Description of Service
MPB provides the Users with the access to SUPeR to register their details and that the Users will be able to update their company’s details online from time to time provided that they have the authorised access to use SUPeR. The Users may also be given access to participate in trade-related exercises online through SUPeR in the future at MPB’s discretion.
Independent Review Acknowledgement
Registration and PDPA
To use SUPeR, the Users must first be registered with MPB, and that the information provided by the Users must be true, accurate and complete. The Users are fully responsible for maintaining the accuracy of the information and shall be fully responsible for all information provided by them. MPB may at any time at its sole discretion prevent, suspend or terminate any access by the Users if MPB suspects that the information provided by the Users may be misleading, inaccurate or incomplete.
The Users agree that their information submitted through SUPeR is subjected to MPB’s Personal Data Protection Notice.
For full details of the notice, log on to www.mediaprima.com.my/pdpa
Users Account, Password and Security
After successfully completing the registration process, the Users can access SUPeR using their registered user identification and password. MPB will not hesitate to take any legal action against any unauthorised individuals attempting to access the portal for whatever purposes.
The Users are entirely responsible for protecting and maintaining the confidentiality of their respective user identification and password as well as any activity that takes place within SUPeR using such identification and password, whether it is authorised or otherwise. The Users agree to notify MPB of any unauthorised use of their respective user identification and password immediately upon being aware of such incident. MPB shall not be liable whatsoever for any such activity made or done.
Conduct of the Users
MPB may at any time prevent any User from accessing and using SUPeR if MPB is of the opinion that:
- Any of the Users’ activities has or is likely to be the cause of failures, interruptions, errors or defects to SUPeR and/or any part of its system; and
- The Users fail to follow the terms and conditions contained herein and/or other additional terms and conditions as may be advised by MPB from time to time.
Unless otherwise consented by MPB, the Users are expressly prohibited from storing, downloading, selling, reproducing, redistributing, adapting or otherwise dealing with the information contained in SUPeR for any purpose other than for the purpose of registering the Users’ information or other authorised activities through SUPeR.
The Users are also expressly prohibited from using or distributing the information obtained from SUPeR for the following purposes:
- compiling an internal database;
- commercial information redistributing or reproduction through any media or network;
- infringing and/or assisting any infringement of proprietary rights activities in whatever manner; and/or
- trading, building commercial database or reselling such information.
The Users hereby agree that MPB may at any time without giving any prior notice suspend or prevent their access to SUPeR, if MPB believes that it is necessary to do so for the purposes of repairing, altering, modifying, updating, amending or replacing any part of SUPeR.
MPB does not warrant that functions contained in SUPeR will be uninterrupted or error-free, that defects will be corrected, or that SUPeR or the server that makes it available are free of viruses or bugs.
Limitations of Liability
MPB provides SUPeR on “as is” and “as available” basis. The use of SUPeR by the Users shall be at the Users’ sole risks and the Users undertake, at all times, to exercise its own judgement and skills for transactions conducted using SUPeR and/or its contents and shall be solely liable for all opinions, recommendations, forecast quotations, comments made or actions taken.
To the maximum extent permitted by applicable law, MPB makes no representations, warranties or conditions, express or implied. MPB disclaims any and all warranties or conditions, express, statutory and implied, including without limitation:
- warranties or conditions of fitness for a particular purpose, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement;
- warranties or conditions arising through course of dealing or usage of trade;
- warranties or conditions that access to or use of SUPeR will be uninterrupted or error-free.
There are no warranties that extend beyond the face of these terms and conditions.
In addition to other limitation of liabilities mentioned herein, in no event shall MPB or its subsidiaries, officers, employees and/or agents be liable to the Users for any indirect, special, punitive or consequential damages of any kind, including but not limited to loss of profits, loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties which the Users may suffer or incur or be liable for, which arises out of or in connection with:
- the breach of these terms and conditions; or
- the breach of any warranty (if any); or
- negligence; or
- access and/or use or inability to access and/or use SUPeR; or
- any activity conducted or statement and materials transmitted or unable to be transmitted or intercepted on or through SUPeR by the Users or using the Users’ identification and password; or
- any system error or delay, fraud, unauthorised access or dealings by third parties, or unauthorised alteration of any data or transmission; or
- the sale or provision of goods or services or alternative goods or services, resulting from the use of or through SUPeR;
whether or not MPB has been advised of the possibility of such loss, expense or damages.
The Users agree to indemnify and hold MPB, its subsidiaries, officers, employees and/or agents harmless from any loss, expense, claim or demand, including legal, and other fees and disbursements made by any third party due to or arising out of the access, use and conduct of any activities on or through SUPeR, the violation of these terms and conditions by the Users and/or any of the infringement of intellectual property and/or such other proprietary rights by the Users.
Proprietary Rights and Intellectual Property Rights
The Users acknowledge and agree that MPB and relevant third parties own certain intellectual property rights or such other proprietary rights subsisting in or used in connection with SUPeR, its system and/or any part thereof and the Users undertake that they shall not, at any time in any manner, question or dispute the ownership of the rights by MPB and/or the relevant third parties.
The Users acknowledge that civil and criminal penalties may be incurred in the event of any infringement of the copyright and/or other rights in relation to SUPeR or its contents and that any such infringement by the Users may result in incalculable damage and/or loss to MPB, and accordingly agrees that, in addition to any other right or remedy of MPB, MPB shall be entitled to immediate injunctive relief to restrain any actual or apprehended infringement thereof.
MPB may, at its sole discretion and without prior notice, suspend, terminate or discontinue any or all of the services offered by or through SUPeR. In addition, MPB may terminate without liability, including for the content the Users have provided or posted, the Users’ access to SUPeR or use of services by or through SUPeR, if at any time, in MPB’s sole discretion and without limitation, including if:
- MPB is unable to verify or authenticate any information that the Users have provided to MPB via SUPeR or otherwise; and/or
Upon termination by MPB, MPB reserves the right to:
- delete any content, listings, messages or other information connected with the said Users’ prior use of SUPeR;
- prohibit such Users from any future access to SUPeR, including without limitation by deactivating any passwords; and
- refuse the said Users’ future access to MPB’s related or affiliated websites or portal (where applicable).
In no event shall MPB be required to refund, redeem or pay amounts to the said Users upon the termination of the said Users’ access or to return any content to the Users.
In the event that any provision contained herein is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions herein will remain in full force and effect, to the maximum extent possible.
Consent to Electronic Form of Contract
The provisions herein dealing directly or indirectly with intellectual property, disclaimers of warranties, imitation of liability, compliance with laws and regulations, security, dispute resolution and use restrictions and prohibitions continue to apply and shall survive the termination or expiration of any relationship between the Users and MPB.