BLTC-TERMS OF USE

Effective as of November 2022

ACCEPTANCE OF TERMS OF USE

Welcome to https://www.bltc.org.my (hereinafter referred to as “BLTC”, “The Company” “The Website”, “we”, “our”, “us”). Please be sure to read the Terms of Use (hereinafter referred to as “Terms of Use”) contained in this document carefully as they contain important information regarding your rights and obligations and any use of this website constitutes your acceptance of the terms of use set out herein. These terms of use govern your access to and use our website among other things. By using the BLTC website, you affirm that you are over the legal age of 18 to enter into these terms of use, or, By signing up as a user or by using this website, you certify that you are 18years of age or older. We are not liable for any damages that may result from a user’s misrepresentation of age. if you are not, that you have obtained parental or guardian consent to enter into these terms of use and your parent or guardian consents to these terms of use on your behalf. If you violate or do not agree to these terms of use, then your access to and use of the website is unauthorized.

By using the services through the website, signing up for an account and/or completing a purchase on the website, you agree to these terms of use (defined below) and any additional terms applicable to certain programs in which you may elect to participate. Hereby acknowledge that you will regularly visit the terms of use to familiarize yourself with any updates. Any terms that are used in these terms of use that are not defined here will have the meanings given to such terms in the Terms of Use. All terms of use described in these Terms of Use are subject to change at The Company’s discretion pursuant to the Terms of Use.

No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR APPLICATIONS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

USE OF THE WEBSITE

The Company retains the right, at our sole discretion, to deny service or use of the website or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the website and your account accessible, the website and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.

As a condition of your use of The Website, You are solely responsible for your use of the interactive areas, including:

1. You have attaining the age of majority in which you reside.
2. You are able to create a binding legal obligation.
3. You are not barred from receiving products or services under applicable law.
4. You will not attempt to use The Website with crawlers, robots, data mining, or extraction tools or any other functionality.
5. Your use of the website will always comply with these Terms of Use and with all applicable domestic and international laws and regulations that relate to your use of The Website.
6. You have the right to provide all information you submit to The Website, and all such information is accurate, true, current, and complete. All the content that you submit does not contain third party copyrighted material or that you are otherwise liegally entitled to post the content and grand to BLTC a royalty-free, perpetual, irrevocalbe, worldwide, noneclusive, fully-transferable license and right ut use, reproduce, create derivative works from, modify, translate, distribute, perform, and display the communication (or any derivative work based thereon) either alone or as part of other works in any form, whether now known or hereafter developed, for any purpose. Such permission will be fully transferable by assignment (including multiple tiers of permissions) or any other means. Except as described herein, any content which you post on The Website is considered to be non-exclusive.
7. You will update and correct information you have submitted, including all account information, and ensure that it is accurate at all times (out-of-date information will invalidate your account).
8. You are responsible for your own actions and communications and the consequences of those actions, including the consequences that result from posting communications on the Website and the content of any of your postings.

All interactions on The Website must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of The Website, we may limit or terminate your privileges on The Website and seek other remedies, including, without limitation, cancellation of your account or forfeiture of any forms of unredeemed value in your account.

When you use The Website or send emails to BLTC, you are communicating with us electronically and consent to receive electronic communications related to your use of The Website. We will communicate with you by email or by posting notices on The Website. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on The Website or from which you otherwise email us.

The following activities are prohibited on The Website and constitute violations of these Terms of Use:

1. Make available any content through or in connection with the BLTC website that is violates applicable laws (including, without limitation, intellectual property laws, laws relating to rights of privacy and rights of publicity, and laws related to defamation)
2. Make available through or in connection with the website any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
3. Use the website for any purpose that is fraudulent or otherwise tortious or unlawful.
4. Harvest or collect information about users of the BLTC website.
5. Interfere with or disrupt the operation of The Website or the systems, servers, or networks used to make The Website available, including by hacking or defacing any portion of the website; or violate any requirement, procedure or policy of such servers or networks.
6. Restrict or inhibit any other person from using The Website.
7. Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, donation or otherwise exploit any portion of (or any use of) The Website except as expressly authorized in these Terms of Use, without The Company’s express prior written consent.
8. Reverse engineer, decompile, or disassemble any portion of The Website, except where such restriction is expressly prohibited by applicable law.
9. Remove any copyright, trademark, or other proprietary rights notice from the BLTC website.
10. Frame or mirror any portion of The Website, or otherwise incorporate any portion of The Website into any product or service, unless you obtain The Company’s express prior written consent to do so.
11. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any materials, or reproduce or circumvent the navigational structure or presentation of the website, without The Company’s express prior written consent.
12. Cause injury to any person or entity.
13. Use the website or BLTC’s name, logo, or brand to
    1. Send any unsolicited or unauthorized content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or
    2. Use any meta tags or other hidden text or metadata utilizing a BLTC trademark, logo, URL, or product name without The Company’s written consent.
14. Attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.
15. Hyperlinking to The Website from any other website without our initial and ongoing consent or acting illegally or maliciously against the business interests or reputation of our services.

THE ACCOUNT

You certify that the content you provide on or through the website is accurate and the information you provide on or through the website is complete. You are solely responsible for maintaining the confidentiality and security of your account including username and password. BLTC is not responsible for any losses arising out of the unauthorized use of your account.

You agree that The Company does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the website. You agree that The Company is not a party to any such agreement, nor is The Company responsible for the content, accuracy, or unavailability of any method used for payment.

You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to:

1. Save, edit, or delete your personal information, including, without limitation, a valid credit card, and
2. Opt-out of persistent login. You understand and agree that The Company shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using The Website or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.

Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may

1. Change, restrict access to, suspend, or discontinue The Website or any portion of the website, and
2. Charge, modify, or waive any fees required to use any services, functionality, or other content available through the website or any portion of The Website.

PLACING AN ORDER

By purchasing or obtaining product at The Website, you agree to these Terms of Use, including, without limitation to:

1. Order Acceptance and Billing. You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your account. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is cancelled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.
   By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products, as well as all shipping and handling charges and applicable taxes.
   The Company reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. The Company also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any product(s) from BLTC for the purpose of engaging in a commercial sale of the same product(s) to a third party.
2. Pricing Information, Availability. Pricing or availability errors may occur on the BLTC website. The mail acknowledgement of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. The Company reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us. We may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

INTELLECTUAL PROPERTY RIGHTS

The Website contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of The Website are protected by copyright, trademark, and other intellectual property laws of Malaysia. BLTC owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Materials are licensed (not sold) to members and end users. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by The company to use The Website, you may access, view, download, and print the materials for your persona and non-commercial use, provided, however, that you

1. Retain all copyright, trademark, or other proprietary designations contained on all materials.
2. Do not modify or alter the materials in any way, and
3. Do not provide or make available the materials to any third party in a commercial manner.

In addition, subject to your compliance with these Terms of Use, and solely for so long as you are permitted by us to use The Website, we permit you, on a limited, non-exclusive, revocable, non- transferable, non-sublicensable basis, to use on a mobile device that you own or control, solely for your personal and non-commercial use. If you fail to comply with any of the terms or conditions of these Terms of Use, you must immediately cease using The Website and remove the website from your mobile device.

No license, right, title, or interest in the BLTC website or any materials is transferred to you as a result of your use of The Website or your accessing, viewing, downloading, or printing of the materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the materials or The Website. The Website and materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the website and the materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the website and materials is the exclusive property of BLTC.

INFRINGEMENT REPORTING PROCEDURES AND ELECTRONIC COMMERCE ACT (ECA) PROCEDURES

We respect the intellectual property rights of others just as we expect others to respect our rights. If you believe that your work has been copied and is accessible on the BLTC website in a way that constitutes copyright infringement, here’s the instruction on how to report possible copyright infringement:

1. Infringement Reporting Procedures. If you own copyright, trademark, patent, or other intellectual property right, or if you are an agent authorized to act on the intellectual property rights owner’s behalf, and you have a good faith belief that material or products on The Website infringe the intellectual property rights owner’s copyright, trademark, or other intellectual property right, and you would like to bring it to BLTC ‘s attention, you can report your concern(s) by submitting your complaint to info@bltc.org.my.
2. ECA Procedures. The Company reserves the right to terminate your, or any third parties, right to use The Website if such use infringes the copyrights of another. We may, under appropriate circumstances and at its sole discretion, terminate your, or any third-party’s, right to access The Website, if we determine that you are, or a third-party is, a repeat infringer. If you believe that any material has been posted via The Website by any third-party in a way that constitutes copyright infringement, and you would like to bring it to BLTC’s attention, you must provide BLTC’ with the following information:
   1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work.
   2. An identification of the copyrighted work and the location on the website of the allegedly infringing work.
   3. A written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law.
   4. Your name and contact information, including, without limitation, telephone number and email address, and
   5. A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless BLTC and its successors and affiliates, as well as its officers, directors, employees, volunteers, agents, licensors, and suppliers, from and against any damages or claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees, regardless of whether they are attributable to any act or omission of BLTC and its successors and affiliates, in connection with

1. Your use of The Website.
2. Your breach of these terms.
3. Your negligent or wrongful conduct.
4. Your access to or use of any third party website linked to from The Website.
5. Content posted by you.
6. Your violation of these terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right, or
7. The infringement by you of any right of any person or entity. This indemnification provision shall apply to third-party claims as well as claims between the parties to these terms.

DISCLAIMER OF WARRANTIES

AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER MODERCK, NOR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO

1. THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR
2. THE ACCURACY, COMPLETENESS, OR RELIABILITY OF
   1. THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS,
   2. DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS, OR
   3. USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE EXTENT ALLOWED BY APPLICABLE LAW, MODERCK HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT, OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY MODERCK THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.

LIMITATION OF LIABILITY

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MODERCK, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING:

1. YOUR USE OF THE SITE, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE SITE OR SUBMITTED BY YOU TO THE SITE.
2. YOUR INABILITY TO USE THE SITE.
3. MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE.
4. THE MERCHANT OFFERINGS, PRODUCTS, AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE.
5. ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM A MERCHANT.
6. THESE TERMS OF USE, OR
7. ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION.

IN NO EVENT WILL NUOAVERE’S LIABILITY IN CONNECTION WITH A MERCHANT OFFERING, PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE VOUCHER, PRODUCT, OR SERVICE. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY MODERCK THAT ARE INCLUDED IN OTHER APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR PRODUCT-RELATED INJURY.

FORCE MAJEURE

BLTC shall be excused from performance under these Terms of Use, is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from:

1. Weather conditions or other elements of nature or acts of God.
2. Acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion.
3. Quarantines or embargoes.
4. Labour strikes.
5. Error or disruption to major computer hardware or networks or software failures, or
6. Ether causes beyond the reasonable control of The Company, as applicable.

DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing The Website constitutes your acceptance of this arbitration provision. Please read it carefully as it provides that you and The Company will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the arbitration provision.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND BLTC, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT BLTC AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in- person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

OUR CONTACT INFORMATION

If you have any questions or comments, please contact us at
+60 12 242 3989

or by mail at the following address:
BEACON LIFE TRAINING CENTRE
16-2, Jalan 6/62A, Bandar Menjalara, 52200 Kepong, Kuala Lumpur.

Or send us an email at:
info@bltc.org.my

Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.