Terms & Conditions of use for YHA Law Firm Legal Resource Centre

Terms & Conditions of use for YHA Law Firm Legal Resource Centre

NOTICE: THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR USE OF YHA LAW FIRM LEGAL RESOURCE CENTRE.

TERMS & CONDITIONS FOR USE OF THE ONLINE SERVICES

5 November 2020

The following terms and conditions govern the use of the online services (the “YHA Online Services”) and materials available therein (“YHA Materials”) provided by Yew Huoi, How & Associates (“YHA”). The terms “you” and “your” in uppercase or lowercase shall mean the entity (e.g., individual, company, corporation, partnership, sole proprietor, etc.) or government agency who intends to use YHA Online Services.

1. GRANT OF RIGHTS; RESTRICTIONS ON USE
   • You are granted a non-exclusive, non-transferable, limited right to access and use for the YHA Online Services and Materials made available to you. The rights granted to each Authorized User are as follows:
   • The right to electronically display YHA Materials retrieved from the YHA Online Services for the Authorized User’s individual use (e.g., no Authorized User may network others via LANs, WANs, intranets or the Internet). Notwithstanding the foregoing, an Authorized User may display a de minimis amount of YHA Materials on an incidental, infrequent basis for non-commercial purposes to other Authorized Users so long as the Authorized Users are in the same physical location and the mode of display is not through the Internet, an intranet or other types of networking communication like LANs or WANs;
   • The right to email, fax, download or make printouts using the commands of the YHA Online Services and the right to create a single printout of YHA Materials accessed or downloaded by any other means (collectively, “Authorized Printouts”);
   • With respect to all YHA Materials, the right to download using the commands of the YHA Online Services and store in machine readable form for no more than 90 days, primarily for that Authorized User’s exclusive use, a single copy of insubstantial portions of those YHA Materials included in any individually searchable file or content source in the Online Services;
   • Authorized User shall not store YHA Materials for periods in excess of the periods set forth above;
   • YHA Materials shall be purged promptly upon the expiration of the storing period; and
   • For the avoidance of doubt, downloading and storing YHA Materials in an archival database is prohibited. YHA Online Services and Materials are protected by copyright, intellectual property laws, and other laws that prevent unauthorized access and use. If you are not an Authorized User, you are not permitted to access or use YHA Online Services for any purpose whatsoever. If you nevertheless access and use YHA Online Services or Materials without authorization, your access and use will be governed by these General Terms and Conditions and you will be liable to YHA for any breach of the General Terms and Conditions as well as for unauthorized access and payment for use at the rates which shall be determined by YHA from time to time.
   • To the extent permitted by applicable copyright law, you and your Authorized Users may make copies of Authorized Printouts and distribute Authorized Printouts and copies.
   • Except as specifically provided in Sections 1.1 and 1.2, you and your Authorized Users are prohibited from downloading, emailing, faxing, storing, reproducing, transmitting, displaying, copying, distributing, or using YHA Materials retrieved from YHA Online Services. You may not exploit the goodwill of YHA, including its trademarks, service marks, or logos without the express written consent of YHA. Additionally, under no circumstances may you or any Authorized User offer any part of the YHA Online Services or Materials for commercial resale or commercial redistribution in any medium or use YHA Online Services or the Materials to compete with the business of YHA.
   • All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in YHA Online Services and Materials in any medium belongs to YHA or its third party suppliers of Materials. YHA symbol are trade marks YHA. Neither you nor your Authorized Users acquire any proprietary interest in YHA Online Services, Materials, or copies thereof, except the limited rights granted herein.
   • Neither you nor your Authorized Users may use YHA Online Services or Materials in any fashion that infringes the intellectual property rights, privacy rights or proprietary interests of YHA or any third party. Your use of YHA Online Services and Materials must comply with all applicable laws, rules and regulations.
   • Neither you nor your Authorized Users may remove or obscure the copyright notice or other notices contained in YHA Materials.

 

2. ACCESS TO SERVICES
   • External professional service providers such as attorneys, accountants, outsourcers and public relations firms are not allowed to use YHA Online Services for any gainful employment or a fee. You are responsible for all use of YHA Online Services accessed with your ID. You will use reasonable commercial efforts to prevent unauthorized use of your ID shall promptly notify YHA, in writing, if you suspect that your ID is lost, stolen, compromised, or misused.
   • Use of YHA Online Services via mechanical, programmatic, robotic, scripted or any other automated means is strictly prohibited. Unless otherwise agreed to by YHA in writing, use of YHA Online Services is permitted only via manually conducted, discrete and retrieval activities.
   • To comply with local privacy, data protection and other laws, your ID may not be used outside of Malaysia, except for short periods not to exceed 30 continuous days. If YHA suspects use of an ID outside Malaysia for a period in excess of 30 continuous days, YHA may suspend the ID.
   • YHA Online Services, Materials, and feature functionality within YHA Online Services may be enhanced, added to, withdrawn, or otherwise changed by YHA without notice.
   • Subject to Section 2.4 above, YHA Online Services may contain a feature that will allow you to create work folders or work spaces (“Folders”) from within the system that are associated solely with their respective IDs. The Folders are designed to allow you to save copies of YHA Materials made available by YHA, as well as links to materials made available on the Internet or other documents that you have the right to upload to Folders. The Folders may be access or otherwise review by YHA from time to time. Notwithstanding the foregoing, YHA may access or disclose the content of Folders to the extent necessary to facilitate features and functions of YHA Online Services and to comply with contractual and legal obligations including, but not limited to, an administrative or judicial proceeding. You are solely responsible for the content of their respective Folders. You are prohibited from uploading content to the Folders that is defamatory, libelous, pornographic or obscene. In addition, you are strictly prohibited from uploading content to the Folders that is unlawful.
   • You agree to indemnify, defend, and hold YHA harmless for any and all claims, damages, costs, fines and expenses that YHA may incur as a result of your use of the Folders or any content uploaded to the Folders, excluding YHA Materials. You are solely responsible for securing or saving the content of their respective Folders. YHA has no obligation to provide the content of Folders to you. All YHA Materials contained in Folders remain subject to the storage limitations and other license terms and restrictions which will be determined by YHA from time to time.

3. AS IS AND AS AVAILABLE BASIS
   • YHA online services and materials are provided on an “as is”, “as available” basis.

 

4. LIMITATION OF LIABILITY
   • A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from YHA Online Services or YHA Materials available or not included therein, (b) the unavailability or interruption of YHA Online Service or any features thereof or YHA Materials, (c) your or an Authorized User’s use of YHA Online Services or Materials, (d) the loss or corruption of any data or equipment in connection with YHA Online Services, (e) the content, accuracy, or completeness of YHA Materials, all regardless of whether you received assistance in the use of YHA Online Service from a Covered Party, (f) any delay or failure in performance beyond the reasonable control of a Covered Party, or (g) any content retrieved from the Internet even if retrieved or linked to from within YHA Online Services.
   • “Covered Party” means (a) YHA and any officer, director, employee, subcontractor, agent, successor, or assign of YHA; and (b) each third party supplier of YHA Materials, third party alliance entities, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of YHA Materials or third party alliance entity or any of their affiliates.
   • To the fullest extent permissible by applicable law, under no circumstances will the aggregate liability of the covered parties in connection with any claim arising out of or relating to YHA online services or YHA materials exceed the lesser of your actual direct damages or the amount you paid for YHA online services. Your right to monetary damages in that amount shall be in lieu of all other remedies which you may have against any covered party.
   • To the fullest extent permissible by applicable law, neither you nor the covered parties will be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees) in any way due to, resulting from, or arising in connection with YHA online services, YHA materials, or the failure of any covered party to perform its obligations. The foregoing limitation of liability shall not apply to a party’s indemnity obligations or your (and your authorized users’) infringement of intellectual property or misappropriation of proprietary data belonging to ln or its third party suppliers.

 

5. MISCELLANEOUS
   • These General Terms and Conditions, including the Additional Terms may be changed from time to time as described below or by written agreement.
   • All notices and other communications hereunder shall be in writing or displayed electronically in YHA Online Services by YHA. Notices shall be deemed to have been properly given on the date deposited in the mail, if mailed; on the date first made available, if displayed in YHA Online Services; or on the date received, if delivered in any other manner. Legal notices to YHA should be sent to Messrs. Yew Huoi, How & Associates No. 1, Jalan Riangria 6, Taman Desa Tiara, Off Jalan Klang Lama, 58200 Kuala Lumpur, Malaysia.
   • The failure of YHA or any third party supplier of YHA Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
   • Neither you nor any Authorized User may assign your rights or delegate your duties under this Agreement without the prior written consent of YHA, which consent shall not be unreasonably withheld. This Agreement and any amendment thereto shall be binding on, and will inure to the benefit of the parties and their respective successors and permitted assigns.
   • YHA’s ability to provide YHA Materials is regulated by a variety of privacy, data protection, and other laws in Malaysia (“Data Laws”) and by the licenses under which it obtains Materials (“Licenses”). You acknowledge that YHA will perform a due diligence review of your account upon registration and that the due diligence review will be heightened if you desire to access sensitive, non-public YHA Materials about individuals. You also acknowledge that YHA will perform periodic reviews of you and your Authorized Users’ use of YHA Materials subject to Data Laws or Licenses (“Regulated Data”) in order to comply with Data Laws and license restrictions, and that the review may include asking you or your Authorized Users to verify that use of Regulated Data was for a permissible purpose. You and your Authorized Users will cooperate with YHA in any such due diligence or regulatory review and will promptly produce all relevant records and documentation and other assistance reasonably requested by YHA to enable YHA to fulfill its obligations under Data Laws and Licenses. All reviews will be at YHA’s expense. If there is any failure to cooperate with YHA, or if any review reveals the lack of a permissible purpose to access Regulated Data, YHA may deny access to YHA Online Services or to Regulated Data. YHA will be under no obligation to reduce the fees payable by you to the extent that it is unable to provide Regulated Data to you based solely on your non-cooperation. You will comply with all applicable laws and regulations in supplying any personal data to YHA, including providing any required notices and obtaining any required consents, permissions and authorizations for YHA processing such personal data.
   • If you, any of your Authorized Users, or any person you or your Authorized Users permits to use YHA Online Services or who gains access through an Authorized User’s failure to properly secure his or her YHA ID or computer (a “User”) should access or use Regulated Data in an unauthorized manner (a “Security Event”), then the following provisions will apply: (a) if required by applicable law, you will notify the individuals whose information has potentially been accessed or used that a Security Event has occurred; (b) you will notify any other parties (including but not limited to regulatory entities and credit reporting agencies) as may be required by law; (c) the notification will not reference YHA or the product through which the Regulated Data was provided, nor will YHA be otherwise identified or referenced in connection with the Security Event, without the express written consent of YHA; (d) you will be solely liable for all claims that may arise from a Security Event caused by you, your Authorized Users or a User and you will indemnify YHA for any third party claims directed against YHA that arise from the Security Event; and (e) all notifications and indemnity claims related to the Security Event will be solely at your expense.
   • This Agreement shall be governed by and construed in accordance with the Malaysian laws regardless of the law that might otherwise apply under applicable principles of conflicts of law.
   • This Agreement will be enforced to the fullest extent permitted by applicable law. If any provision of this Agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
   • Where applicable, each affiliated company of YHA and each third party supplier of Materials has the right to assert and enforce the provisions of this Agreement directly on its own behalf as a third party beneficiary.
   • This Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals or quotations on that subject matter.