsia, all Users are responsible for ensuring that:

1. 1. the User associated with the Account shall not create, transmit, display or make otherwise available any User Data that violates the terms of this Agreement, the rights of MySchoolAsia, and other persons.
   2. the User associated with the Account have the necessary right, consent, and authority to use the User Data, including, among others, the uploading of the same onto the Platform and its processing in accordance with the Data Protection Act of 2010 (PDPA).
   3. the User data are true and up to date and it is your sole responsibility to update the same if there are any changes so that all your records are current, complete, and accurate.

• No Guarantee of Accuracy: You understand that all information contained in User Data is the sole responsibility of the person from whom such data originated. This means that the User and not MySchoolAsia, are entirely responsible for all User Data that is uploaded, posted, transmitted, or otherwise made available through the MySchoolAsia Services. MySchoolAsia does not guarantee any accuracy with respect to any information contained in any User Data. Neither does MySchoolAsia guarantee the accuracy of the results of all processing and analytical tools of MySchoolAsia that rely on the accuracy of such User Data.

• Unlawful Data: MySchoolAsia is not obliged to pre-screen, monitor or filter any User Data or acts of its processing by the User in order to discover any unlawful nature therein. However, if such unlawful data or the action of its unlawful processing is discovered or brought to the attention of MySchoolAsia or if there is a reasonable belief that the processing of certain data or information by the User is unlawful, MySchoolAsia has the right to:

1. 1. notify the User of such unlawful User Data;
   2. deny its publication on the Website or its insertion to the System;
   3. demand that the User bring the unlawful User Data into compliance with this Agreement and applicable law;
   4. temporarily or permanently remove the unlawful User Data from the Website or Account, restrict access to it, or delete it. In addition to the foregoing, should MySchoolAsia determine, in its sole discretion, that the uploaded or processed User Data violates applicable laws, rules or regulations, or this Agreement, MySchoolAsia may remove such User Data at any time with or without notice.

• Protection of User Data: MySchoolAsia respects and values its Users’ privacy. As such, we adopt reasonable and appropriate security measures to safeguard the confidentiality and privacy of all personal information uploaded or shared through the MySchoolAsia Services. MySchoolAsia’s Privacy Policy is incorporated in this Agreement by reference. For further discussion, please visit myschool.asia/privacy-policy.

 

8. Services

 

• Use of the MySchoolAsia Services: Subject to this Agreement, and the payment of the applicable service Fee, MySchoolAsia grants Users a worldwide, non-exclusive, non-transferable, non-sub-licensable license to use the MySchoolAsia Services to:

1. 1. collect, store, and organize User Data, such as add new Students, add new Teachers, create Academic Setups, create Announcements, educational Records, Messages; add new Users and grant them Authorizations;
   2. modify and delete User Data;
   3. customize the standard features of the MySchoolAsia Services;
   4. receive reasonable help and guidance from MySchoolAsia regarding the use of the MySchoolAsia Services;

• Technical Support: MySchoolAsia shall provide reasonable technical support to the User upon request within a reasonable period and depending on the availability of MySchoolAsia shall respond to inquiries of support from a User coming from the communication channels listed below.

• The contacts for all inquiries of support are:

1. 1. built-in notification application on the Web Page,
   2. e-mail: support@myschool.asia

• Modifications to Service: MySchoolAsia reserves the right to modify the MySchoolAsia Services or any part or element thereof from time to time without prior notice, including, without limitation:

1. 1. rebranding the MySchoolAsia Services at its sole discretion;
   2. ceasing to provide or discontinuing the development of any particular MySchoolAsia Service or part or element of the Platform temporarily or permanently;
   3. taking such action as is necessary to preserve MySchoolAsia’s rights upon any use of the MySchoolAsia Services that may be reasonably interpreted as violation of MySchoolAsia’s intellectual property rights. MySchoolAsia also reserves the right to take any and all action which is necessary to prevent illegal activity through MySchoolAsia Services.

As applicable, Users may be notified of such modifications when logging in to the Account. Modifications, including change in applicable rates for the MySchoolAsia Services, will be made thirty (30) days before the effective date of such modification.

If the User does not accept the modification, the User shall notify MySchoolAsia before the effective date of the modification, and this Agreement will automatically be terminated on the effective date of the modification.

The User’s continued use of the MySchoolAsia Services, or any part or element thereof, after effective date of modifications shall indicate its consent to the modifications. MySchoolAsia shall not be liable to the User or to any third person for any modification, suspension or discontinuance of the MySchoolAsia Services, or any part or element thereof.

 

9. Restrictions

 

• Prohibited Activities: Users may use the MySchoolAsia Services and any part or element thereof only within the scope, means and purposes as identified in this Agreement and applicable law. By way of example, no User may:

1. 1. use the MySchoolAsia Services or any part or element thereof to commit a crime, violate or breach any applicable law, or entice or invite others to carry out such illegal actions;
   2. copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the MySchoolAsia Services or any part or element thereof, or attempt to extract the source code thereof;
   3. use the MySchoolAsia Services or any part or element thereof other than the purpose for which it is intended, unless it has agreed to these Terms.

• Certain Uses Require MySchoolAsia Consent: Any User may not, without MySchoolAsia’s prior written consent:

1. 1. sell, resell, lease, license, sublicense, distribute, provide, disclose, divulge, exploit or otherwise grant access or make the MySchoolAsia Services available in whole or in part to any third persons;
   2. use the MySchoolAsia Services or any part or element thereof in a scope, with means or for purposes other than those for which their functionality was created;
   3. use the MySchoolAsia Services or any part or element thereof by means of programs that send them automatic enquiries or requests, unless such program has been made available by MySchoolAsia;

 

10. Intellectual Property Rights

 

• MySchoolAsia’s Intellectual Property Rights in the MySchoolAsia Services: The MySchoolAsia Services, MySchoolAsia Materials, MySchoolAsia trade names and trademarks, and any parts or elements thereof are solely and exclusively owned and operated by MySchoolAsia and its third-party vendors and hosting partners, as the case may be. MySchoolAsia Materials are protected by copyright, patent, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws. MySchoolAsia, its affiliates and licensors retain all rights, title and interest on such tradenames, trademarks and any parts or elements. Your use of the MySchoolAsia Services and MySchoolAsia Materials, and any parts or elements does not grant to you any ownership right or intellectual property rights therein. Any commercial or promotional distribution, publishing or exploitation of the MySchoolAsia Materials is strictly prohibited unless you have received the express prior written permission from MySchoolAsia or the otherwise applicable rights holder. MySchoolAsia reserves all rights to the MySchoolAsia Services, MySchoolAsia Materials and MySchoolAsia trade names and trademarks not expressly granted in the Terms.

• Content Owned by MySchoolAsia: Subject to these Terms and the payment of the applicable service Fee, MySchoolAsia grants User a non-exclusive, non-transferable, non-sub-licensable, non-assignable license to download a single copy of any part of the Content solely for your personal, non-commercial use if you retain all copyright and proprietary notices that are contained in such part of the Content. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Platform or the MySchoolAsia Services. You shall not copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through the MySchoolAsia Services or as otherwise permitted by applicable law.

• Use of User Data:

1. 1. MySchoolAsia may use User Data in an aggregated and anonymized format for research, educational and other similar purposes. MySchoolAsia may not otherwise use or display any User Data without the User’s written consent. MySchoolAsia respects your right to exclusive ownership of your User Data. Unless specifically permitted by you, your use of the MySchoolAsia Services does not grant it the license to use, reproduce, adapt, modify, publish or distribute the User Data created by you or stored in your Account. User expressly grants MySchoolAsia the right to use and analyse aggregate system activity data associated with use of the MySchoolAsia Services for the purposes of optimizing, improving or enhancing the way the MySchoolAsia Services operate, and to create new features and functionality in connection with the MySchoolAsia Services.
   2. All Users are solely responsible for the User Data in their Account and the consequences of posting or publishing them on or through the MySchoolAsia Service. In connection with User Data stored or uploaded to MySchoolAsia Services, you, as User, represents, and warrants that the User either owns its User Data or has the necessary licenses, rights, consents, and permissions to use and authorize the MySchoolAsia to display or otherwise use the User Data entered into the MySchoolAsia Services, and that your use of the User Data does not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) violate any applicable law or regulation anywhere in the world; or (c) require obtaining a license from or paying any fees and/or royalties by MySchoolAsia to any third party for the performance of any MySchoolAsia Services.

• Feedback: If a User provides MySchoolAsia with any comments, bug reports, feedback, or modifications for the MySchoolAsia Services (“Feedback”), MySchoolAsia shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the MySchoolAsia Services. The User (as applicable) hereby grants MySchoolAsia a perpetual, irrevocable, nonexclusive, royalty free license under all rights necessary to incorporate, publish, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, exploit and use your Feedback for any purpose.

• Third-Party Sites, Products and Services: The MySchoolAsia Services may include links to other websites or services (“Linked Sites”) solely as a convenience to Users. MySchoolAsia does not endorse any such Linked Sites nor guarantee the accuracy, security or reliability of any information, material, products, or services contained or accessible therein. Furthermore, MySchoolAsia makes no validation and express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK. YOU FURTHER AGREE THAT MySchoolAsia IS NOT RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY, ESPECIALLY FOR DAMAGES OR LOSS THAT MAY RESULT THEREFROM, IF ANY.

 

12. Disclaimers; No Warranty

 

YOU ACKNOWLEDGE THAT YOUR USE OF ALL SERVICES IS AT YOUR SOLE RISK. UNLESS OTHERWISE EXPRESSLY STATED BY MYSCHOOLASIA, THE MySchoolAsia SERVICES, MySchoolAsia MATERIAL, AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MySchoolAsia SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MySchoolAsia AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:

1. 1. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY;
   2. UNINTERRUPTED OR ERROR-FREE SERVICES, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
   3. ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE MySchoolAsia SERVICES, MySchoolAsia MATERIAL OR ANY LINKED SITES, IN TERMS OF CORRECTNESS, ADEQUACY, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE.

YOU ACKNOWLEDGE AND AGREE THAT MySchoolAsia IS NOT RESPONSIBLE FOR ANY PRINTING, TYPOGRAPHICAL OR TECHNOLOGICAL ERRORS; ELECTRONIC, HUMAN, EQUIPMENT PROGRAMMING OR OTHER ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY WHICH MAY OCCUR THRU THE USER’S USE OF MySchoolAsia SERVICES; INCORRECT, INACCURATE, LATE, LOST, STOLEN, ILLEGIBLE, INCOMPLETE OR MISDIRECTED MATTERS OR INFORMATION REGARDLESS OF THE MATTER, MEDIA, INFORMATION OR FORM THEREOF, TECHNICAL FAILURES OF ANY KIND, INADVERTENT LOSS OF INFORMATION; OR UNAUTHORIZED HUMAN INTERVENTION IN ANY PART, MATERIAL OR PROCESS OR OTHERWISE.

 

13. Indemnification

 

You agree to defend, indemnify and hold harmless MySchoolAsia and its affiliates, and their respective directors, officers, employees and agents, from any claims, losses, damages, expenses, liabilities, and costs including attorney’s fees of any kind whatsoever, as a result of any third-party action, claim, demand, proceeding or suit to the extent arising directly or indirectly out of your use or misuse of the MySchoolAsia Services in breach of this Agreement. MySchoolAsia reserves the right, at its own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify MySchoolAsia, and you agree to cooperate with such defence of these claims.

 

14. Force Majeure

 

MySchoolAsia shall not be liable for any damage, claims, liabilities, losses, costs and expenses arising out of the delay, error, or interruption of its performance of any obligations due to any act of God, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions or any other cause beyond MySchoolAsia’s reasonable control.

 

15. Limitation of Liability

 

• No Liability: MySchoolAsia shall not be liable to the User for any consequences resulting from:

1. 1. any modifications in this Agreement, calculation and rates of Fees, the MySchoolAsia Services, MySchoolAsia Material, or any part or element thereof (including but not limited to Account), including any error, permanent or temporary interruption, discontinuance, suspension or other type of unavailability of the MySchoolAsia Services or MySchoolAsia Material;
   2. deletion of, corruption of, or failure to store any User Data;
   3. use of User Data by the User associated with the Account;
   4. upgrading or downgrading the current Plan;
   5. any disclosure, loss or unauthorized use of the login credentials of User due to the negligence or fault of the User;
   6. the User use of the Account or the MySchoolAsia Services by means of browsers other than those accepted or supported by MySchoolAsia;
   7. the differences between technologies and platforms used for access, for example, if certain features, functions, parts or elements of the MySchoolAsia Services are designed for use on a personal computer or laptop and do not function on a mobile platform or a tablet;
   8. MySchoolAsia’s application of the remedies described in these Terms, even if the reasonable grounds or legal basis for the application of these remedies turned out to be unfounded or invalid afterwards.

In addition, MySchoolAsia shall not be liable for any claim by any person, whether natural or juridical, including third parties, arising out of the User failure to:

1. 1. provide MySchoolAsia with accurate information about the User Account;
   2. notify MySchoolAsia of any reasons due to which a User does not have the right to use the Account;
   3. provide any Products which it has agreed to provide to any person (whether such failure arises as a result of MySchoolAsia’s negligence or otherwise);
   4. ensure the lawfulness of the User Data;
   5. obtain the necessary rights to use the User Data.,
   6. obtain the necessary consent for the collection and processing of personal information of a third party, such as a student;
   7. process the personal information of a third party for a legitimate ground;
   8. comply with all requirements on security and remedial controls, as mandated by applicable security and privacy laws; or
   9. abide by any of the restrictions described in this Agreement.

• Limitation of Liability: As previously mentioned, your use of MySchoolAsia Services will be at your own risk. Under no circumstance shall MySchoolAsia be liable for any claim relating to any loss or damage that you might directly or indirectly suffer (including, without limitation, incidental, special, consequential, or moral damages, loss of profits, and damages resulting from lost data or business interruption) as a result of your use, inability to use, delay in or interruption of your use of MySchoolAsia Service, irrespective of the cause of that inability, delay or interruption, any corruption of any data that is transmitted by any method whatsoever, your reliance upon any information presented in any intentional or unintentional disclosure or publication of any information transmitted to you, or any other act, omission, matter or thing whatsoever having to do with MySchoolAsia Services. In circumstances where the foregoing limitation is finally determined to be unavailable, you acknowledge and agree that MySchoolAsia’s aggregate liability to you for any damages, losses, fees, charges, expenses or liabilities shall not exceed the equivalent amount of the User’s one (1) month Fee for the use of MySchoolAsia Services. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability.

• Exclusion of Consequential and Related Damages: IN NO EVENT WILL MySchoolAsia OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

16. Termination of this Agreement

 

• For Convenience: These Terms may be terminated for convenience upon written notice to the other party as indicated in the “Notice” Section below:

1. 1. by MySchoolAsia upon decision to end provision of the MySchoolAsia Services and to close the Platform; or
   2. immediately by either party, if proceedings are initiated for the other party’s liquidation or insolvency or a negotiated settlement with the other party’s creditors is concluded or an assignment is made on behalf of the other party for the benefit of creditors.

• For Default: This Agreement, and consequently, the use of MySchoolAsia Services may be terminated for default upon written notice to the other party as indicated in the “Notice” Section below:

1. 1. by either party in case of breach of this Agreement by the other party, if the breach has not been cured within 30 days of receipt of a notice from the non-breaching party; or
   2. immediately by either party if the other party breaches its obligations under this Agreement.

• Effect of Termination: Upon termination of this Agreement:

1. 1. MySchoolAsia shall deactivate and permanently delete the Account, as soon as reasonably practicable after the effective date of termination of this Agreement. If the User has specifically requested for an earlier deletion of the Account, MySchoolAsia shall fulfill such request within two (2) months of its receipt of such request.
   2. User, must:
      1. stop using and prevent the further usage of the MySchoolAsia Services, including, without limitation, the Platform;
      2. pay any amounts owed to MySchoolAsia under this Agreement; and

• discharge or fully settle any liability incurred by the User under this Agreement prior to their termination.

• Remedies: If MySchoolAsia terminates this Agreement as a result of an uncured breach by a User, MySchoolAsia is entitled to use the same or similar remedies against any other persons who use the MySchoolAsia Services in conflict with this Agreement. Notwithstanding the foregoing, MySchoolAsia may also apply any other remedies available to it under the applicable law.

If MySchoolAsia has reasonable grounds to believe that the continued use by User of the MySchoolAsia Services, including the Account, may harm any third persons, MySchoolAsia has the right to take adequate measures under its control to prevent, stop and eliminate the harm, where possible, in order to protect those third persons.

 

17. Dispute Resolution

 

• Governing Law and Jurisdiction: This Agreement shall be governed by the Laws of Malaysia. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof shall be settled by before the Courts of Malaysia.

 

18. General Provisions

 

• Relationship of the Parties: The parties will act solely as independent contractors. This Agreement shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between the User, and MySchoolAsia, and the User shall not represent to the contrary, whether expressly, by implication, appearance or otherwise.

• Severability: If any provision of this Agreement is declared illegal or unenforceable, its invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision. If any provision of this Agreement does not comply with any Law, such provision to the extent possible shall be interpreted in such a manner to comply with such Law, or if such interpretation is not possible, it shall be deemed to satisfy the minimum requirements thereof.

• Assignment: Users may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer this Agreement or delegate any of its rights and/or obligations under this Agreement without MySchoolAsia’s prior written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable.

• No Waiver: Failure of either Party to exercise or enforce any provision of or any of its rights under this Agreement shall not be deemed a waiver of future enforcement of that or any other provision or right.

• Notices: Except as otherwise specified in this Agreement, all notices related to this Agreement shall be effective: (a) as to the User, by appropriate electronic mail to its registered e-mail address, or thru posting of the same in the MySchoolAsia Services or the Account; and (b) as to MySchoolAsia, by electronic mail at the following e-mail address: privacy@myschool.asia or thru registered mail at its address indicated above.

Last update: June 2021