TERMS & CONDITIONS

I. Introduction and Eligibility

These Terms & Conditions (“Terms”) together with our Privacy Policy constitute a binding agreement between you and Excelerate Sdn Bhd. (“Excelerate,” “we,” “us”). Please read these Terms carefully before using the Excelerate Service (defined below). “You” and “users” shall mean all visitors to the Excelerate Service. Your use of the Excelerate Service signifies your agreement to be bound by these Terms each time you access the Excelerate Service. If you do not agree to any of these Terms, please do not use the Excelerate Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Excelerate Service.

Revisions to Terms. We reserve the right, in our sole and absolute discretion, to revise these Terms at any time, in whole or in part, without notice, by posting an updated version. Changes to these Terms will be effective when posted. You agree to visit this page periodically to review the most current Terms and your continued use of the Excelerate Service, or any part thereof after any changes to these Terms are posted, constitutes your binding acceptance of these Terms. If you object to any changes to these Terms, please stop using the Excelerate Service.

The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Excelerate Service.

International Users. The Excelerate Service is operated from Malaysia, but may be accessed in other parts of the world. If you are located outside of Malaysia and you access or use the Excelerate Service, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not ours) to make sure that your use of the Excelerate Service complies with all applicable local laws in the jurisdiction from where you access or use the Excelerate Service.

II. The Excelerate Service 

The “Excelerate Service” means the website located at [https://excelerate.asia] and any associated software, applications, and Internet services under Excelerate’s control, whether partial or otherwise, used in connection with providing the services provided by Excelerate. The Excelerate Service provides an online platform to enable you to view information online and through other connected devices about classes, courses, workshops, and other education programs and events offered by Excelerate (collectively, “Courses”). These Courses are at the intersection of technology, design, and entrepreneurship and may be made available for a fee, unless otherwise stated in Excelerate’s sole and absolute discretion. Together with our members, thought leaders, and seasoned practitioners (collectively “Instructors”), Excelerate offers a robust curriculum focused on entrepreneurship and practices by which design and technology can be leveraged to create industry-changing products and successful companies. The Excelerate Service will also permit the community of users of the Excelerate Service to engage in discussions and communications with one another and with the Instructors.

Sign Up for a Course. You may sign up for a Course using the Excelerate Service. We cannot promise the availability of the Course.

Cancellation and No Show Policies. We determine the rescheduling and cancellation policies and apply them in our discretion. You should contact us directly, not Instructors, for any rescheduling or cancellation questions.

Chat Room Service and Blog Post. You may be able to engage in online chat sessions with other users of the Excelerate Service, including Instructors, as well as post comments on blog posts. You should exercise caution, good sense, and sound judgment when submitting messages or information to be posted in a chat room or on a blog. Think and read twice before you post anything. Once something is posted online it may live in perpetuity, and messages posted today could be highly embarrassing or damaging to your credibility or reputation in the future. You are responsible for any comments or materials you post in a chat room or on a blog, and you assume all liability arising out of a post. We discourage the posting of sensitive or personal information in comments or posts, and we are not responsible for the use by any third parties of your personal information that you publicly post. Excelerate makes no representations and warranties with respect to the confidentiality of any posts you make through the Excelerate Service.

Information You Provide to Instructors. Your Instructors may ask you for information, including personal information, such as your email address, to help facilitate the provision of the Course. Instructors are required to use this information only to communicate about Course materials in a professional manner. However, you agree that we are not responsible for any use of this information by an Instructor for other purposes.

Third-Party Services. The Excelerate Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the Excelerate Service. Excelerate is not responsible for these third-party websites, whether or not Excelerate is affiliated with such third-party websites. Through our use, we do not endorse or approve the organizations sponsoring such third-party websites or their products or services. You agree that Excelerate is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website.

Excelerate Is Not Your Advisor. Do not contact Excelerate for legal, financial or other nature of advice. You agree and acknowledge that Excelerate, and its Instructors do not give such advice in any form or in any way. The information obtained from or through the Excelerate Service is for information purposes only, and you are solely responsible for confirming the accuracy and appropriateness of such information for your own business or venture with your own advisors. Excelerate, and its Instructors, are not establishing any fiduciary relationship including, attorney-client relationship, with you through your use or access of the Excelerate Service. 

Featuring a Course or Instructor. The Excelerate Service may feature a Course or Instructor as an advertisement, but this is not a recommendation of such Course or Instructor. We may also recommend a Course as part of a collection of Courses. However, as stated more fully elsewhere in these Terms, Excelerate makes no representations as to the quality or nature of Courses or Instructors shown on the Excelerate Service.

Featuring Your Student Work. We may promote Excelerate using the work you completed as part of completing a Course (“Student Work”) with your permission, and you grant Excelerate a nonexclusive license to use your name in combination with your Student Work in any and all media in connection with Excelerate’s promotional efforts. Our use will be limited to promoting Excelerate. Excelerate will include your name and attribute the Student Work to you.

III. Financial Matters

Courses. Excelerate may charge fees for Courses offered by us. The fees payable are exclusive of all applicable taxes, levies, duties and other similar governmental assessments of any nature payable in respect of the Courses, including any sales and/or service tax. The amount of any fees may be revised by Excelerate in our sole and absolute discretion from time to time and vary from topic to topic. The revision of fees shall be effective upon notification thereof on the Excelerate Service.

We may receive payment of fees for the Courses directly from you, the Government of Malaysia where funding for such Courses will be provided by the Human Resources Development Fund, or any other third-party service providers, as the case may be.  Except as otherwise determined by Excelerate or prohibited by applicable law, payment obligations are non-cancelable and fees paid are not refundable.

You Agree To Pay Us For Your Purchases. You agree to pay in full for all products and services that you purchase through the Excelerate Service, and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through the Excelerate Service.

Third-Party Payment Processors. Excelerate currently uses secure third-party payment processors for electronic commerce. Our third-party payment processors accept payments through methods detailed on the applicable payment screen, which may include, among other things, various credit cards and ipay88. Information that you supply to our payment processors is not stored by us or within our control, and is subject to each of our third-party payment processors’ own privacy policies and terms and conditions.

Availability of Certain Forms of Payment. Excelerate makes no representations and warranties about the continued availability of any particular form of payment method made available for use with the Excelerate Service.

Pre-Authorization. When you provide a credit card number to us to activate and/or pay for any fees related to Excelerate, we, through our third-party payment processor, may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.

Timing of Charges. Charges occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together.

Recurring Payment Program. Excelerate offers a recurring payment program, which allows you to pay the balance owed for courses in installments. You can elect to enroll in this program by completing and submitting the Recurring Payment Authorization Form (“Form”). If you have submitted this Form you have authorized us to charge your checking/savings account or credit card for the amount and at the intervals set forth in the Form. You can cancel your enrollment in our recurring payment program by notifying us in writing at least 15 days prior to the next billing date of your intent to cancel the authorization. To cancel, please notify us in writing at accounts@excelerate.my. You are responsible for all recurring charges made prior to the effective date of cancellation. 

Refunds. We reserve the right, but are not obligated, to refund fees paid to us in circumstances and for reasons deemed fit by us in our sole and absolute discretion. Excelerate may modify its refund policy at any time with or without specific notice to you; provided, however, that the refund policy in effect at the time of any transaction shall apply to such purchase despite any subsequent change in such policy.

Taxes. “Taxes” include income, sales, service  or value added taxes and other government-imposed fees, levies and charges imposed from time to time. You are responsible for determining and paying the appropriate taxes resulting from a transaction occurring through the Excelerate Service. Excelerate is not responsible for collecting, reporting, paying, or remitting to you any such taxes, unless required by law.

Currency. The currency required for settling all transactions with us will be in Ringgit Malaysia. You will be solely and wholly responsible for any applicable currency conversion-related transaction fees and exchange rate changes that your transaction with us may be subject to.

IV. Account Creation and Use by an Agent

You agree that if you create an account and use the Excelerate Service on behalf of a business entity (e.g., corporation), you have the necessary legal authority and capacity to do so as an authorized agent of the business entity. You agree that you have the authority to bind the business entity in legal agreements and contracts.

V. Your Account and Representations

To use some or all parts of the Excelerate Service, you must create an account. You represent and warrant that the information you provide to Excelerate upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.

Your Log-In Credentials. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to use your best endeavours to prevent unauthorized use of or access to your log-in credentials. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.

User Representations, without prejudice towards your other obligations under these Terms, you further represent and warrant that you:

(a) are eighteen (18) years of age or older (applicable to natural persons only);

(b) will not damage, disable, overburden, hack or impair the Excelerate Service or interfere with any other user’s use and enjoyment of it;

(c) will not destroy or cause harm or limitation to the functionality of any computer software or hardware operating or accessing the Excelerate Service, such as infecting them with viruses, computer “worms”, trojan, spyware, keyloggers or any other malicious software;

(d) will not register for a user account for another user or operate a user account or sign a document required by Excelerate for the benefit of any person or entity who is not eligible to do so; and

(e) will not register for a user account for another user or operate a user account or sign a document required by Excelerate for the benefit of any person or entity unless being validly authorized to do so.

VI. Communications 

If you have registered to use the Excelerate Service or are registered for a Course, you agree to receive email from us at the email address you provided to us for customer service related purposes, even if you have chosen to opt-out of marketing communications.

Electronic Notices. By using the Excelerate Service or providing any personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Excelerate Service. If we learn of a security breach relating to your personal information that is required to be reported pursuant to the Personal Data Protection Act 2010 (“PDPA”), we may attempt to notify you electronically by posting a notice on the Excelerate Service or by sending an email to you and undertake the necessary actions as required under the PDPA.

VII. Excelerate's Content Ownership and Use

All contents of the Excelerate Service, including but not limited to, information, articles, features,  images, icons, audio, videos, software, documents, data, service-marks, trademarks, domain names, logos, deign, layout, graphics and other materials (“Materials”) will belong to and remain vested in Excelerate or its licensors, as the case may be, and you shall not at any time in any way question or dispute the ownership of Excelerate’s Materials. All Materials are protected by copyright laws, trademarks or other information and intellectual property rights, and are either owned or controlled by us, or the respective owners or providers of the Materials. You further undertake not to use or otherwise deal with the Materials for any purpose other than expressly permitted herein.

You acknowledge that Excelerate has been granted by licensors, exclusive, non-transferable, non-sublicensable, revocable, limited licenses (“License”) to make available to you the Courses. Accordingly, you agree to:-

(a)      only copy, present, distribute, and make derivative works from small and discrete elements of the Course as would reasonably be expected solely for you to use and fully exploit the benefit of the Course provided by us. Any other use is expressly prohibited; 

(b)      not (i) copy, modify, translate, or create derivative works of any of the Courses; (ii) reverse engineer, decompile, disassemble or otherwise attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of any part of the Course, (iii) lend, lease, offer for sale, sell or otherwise use any part of the Course for the benefit of third parties, or (iv) attempt to circumvent any license, timing or use restrictions that are built into any part of the online educational platform; and

(c)      comply and abide by any other requirements and/or restrictions in respect of the use of the Course as may be notified by us from time to time.

No Commercial Use. No materials obtained from the Excelerate Service, even if authorized for download from the Excelerate Service, may be redistributed, nor may they be used for any commercial purpose, without Excelerate’s prior written permission. Notwithstanding the foregoing, the use of Course materials by a registered student of a Course for the development of a business, venture, or idea of which the registered student is actively involved as a founder or employee shall not be deemed a commercial purpose, but no additional reproductions may be made of any such materials, either electronically or in hard copy.

Additional Conditions. Certain materials made available for download from or through the Akademi GA Service may be subject to additional or different terms and conditions. Any such terms and conditions shall be identified in advance for such materials, and by downloading any materials governed by any other license terms and conditions, you hereby agree to be bound by and comply with such terms and conditions.

No Implied Rights. Nothing in these Terms shall have the effect of or be construed as Excelerate transferring or sub-licensing, whether express or implied, Excelerate’s Licence to you.

Excelerate Marks. Excelerate, the Excelerate logo, and other Excelerate logos and product and service names are or may be trademarks of Excelerate (the “Excelerate Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Excelerate Marks.

VIII. Your User Content and Our License to Use

Your User Content. The Excelerate Service may provide you with the ability to create, post, or share content, including messages in chat rooms,  comments on blog posts,  Student Work, photos, profiles, and other details (“Your User Content”). You or a third-party licensor, as appropriate, retain all intellectual property rights to Your User Content. You are responsible for protecting those rights.

Excelerate’s Use of Your User Content. By creating, posting, or sharing Your User Content, on or through the Excelerate Service, and subject to Excelerate’s Privacy Policy, and except as otherwise expressly stated, you grant Excelerate an irrevocable, perpetual, transferrable, unconditional, unrestricted, sublicenseable, world-wide, non-exclusive, royalty-free license to copy, use, reproduce, modify, remove, publish, upload, distribute, transmit, publicly display and create derivative works from Your User Content for any purpose without compensation to you, including for the purpose of promoting Excelerate and our services. Notwithstanding the foregoing, with respect to our use of your Student Work, we agree not to modify Student Work without your express permission. You waive any rights you may have regarding Your User Content, except for Student Work, being altered or manipulated in any way that may be objectionable to you. We reserve the right to refuse to accept, post, display, or transmit any of Your User Content in our sole and absolute discretion. Upon your request, Excelerate will discontinue this licensed use within a commercially reasonable period after Your User Content is removed from the Excelerate Service.

If you are an Instructor, the license grant above is also applicable to any content you create for the purpose of your Course (such as syllabi, slides or homework).

You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, through use of the Excelerate Service, any right, title, or interest (including intellectual property rights) in content delivered via the Excelerate Service.

You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Excelerate Service or otherwise have the right, permission, authorization or licenses to grant the license set forth in these Terms; (ii) the posting and use of Your User Content on or through the Excelerate Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content on the Excelerate Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of posting Your User Content on the Excelerate Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary. 

The Excelerate Service contains content from users and other Excelerate licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Excelerate Service.

IX. Suggestions and Submissions

We appreciate hearing from our users and welcome your comments regarding the Excelerate Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:

(a) own, exclusively, all now known or later discovered rights to the creative ideas;

(b) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and

(c) be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

X. User Content Disclaimers, Limitations and Prohibitions 

We do not represent, warrant or guarantee the truthfulness, accuracy, currency, completeness, performance, suitability, compatibility, reasonableness or reliability of content, posted by users of the Excelerate Service. You accept that any reliance on materials posted by other users or third-party service providers will be at your own risk. By using the Excelerate Service you accept the risk that you might be exposed to content that is inaccurate, objectionable or otherwise inappropriate.

You expressly acknowledge and agree that you are solely responsible for Your User Content on the Excelerate Service. Excelerate does not endorse, nor is it responsible for, Your User Content on the Excelerate Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, currency, completeness, compatibility, reasonableness or reliability, and you agree that you are solely responsible for any consequences that may arise from the posting of Your User Content through the Excelerate Service. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.

You agree to use the Excelerate Service only for its intended purpose. You must use the Excelerate Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following is a non-exhaustive list of uses of the Excelerate Service that are strictly prohibited. You may not, among other things,:

(a) attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Excelerate Service, user accounts, or the technology and equipment supporting the Excelerate Service;

(b) frame or link to the Excelerate Service without permission;

(c) use data mining, robots, or other data gathering devices on or through the Excelerate Service;

(d) post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;

(e) disclose personal information about another person or post any content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, abusive, inappropriate, racially, culturally or ethnically offensive, or that encourages criminal conduct or that gives rise, or potentially gives rise to civil or criminal liability or that violates any applicable law or the rights of any third parties;

(f) sell, transfer, subcontract or assign any of your rights and obligations in relation to the  use of the Excelerate Service to a third party without our express written consent;

(g) post advertising or marketing links or content, except as specifically allowed by these Terms;

(h) use the Excelerate Service after your account has been terminated, without our express written consent;

(i) use the Excelerate Service in an illegal way or to commit an illegal act in relation to the Excelerate Service or that otherwise results in fines, penalties, and other liability to Excelerate or others; and/or

(j) access the Excelerate Service from a jurisdiction where it is illegal or unauthorized.

XI. Termination and Consequences of Violating These Terms

In addition to and without prejudice towards other rights and remedies we may have in contract or in law or otherwise, we reserve the right to suspend, revoke or terminate your account and prevent access to the Excelerate Service without assigning any reason or giving notice to you, in our sole and absolute discretion. We also reserve the right to refuse to provide the Excelerate Service to you in the future. For the avoidance of doubt, the termination or suspension of your account shall not release you from any liability which, at the time of such termination or suspension, has already accrued to us or which is attributable to a period prior to such termination or suspension.

Excelerate may (without obligations) review, delete and remove any of Your User Content at any time for any reason and without notice including for any activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Excelerate Service.

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Excelerate Service.

XII. Excelerate's Liability 

Changes to the Excelerate Service. We may change, suspend, or discontinue any aspect of the Excelerate Service at any time, in our sole and absolute discretion, including hours of operation or availability of the Excelerate Service or any feature, without notice or liability.

User Disputes. You are solely responsible for your interactions and communications with other third parties using the Excelerate Service. We reserve the rights, but have no obligation, to resolve any disputes or disagreements between you and any third party you interact with using the Excelerate Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Excelerate of all claims, demands, and damages in disputes among users of the Excelerate Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Excelerate Service.

Content Accuracy. We make no representations about accuracy, reliability, completeness, currency, suitability, performance, compatibility, reasonableness or timeliness of any contents of the Excelerate Service. Similarly, we make no representations about accuracy, reliability, completeness, currency, suitability, performance or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Excelerate Service. You agree to use the Excelerate Service at your own risk, and it is your responsibility to ensure that any products, services or information on the Excelerate Service meet your specific requirements.

Third-Party Websites. The Excelerate Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse or approve any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

We make no promises and disclaim all liability of specific results from the use of the Excelerate Service.

A. Disclaimer of Warranties

Released Parties Defined. “Released Parties” include Excelerate and its affiliates, directors, officers, employees, servants, agents, service providers, contractors, partners, Instructors, and licensors.

To the fullest extent permitted by applicable laws, and notwithstanding anything to the contrary in these Terms, you expressly understand and agree that:

(a) your use of the Excelerate Service is at your sole risk, and the Excelerate  Service is provided on an “as is” and “as available” basis and the Released Parties expressly disclaim all warranties, whether express, implied or statutory, including, but not limited to, warranties as to products or services offered by businesses listed on the Excelerate Service, implied warranties of merchantability, fitness for a particular purpose, and non-infringement;

(b) the Released Parties make no implied or express warranty that (i) the Excelerate Service will meet your requirements, (ii) the Excelerate Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Excelerate Service will be accurate or reliable, (iv) the quality of any goods or services available on the Excelerate Service will meet your expectations and, and (iv) any errors in the Excelerate Service will be corrected; and

(c) any material downloaded or otherwise obtained through the use of the Excelerate Service is accessed at your own discretion and risk, and you will be solely and wholly responsible for any damage to your computer system or mobile device or loss of data that results from the download or use of any such material.

B. Limitation of Liability And Indemnification

To the fullest extent permitted by applicable laws, and notwithstanding anything to the contrary in these Terms,  you expressly understand and agree that the Released Parties shall not be liable to you or anyone else, under law or equity (whether in contract, tort, statutory or otherwise), for any direct, indirect, incidental, special, consequential, punitive and/or exemplary damages, including, but not limited to, damages for loss of profits, business, revenue goodwill, use, data or other intangible losses (even if Excelerate has been advised of or should have known the possibility of such damages), resulting or arising from:

(a) the use or the inability to use the Excelerate Service, including any error, problems, delay or technical malfunction of any system, software and hardware, servers, providers, features, network, equipment, devices howsoever caused;

(b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the Excelerate Service;

(c) false, incorrect, incomplete information or any misrepresentation or infringement of third party rights relating to the use or reliance on any part of the Excelerate Service; 

(d) any improper or unlawful third party act including but not limited to theft, fraud, hacking, unauthorized access to or alteration of your transmissions or data;

(e) any rejection, revocation, cancellation, termination, suspension, blocking of any user account, requests, application or any outcome or result whatsoever whether determined by us or otherwise;

(f) statements or conduct of any user or third party on the Excelerate Service, whether online or offline;

(g) your use or reliance on content made available by us;

(h)  any breach of these Terms; and/or

(i) any other matter relating to the Excelerate Service.

To the fullest extent permitted by applicable law, and notwithstanding anything to the contrary in these Terms, our maximum liability arising out of or in connection with the Excelerate Service or your use of Excelerate content, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed the amounts paid by you to us during the six (6) months prior to the event giving rise to the liability.

Indemnification. You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, fees, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising from or in connection (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Excelerate Content, (iii) any of Your User Content, (iv) your violation of any person’s intellectual property, privacy, publicity or other right, (v) the violation of any applicable laws and/or these Terms by you and/or anyone using your log-in credentials to access and otherwise use the Excelerate Service (in whole or in part), (vi) the breach of any of your warranties, representations, responsibilities or other obligations set forth in these Terms, or (vii) the willful misconduct of you or anyone accessing the Excelerate Service using your log-in credentials. We shall provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Excelerate Service.

XIII. CONSENT TO ELECTRONIC TRANSACTIONS AND SIGNATURES

You agree that all businesses, signatures, communications, notices, instructions and messages transacted and executed electronically through the Excelerate Service shall be deemed properly executed and received.

XIV. General Terms

These Terms constitute the entire agreement between you and Excelerate concerning your use of the Excelerate Service. Our failure or delay to exercise or enforce any right, remedy or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, void or for any reason unenforceable, the parties agree that that provision shall be deemed severable and the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Excelerate shall be entitled to assign, subcontract, novate or otherwise transfer our rights or obligations under these Terms to any other person. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect. 

XV. Governing Law and Disputes Resolution

These Terms and the relationship between you and Excelerate shall be governed by and construed in all respects in accordance with the laws of Malaysia without regard to its conflict of law provisions, regardless of where you live. You and Excelerate agree to submit any disputes relating to your use of the Excelerate Service to the exclusive jurisdiction of the courts of Malaysia.

Contact Information

+60 3-2300 3331

marketing_official@excelerate.asia

EFFECTIVE DATE: 22/11/2022
LAST UPDATED DATE: 22/11/2022