Article 1 Definitions
- Company: Edugat Sdn Bhd, its group companies and its affiliates.
- Member: Any person who has successfully registered as the Company’s member on the Site.
- Member Data: The information provided by the Member as well as historical data regarding Transaction, or otherwise.
- Programme: The programme carried out by the Company to provide access to education in New Zealand through its affiliations, connections and relationship established with the Partners.
- Partners: The selected learning centres, universities (private or government owned), private training establishments (PTEs), Institutes of Technology and Polytechnics (ITPs), and / or such other educational institute, learning centres and/ or universities as admitted by the Company to be part of the Programme.
- Services: The services provided by the Company to the Member through the Site.
- Service Providers: The selected third parties who may be appointed by or collaborating with the Company to provide ancillary, related and support services, including provision of student loan, counselling, financial, legal or any other services that the Company deems necessary and appropriate to enhance the Programme.
- Site: The website of the Company, ie edugat.com or such other domain as determined to be appropriate by the Company.
- Transaction: Any activity undertaken by the Member through the Site that involves payment or transfer of monies online for the Services or to the Company or Service Providers such as payment for the visa.
- User or You: Any person who has agreed to browse the Website and be registered as student in the Site, regardless of whether or not such person proceeds with the registering as member / subscriber to the Company’s newsletters or materials or participate in the Programme.
Article 2 Use of Service
Article 3 Member Registration
- Any person who has agreed to These Terms And Conditions is allowed to complete the registration process and subsequently be granted membership upon successful completion of such registration. Any registration made by an agent or third party, if known to the Company, will be treated as void. If the registration is incomplete or the Member is unable to furnish supporting documents or information as required, the Company reserves its rights and powers to either accept or reject the Member’s application in the Programme.
- The Member warrants that the information and documents submitted to the Site and uploaded on the Site and all information filled in on the Site, is valid, subsisting, accurate and that there is no omission from the disclosure which if disclosed, would have otherwise result in the Company declining to admit the Member into the Programme.
- The Member acknowledges and agrees that the Company is entitled to conduct checks to verify and determine the accuracy and authenticity of the information and document submitted by the Members before admitting the Members into the Programme. Notwithstanding this, the Company is further entitled to revoke, suspend or determine the registration of the Members at any time if any of the information or document submitted is found to be false, inaccurate, misleading or contain omission therefrom, or on any ground it deems fit.
Article 4 Member Obligations
The Members agree to maintain user ID and password without disclosing it to any third party and are responsible for taking the necessary steps such as changing their password on a regular basis. Upon confirmation that the user ID and password entered match those which have been submitted by Member, the Company will assume that access has been requested by the Member and does not assume any losses arising from the use of the user ID and password by any unauthorized users for any reason whatsoever.
A Member is prohibited from transferring, subcontracting, pledging, or disposing of their membership status and rights granted by the Company.
Article 5 Amending Registered Information
Should there be changes to the information provided or documents listed, the Member must immediately update such information on the Site. The Company is not responsible for any losses incurred arising from the failure on the part of the Members to update the information. The Member is aware that the Company relies on the information duly submitted by the Member to proceed with the Transaction and admitting the Member into the Programme or otherwise.
Article 6 Cancellation of Membership
A Member who intends to cancel their membership must remove the data themselves. Membership will be cancelled upon completion of the specified cancellation procedure.
Article 7 Site Transactions
Transaction made by the Member with the Company to be admitted into the Programme is a direct transaction between the Member and the Company. However, the Company may not have any direct or indirect control over the decisions or approvals (or otherwise) by the Partners or any third party who may be involved in the Programme and therefore, the Company cannot be held to be responsible or liable for the outcome or decisions by the Partners or such parties which may result the Member not being able to participate in the Programme.
Article 8 Disclaimers
- The Members may be contacted by the Company or the Service Providers regarding ancillary services and any other matters with respect, in connection with or arising from the Programme. In such instance, the Company does not warrant the authenticity, accuracy, use, reliability, legality or non-violation of the rights of the Service Providers relating to their respective offerings / businesses.
- The Company:
- is and cannot be held liable for damage caused by interruptions to the system, delay, suspension, or loss of data due to connection or computer failure, unauthorized access to data, or other damages suffered by the Users or Members in connection with the use of the Site;
- does not warrant that the contents of electronic mail from the Site, the Company’s server, or domain groups are free of computer viruses or elements other damaging;
- is not responsible for the consequences of document or information contained in the document (regardless of whether such information or document is inaccurate, misleading, false or contain omission therefrom) or any suggestions, recommendations or proposals that may be given to the Users / Members by the Company, the Service Providers and / Partners;
- is not liable for direct or indirect losses caused or damages suffered by violation of These Terms and Conditions by the Users or Members; and
- is not responsible or be made liable for procuring or ensuring that You are enrolled by the Partners successfully.
Article 9 Prohibition
When using the Services, the User / Member agrees not to:
- violate the laws, rules and regulations, guidelines, circulars and policies of the authorities having powers of such User / Member including but not limited to These Terms and Conditions;
- act in a way that is detrimental to the rights, interests or reputation of the Company, Partners and Service Providers;
- engage in activities that can lead to mental or physical disorders, or violate public order and morals;
- engage in activities that may cause interference or hurt the feelings of other users or third parties;
- provide false, inaccurate or misleading information;
- send viruses, malware, or any other type of electronic damage through computer programs or email messages;
- access the Company’s server in a non-authorized way; or
- lend or give the user ID and password to a third party or use it together with a third party.
The Company reserves the right to suspend or terminate the Services to any User / Member who breaches, is suspected or may potentially to be in breach of the above prohibitions.
Article 10 Cookies
- To use the services, the Customer must acknowledge the previous paragraph and should enable Cookies. If the Customer’s browser rejects cookies, the Customer concerned might not have an optimal experience using the Services.
Article 11 Suspension or Termination of Services
The Company may suspend or terminate the provision of the Services, in whole or in part, or take the necessary measures without prior notification the User or Member in order to maintain the quality of services with regards to the following:
- performing routine system maintenance or emergency system maintenance;
- in case of an overload;
- when the Company detects a likely risk of interruption of services;
- to ensure the safety of the Member; or
- when deemed necessary.
The Company will not be responsible for any losses or the User’s or the Member’s termination of the Services due to suspension.
Article 12 Suspension and cancellation of Membership
- The Company reserves the right to suspend use of the Services of a specific Member, change its user ID and password, or cancel the membership without prior notice if any of the following occurs and the Company is not responsible for any loss suffered by the Member arising from such a cancellation or suspension of the membership:
- violation or breach of the laws, rules and regulations, guidelines, circulars and policies of the authorities having powers of such Member including but not limited to These Terms and Conditions;
- misuse of the Services by the Member;
- whenever the security measures of the Services determine that a wrong password has been entered too many times, in order to protect the account of the Member;
- in any other circumstances where the Company deems that appropriate actions are required to be implemented.
- The Company reserves the right to change the user ID and password of a Member, or cancel membership without prior notice when the Member fails to log in at the frequency specified in the given time period by the Company.
Article 13 Amendment or Removal of Services
The Company reserves its absolute right to suspend, modify, remove, change or substitute the Services, in whole or in part, at its absolute and final discretion.
Article 14 Changes of these Terms and Conditions
The Company may revise, add, modify or change any or all of these rules at any time. When a revision, addition, modification or change is made to These Terms and Conditions, such revisions, additions, modifications or changes will become effective once they are displayed in the Site. No further consent from the Member is required and such changes are effective on the Member from the date such changes are displayed in the Site.
Article 15 Governing Law and Jurisdiction Courts
These Terms and Conditions and any other rules or policies are governed by and interpreted in accordance with the laws of Malaysia. The User and Member hereby irrevocably acknowledge and agree that all disputes arising from or in connection with the Services will be exclusively resolved through the Courts of Malaysia.
As at 1 July 2016