Effective Date: 1 August 2015

Terms and Conditions for User

Trainer Hunt Sdn Bhd (9621118-P) of Block E, Suite E-06-03, Plaza Mont Kiara, Jalan Kiara, 50480 Kuala Lumpur, requires that all visitors who wants to search for trainers on the website owned, operated, licensed and controlled by Trainer Hunt Sdn Bhd (“Website”) to adhere to the following Terms which together with its privacy policy to govern Trainer Hunt Sdn Bhd's relationship with you with regards to use of the Website.

If you do not agree to these Terms, you should not use this Website.

Trainer Hunt Sdn Bhd shall be entitled to vary these Terms at any time without prior notification. Once the Terms on this Website are updated and published by Trainer Hunt Sdn Bhd , you are deemed to be notified of the changes and the you agree that your ongoing use of the Website after publication of changes to the Terms indicates your consent to the changes and agreement to comply with the revised Terms. Please be sure to check the Terms regularly to keep up to date with any changes.

The use of this Website is subject to the following terms of use:

  1. Definitions
    1. Confidential Information

      Information regarding the business, licensing practices, marketing or technical operations of Trainer Hunt Sdn Bhd regarding business but does not include:

      information which is at the time of being acquired or thereafter becomes part of the public domain through no act or omission of the recipient;

      which was otherwise lawfully in the possession of a recipient, prior to acquisition, as shown by written records;lawfully disclosed to a party by a third party which did not acquire the information under an obligation of confidentiality to the discloser or the disclosure;
    2. Customer

      Viewers or users of the Website who engages the services of trainer(s) via the Website.

    3. Intellectual Property Rights

      Trademarks, copyright and all other proprietary right.

    4. Subscription Fee

      Fee paid by Users to gain access Additional Features on the Website

    5. Terms

      The Terms and Conditions of viewing and using the Website

    6. Trainers

      Trainers listed on the Website.

    7. Premium Users

      Users who pay the Subscription Fee to gain access to Additional Features on the Website.

    8. Users

      Users of the Website

    9. User Account

      Account created when the users of the Website signs up with Trainer Hunt Sdn Bhd to use the Website.

    10. Website

      www.trainerhunt.com

  2. In these terms and conditions, "we" and "us" means Trainer Hunt Sdn Bhd, the owner of the Website, and the term "you" refers to the viewers or users of the Website.

  3. Registration

    1. You must be registered with the Website to be a Customer. To register on Website you must be 18 years of age or above.

    2. You must ensure that the details provided by you on registration or at any time are correct and complete.

    3. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively

  4. Username and password

    1. IF YOU ARE CREATING AN ACCOUNT ON BEHALF OF A BUSINESS OR GOVERNMENT ENTITY THE NAME OF WHICH IS ENTERED IN THE CUSTOMER ACCOUNT DETAILS, BY ACCEPTING THESE TERMS YOU ARE WARRANTING TO TRAINER HUNT SDN BHD THAT YOU ARE AUTHORIZED BY THE BUSINESS OR GOVERNMENT ENTITY TO DO SO AND TO BIND THE BUSINESS OR GOVERNMENT ENTITY BY YOUR ACCEPTANCE OF THESE TERMS. IN THAT CASE, "YOU" AND REFER TO THE BUSINESS OR GOVERNMENT ENTITY NAMED IN THE CUSTOMER ACCOUNT DETAILS (AND ANY SUCCESSOR ENTITY OR ASSIGNEE OF THE BUSINESS).

    2. Upon registering with Trainer Hunt Sdn Bhd, you will be creating a User Account and will be issued with a user name and password. The user name and password are personal to you and are not transferable.

    3. Your username and password are required by us to identify you.

    4. You shall keep your username and password safe and refrain from disclosing, divulging or enabling any third party to have access to your username and password.

    5. You are responsible for all information posted on the Website by anyone using your username and password, and any payments due for services accessed through the Website by anyone using your user name and password.

    6. You shall immediately report or notify us of any breach or suspected breach of security of a user name and password.

    7. By creating a User Account, the you represent and warrants that:

      1. in the case of a natural person, that you is at least eighteen (18) years of age;

      2. the information provided by you to create your User Account is true and correct in every detail;

      3. you will not attempt, in any manner whatsoever:

        1. to gain access to the Website by any means other than through its own User Account; or

        2. to gain any access or interfere with or to impair the proper operation of the Site.

  5. Website Access

    1. You agree to use the Website in accordance with these Terms, and any other communicated policies or procedures which are posted on the Website from time to time. You agree to comply with all directions relating to the access and use of the Website.

    2. We hereby grants you a limited, terminable, non-exclusive right to access and use the Website for your internal business use seeking trainer to provide training to your employees. This authorizes you to view and download a single copy of the trainer’s bio data from Website solely for your use directly related to searching for trainer to provide training to your employees.

    3. We will not provide you with any software or hardware required to assist you in gaining access to the Website or use the services.

    4. We may, in our absolute discretion, retain and assess any data or information concerning the use of the Website by you, subject to our Privacy Policy.

    5. We reserve the right, immediately, and without prior notice, to suspend or to terminate your right to access the Website for any reason whatsoever, including if:

      1. you fail to comply with any provision of these Terms including without limitation in respect of the payment of any fees;

      2. you misused the Website or failed to comply with the obligations as to the use and access of the Site;

      3. you fail to comply with any other agreements, including but not limited to any agreement you have entered into with a trainer or non-disclosure agreement, policies or procedures as communicated by us from time to time;

      4. we remove or disable access to any material placed on the Website by the you on two (2) or more occasions for any reasons whatsoever.

    6. You acknowledge that access to the Website or its services may be suspended or terminated at any time at our discretion.

    7. The information provided by us on the Website is not in any way an invitation or recommendation to engage in any of the services featured and you should seek appropriate independent advice. The content of this Website is for your general information and use only, and it is subject to change without prior notice.

    8. We reserve the right to change, modify, substitute or remove without notice any information on the Website from time to time without prior notification.

  6. Site Availability

    You acknowledge and confirm that:

    1. the Website or any part of the Website may be temporarily or permanently unavailable;

    2. We make no representation or guarantee that access to the Website will be secure, uninterrupted or error free at all times;

    3. We make no representation or assurance that the Website will satisfy your requirements;

    4. We makes no representation or assurance that the Website will comply with any particular laws, regulations, codes or industry standards;

    5. We will not be liable to you in the event of any suspension of operation of or interruption to the Website or any part of the Website for any reason whatsoever;

    6. We may change, remove or replace the Website or any part of the Website at any time and without notice to you;

    7. We may, in our absolute discretion and without prior notice, deny or prevent you to access the Website or any part of the Website at any time and for any period of time.

  7. Data submitted by users

    1. We shall not be liable for any data supplied by any user for display on the Website and the limitations in clauses 10 and 11 above apply.

    2. You shall be responsible for ensuring that all data submitted or uploaded onto the Website are accurate, complete, appropriate, original and up to date and you shall be responsible for updating any relevant data from time to time where necessary.

    3. You shall be fully responsible to ensure that any data submitted or uploaded on the Website are not defamatory, threatening, libelous, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties.

    4. You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Website is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology.

    5. We reserve the right (without limiting our rights to seek other remedies) to remove, move or edit any offending, defamatory, threatening, libelous, obscene, or abusive material placed on the Website that we consider to constitute a misuse of the Website or which is otherwise harmful to other users of the Website.

    6. You will indemnify us for any and all costs, damages, claims or losses (including without limitation, economic loss) suffered by us arising out of your failure to observe any of the terms of Clause 11 herein.

  8. Confidential Information

    1. You acknowledge and agree that you must treat as confidential all Confidential Information.

    2. You must not, without the prior written permission of Trainer Hunt Sdn Bhd, use or disclose Confidential Information to a third party, or otherwise use or exploit the Confidential Information.

    3. The foregoing obligations and commitments not to disclose Confidential Information shall not apply to disclosure where required by law or a regulatory body.

    4. Your obligations under this clause shall survive the termination of this Agreement.

    5. We may, in our absolute discretion, retain and assess any data or information concerning the use of the Website by you subject to Trainer Hunt Sdn Bhd's Privacy Policy.

    6. We reserve the right, immediately, and without prior notice, to suspend or to terminate your right to access the Website for any reason whatsoever, including if:

      • you fail to comply with any provision of these Terms including without limitation in respect of the payment of any fees;

      • you misuse the Website or fails to comply with your obligations as to the use and access of the Site;

      • you fail to comply with any other agreements, policies or procedures as communicated by Trainer Hunt Sdn Bhd to you from time to time;

  9. Intellectual Property

    1. Unless otherwise stated, all Intellectual Property Rights in the Website, contents, material, website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to Trainer Hunt Sdn Bhd. Any unauthorized use of the Intellectual Property Rights belonging to Trainer Hunt Sdn Bhd is a violation of our copyright, trademark and other laws and intellectual property rights. Contents and material from the Website may not be modified, copied, distributed, republished, uploaded, posted, decompiled, or transmitted in any way, without the prior written consent of Trainer Hunt Sdn Bhd.

    2. You may download one copy of the contents and material for your personal, non-commercial use only, provided that you do not delete or change any Intellectual Property Rights belonging to Trainer Hunt Sdn Bhd or any third party.

    3. You shall retain ownership of all trademarks and copyright in data you submit to the Website. You grant us a world-wide exclusive, royalty-free, non-terminable license to use, copy, distribute, publish and transmit such data in any manner.

    4. We may in appropriate circumstances and at our full discretion, disable and/or terminate the accounts of users who may be infringing the Intellectual Property Rights of others without liability.

  10. Exclusions of liability

    1. Unless excluded, we use reasonable endeavours to ensure that the data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them.

    2. We do not monitor, verify or endorse information submitted by Trainers or third parties for posting on the Website and you should be aware that such information may be inaccurate, incomplete or out of date.

    3. We accept no responsibility in connection with or arising from any inaccuracy or falsity of any qualifications or testimonials of Trainers. You should conduct all necessary checks and verification with Trainers before entering into any contract or engaging in the Trainer or uses his/her products or services.

    4. The views expressed in any post, comment or blog on this Website are those of the person who submitted them and not necessarily the views of Trainer Hunt Sdn Bhd. Every effort is made to react swiftly to remove any inappropriate content, either through discovery by us or by request from any member of the Website or any third party.

    5. We accept no responsibility in connection with or arising from content in private messages.

    6. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website. We do not guarantee that the Website will be fault free and do not accept liability for any errors or omissions.

    7. Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to the Website, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect or consequential loss of any kind in contract, tort (including negligence) or otherwise arising out of use of the Website, save where such liability cannot be excluded by law.

    8. We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.

    9. In the event the applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, Trainer Hunt Sdn Bhd's total and maximum liability to you for all losses, damages, and causes of action (in contract, tort, or otherwise including without limitation, negligence, product liability and strict liability or otherwise) will not be greater than the amount you paid to access the site.

  11. Exclusion of liability for suppliers' products and services

    1. Trainer Hunt Sdn Bhd shall not be liable for any products or services provided by the Trainers.

    2. Any goods or services which are not stated to be provided by us are provided by Trainers over whom we do not have control over and you should satisfy yourself that you wish to purchase those goods or services before contracting with the supplier.

    3. The Trainers will be supplying their services on their own standard terms and conditions and you should take all necessary steps to check and ensure that you agree with the terms and conditions before contracting with supplier.

  12. Premium Users

    1. If you wish to subscribe to the Additional Features on the Website, you can subscribe to become a Premium User by filing in the relevant online forms and paying the requisite fees in accordance to the relevant procedures.

    2. Upon completing the relevant forms and making the appropriate payment of Subscription Fees, you as a Premium User you shall be entitled to Additional Features on the Website which are unavailable to other users.

    3. The subscription as Premium User will be valid for twelve (12) months and will be automatically renewed for a further twelve (12) months unless terminated by you in accordance to the procedures set out in Clause 15 herein.

    4. Trainer Hunt Sdn Bhd has the sole discretion to remove, alter, change or replace any Additional Features on the Website to another without prior notification.

  13. Payment

    1. Payment of the Subscription Fee must be made ...

  14. Right to cancel and refunds

    1. If you are a Premium User and you wish to terminate the subscription, you can do so by ... [please advise on proper procedure for terminating the Premium User agreement.]

  15. Indemnity

    1. You must indemnify and keep indemnified Trainer Hunt Sdn Bhd from and against all loss, costs, expenses (including legal costs and expenses on a solicitor and own client basis) or liability whatsoever incurred by us arising from any claim, demand, suit, action or proceeding by any person against us where such loss or liability arose out of a breach by you of these Terms or the use of the Site or the services.

  16. Data protection

    1. We are committed to protecting your privacy in accordance to the Personal Data Protection Act 2010.

    2. We will collect and use information supplied voluntarily by you and other users of the Website to improve the Website and to personalise your experience when you visit the Website.

    3. We may also use your information to inform you (via email, telephone, post or any alternative medium) about changes in our services, or about services and features which we think may be of interest to you.

    4. We will not sell, trade or rent your personal information to any third parties.

    5. Given the nature of the Internet, Trainer Hunt Sdn Bhd cannot guarantee that any data transmission is totally secure. Whilst we takes precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us or this Website. You therefore transmit to this Website at your own risk. However, once we receives data, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the Website, please contact us immediately by email at ......

    6. You acknowledge that any information or data provided by you to any Third Party Trainer, user or third parties via the Website is provided by you voluntarily and we shall not be liable for any breach or misuse of your data and information by such parties.

    7. You may edit and update your personal information on the Website at any time.

  17. Complaints

    1. If you have any problems or difficulty with the services in the Website, Trainer Hunt Sdn Bhd may, but shall not be obliged to deal with such a dispute in accordance to our complaints policy.

  18. General

    1. We may, from time to time, add or remove information, products, services or Additional Features from this Website without prior notice.

    2. We reserve the right to amend these Terms at any time without notice. Any modification or amendment to the Terms will take immediate effect and the continued use of this Website will represent an agreement by you to be bound by these Terms as amended.

    3. Where your access to this Website is terminated for any reason, all obligations of confidentiality, with respect to intellectual property rights, indemnities, disclaimers and limitations of liability set out in these Terms will survive.

    4. If any provision of these Terms found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.

    5. A provision of or a right created under these Terms (including under the complaints policy) may be waived or varied by Trainer Hunt Sdn Bhd at its discretion. Failure to exercise or enforce, or a delay in exercising or enforcing, or the partial exercise or enforcement of, a right, power or remedy provided by law or under this Terms by us does not preclude, or operate as a waiver of, the exercise or enforcement, or further exercise or enforcement, of that or any other right, power or remedy provided by law or under this Terms. No waiver of a breach of a term of this Terms operates as a waiver of another breach of that term or of a breach of any other term of this Terms.

  19. Force Majeure

    Trainer Hunt will not incur any liability in respect of the results of any delay or failure to perform its rights or obligations pursuant to these Terms if such delay or failure is caused by acts of God, acts of government, strikes, lockouts or other industrial disturbances, blockades, wars, insurrections or riots, epidemics, landslides, fires, storms, floods, explosions or other similar causes beyond its control of a party.

  20. Further Assurances

    You acknowledge and agree that you will upon request by Trainer Sdn Bhd at any time and from time to time, execute, sign and deliver all documents and do all things necessary or appropriate to evidence or carry out the intent and purposes of these Terms.

  21. Governing law

    1. These Terms are governed by and construed in accordance with the laws of Malaysia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Malaysia.

    2. If you access this Website in a jurisdiction other than in Malaysia, you are responsible to comply with the laws of that jurisdiction, to the extent that they apply. Trainer Hunt Sdn Bhd makes no representations that the content of this Website complies with the laws of any country other than in Malaysia.

  22. Other Websites

    1. The Website may contain links to other websites that are owned or operated by third parties. These links are provided for convenience only and may not remain current or available. Trainer Hunt Sdn Bhd should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or any information, products or services referred to on those third party websites unless expressly stated. If you link to these websites, you do so at your own risk and should make your own enquiries as to the privacy policies of these third parties. Trainer Hunt Sdn Bhd is not responsible for information on, or the privacy practices of, such websites.

    2. You acknowledge and agree that you must not create, cause or permit any linkages to this Website without written permission from Trainer Hunt Sdn Bhd first being obtained.