Any reference to “you” in these Terms shall include any person that accesses or uses the Site or Services on your behalf, whether as a guest or a registered user.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. BY USING OUR SITE, YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SITE. IF YOU REGISTER WITH OUR SITE OR BUY ANY PRODUCT OR SERVICE FROM OUR SITE, WE WILL ASK YOU TO EXPRESSLY AGREE TO THESE TERMS.
1. Other applicable Terms
2. Information about us
www.iomm.org.my is a site operated by the Institute of Materials, Malaysia, which is a registered society in Malaysia under ROS registration number ROS-4186/87 and has its registered office at Suite 515, Level 5, Block A, Kelana Center Point, (Lobby B) No. 3, Jalan SS 7/19, Kelana Jaya, 47301, Petaling Jaya, Selangor.
We are the Professional Body for the Profession of Materials Engineering and Technology.
3. Changes to these Terms
We may revise these Terms at any time by amending this page.
Please check this page from time to time to take notice of any changes we made, as they are binding on you. The date of the most recent revision will appear at the bottom of the page.
4. Changes to our site
We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our Site, or any content on it, will be free from errors or omissions.
5. Accessing our site
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted.
Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site.
We may limit the availability of our Site or any service or product described on our Site to any person or geographic area at any time.
6. Your account and password
You can register with us as a website user free of charge. Should you wish to become a member we will charge a fee for the particular membership you choose. A membership subscription will enable online access through a unique membership number and username. If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you know your username or password, you must promptly notify us in writing at firstname.lastname@example.org. You are responsible for any activity on our Site arising out of any failure to keep your username or password confidential and may be held liable for any losses arising out of such a failure. You must not use any other person’s username or password to access our Site.
7. Restricted access
In accordance with the previous section, access to certain areas of our Site is restricted. We reserve the right to restrict access to other areas of our Site, or indeed our whole Site, at our sole discretion.
8. Memberships and Fees
We provide a number of professional membership offerings which are as shown in the Membership Grade & Requirement page.
We reserve the right to amend the contents, pricing and entry criteria of these memberships at any time. All payments made in relation to Membership subscription are processed via eGHL. They are an independent gateway partner and their terms and conditions should be consulted at https://e-ghl.com/v2/terms-condition/.
All Credit Cards will be processed in Ringgit Malaysia (RM) at the time of payment. By applying for membership, you agree to us passing your details, via a secure medium, to this third party in order to complete your application process. We are not responsible for any fees, charges, exchange rates or additional charges levied by individual financial institutions or Credit Card companies. Should any upgrade, cancellation or refund in relation to any of our Memberships be required for any reason or at any time, please email us at email@example.com.
9. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. This material includes, but is not limited to, the design, layout, look, appearance, and graphics.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
All trademarks or copyrights reproduced in this Site which are not the property of, or licensed to, us are acknowledged on the Site.
10. No reliance on information
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, as to the accuracy, timeliness, performance, completeness, or suitability of the information and material found or offered on this Site for any particular purpose. You acknowledge that such information and material may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
11. Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Site; or
- use of or reliance on any content displayed on our Site.
If you are a business user, please note that, in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of management time or office time;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of- service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
We will not be liable for any losses arising out of any acts of omissions of any hosting services provider, payment services provider, or other third party services provider.
We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
If you purchase goods or services from our Site, additional limitations and exclusions of liability will apply, which are set out in our Refund and Cancellation Policy section and are hereby incorporated into these Terms.
12. Your Content
Content that you post using our Services is your content, and includes (but is not limited to) anything you post using our Services such as usernames, profile pictures, photos, descriptions, reviews, comments, videos, audio material, etc. (“Your Content”). The Association for Coaching does not make any claim to Your Content.
A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it or uploading it to The Website.
B. Permission to Use Your Content. By posting Your Content through our Services, you grant the Association for Coaching a licence to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help the Association for Coaching function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote Your Content.
C. Rights You Grant to us. By posting Your Content, you grant the Association for Coaching a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, translate, store, and prepare derivative works of Your Content to provide the Services and to promote the Association for Coaching or the Services in general, in any formats and through any channels, including across any the Association for Coaching Services or third-party website or advertising medium. Your Content will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
D. Reporting Unauthorized Content. We take intellectual property rights very seriously, and are committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us at the email below. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. If any third party claims that any material posted or uploaded by you to the Services violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them. We’ll notify you if that happens.
E. Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted via the Services (for legal reasons or otherwise). Your Content must be appropriate, civil, tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet. You agree that you will not post any content that is libellous, malicious, abusive, threatening, defamatory, obscene, vulgar, constituting negligent advice or containing any negligent statement, or otherwise offensive or in violation of our Terms. Your Content will additionally not infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right, right of confidence, right of privacy, or right under the Malaysian Personal Data & Protection Act 2010. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive. We will not be responsible, or liable to any third party, for Your Content or the accuracy of any materials posted by you or any other user of the Services.
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of- service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the the Computer Crime Act 1997 and the Communication and Multimedia Act 1998. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
14. Linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Site in any website that is not owned by you.
Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards paragraph set out below (Content Standards).
If you wish to make any use of content on our Site other than that set out above, please contact us at firstname.lastname@example.org.
15. Third party links and resources in our Site
Where our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those Sites or resources.
16. Prohibited uses
You may use our Site only for lawful purposes. You may not use our Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or reuse any material which does not comply with our content standards described in the next paragraph (Content Standards).
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or resell any part of our Site in contravention of these Terms.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Site;
- any equipment or network on which our Site is stored;
- any software used in the provision of our Site; or
- any equipment or network or software owned or used by any third party.
17. Content standards
These content standards apply to any and all material which you contribute to our Site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in Malaysia and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
18. Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of these Terms upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms, and all incorporated documents referred to herein, constitutes the entire agreement as to your use of and our provision of the Site and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral.
You acknowledge that, in entering into this agreement, you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any incorporated documents referred to herein.
20. Applicable law
These Terms will be interpreted, construed and enforced in all respects in accordance with the laws of Malaysia, and you irrevocably submit to the exclusive jurisdiction of the Courts of Malaysia.
To contact us, please email email@example.com.