The Answers-In-Law website is a service offered by Answers In Law Sdn. Bhd. The Terms of Use (the “Agreement”) herein stated shall constitute a binding agreement between you and Answers In Law Sdn. Bhd, and is applicable to your access and use of the Website.

 

 1.            Definitions

               

“Answers In Law”/”We”

                Means Answers In Law Sdn Bhd (Company No.: 889491-D)

               

“Individual”

Means any natural person that is capable of entering into a legally binding agreement under the laws of Malaysia

                 

                “Privacy Policy”

                Means the Answers-In-Law Privacy Policy

                 

                “Services”

Includes but is not limited to any services provided by Answers In Law through, inter alia, the Website, such as:

                (a)           phone consultations;

                (b)           web chats;

                (c)           face-to-face consultations;

                (d)           court representation; and

                (e)           document drafting/review (e.g. of wills).

                 

                “User Content”

Means any information, data, text, links, articles, software, photographs, graphics, video, music, sound, messages and other content posted by you on the Website

                 

                “Website”

Means the Answers-In-Law website, namely http://www.answersinlaw.com, and includes any RSS feeds generated from http://www.answersinlaw.com

                 

                “You”

Means yourself, or any other individual or corporation viewing, accessing, downloading, or using the Website in any other way

                 

 

2.             Conditions of Use

                 

2.1          In order to make use of the Website and/or Services, you must first agree to the Agreement.

2.2          USAGE OF THE WEBSITE AND/OR SERVICES WITHOUT FIRST AGREEING TO THE AGREEMENT IS STRICTLY PROHIBITED.

2.3          If you do not agree with the Agreement or the Privacy Policy, or are unsatisfied with any portion of the Website and/or Services, your sole and exclusive remedy is to discontinue any use of the Website and Services.

2.4          Answers In Law may amend the Agreement at any time by posting the amended Agreement on the Website, and such changes are effective immediately. You agree that your use of the Website after any changes will constitute your acceptance of those changes. The date of last revision can be found at the last page of the Agreement. If you disagree with any such amendment, you must immediately discontinue any use of the Website and Services.

2.5          Answers In Law reserves the right at its sole and absolute discretion at any time to:

(a)           develop, modify or discontinue either temporarily or permanently the Website or the Services, or any portion thereof, with or without prior notice. You agree that Answers In Law will not be liable to you or any third-party for any modification, suspension, or discontinuance of the Website;

(b)           suspend or terminate the Agreement, your registration for any program, your ability to access the Website or utilise any Services, or to remove any User Content, for any reason, including without limitation any breach by you of the Agreement or conduct by you that Answers In Law determines in its sole and absolute discretion to be inappropriate. You agree that Answers In Law shall not be liable to you or any third-party for any such suspension or termination.

                 

2.6          You, and not Answers In Law or any of its subsidiary service providers, will be solely and exclusively responsible for any public or private User Content that you contribute to the Website.

2.6.1       By contributing any User Content, you have represented that you own the content posted by you on or through the Website, or otherwise have the right to grant the license set forth in this section.

2.6.2       Answers In Law reserves the right (but does not assume the obligation) in its sole and absolute discretion to reject, move, edit or remove any User Content that is contributed to the Website, including without limitation the right to remove any User Content that violates any part of the Agreement.

2.6.3       You acknowledge that Answers In Law does not verify, pre-screen, adopt, ratify, or sanction any User Content, and you agree that you must evaluate, and bear all risks associated with, your use of any User Content or your reliance on the accuracy, completeness, or usefulness of any User Content.

2.6.4       Answers In Law takes no responsibility for any use or manner of use of such User Content by other parties who may view it on the Website.

                 

2.7          You acknowledge and agree that Answers In Law may preserve and disclose your personal information and/or any User Content if authorised by you, or required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

                (a)           comply with any legal process (whether in Malaysia or elsewhere);

                (b)           enforce our rights;

                (c)           respond to claims that any User Content violates the rights of third parties; or

                (d)           protect the rights, property, or personal safety of Answers In Law, any individual or the public.

                 

2.8          You agree to:

(a)           only provide complete, accurate, and true information upon registering for membership to the Website and Services, and update any inaccuracies in this information as they may arise. False identities or accounts created for misleading or deceptive purposes shall be subject to termination by Answers In Law;

                (b)           read and observe any amendments to the Privacy Policy and the Agreement; and

                (c)           read and observe any notices announced by Answers In Law as posted on the Website.

                 

2.9          You agree not to, or not to attempt to:

                2.9.1       email, upload, post, transmit, contribute, or otherwise make available:

(a)           any content that is unlawful, threatening, harmful, tortious, defamatory, libellous, abusive, disparaging, paedophilic, pornographic, obscene, invasive of another's privacy, false or misleading, hateful, or malicious;

(b)           any material that is racist or discriminatory (on account of gender, age, race, religion, sexual orientation or any other factor);

                                (c)           any false, misleading, deceptive, or fraudulent information;

(d)           any material that promotes or encourages unlawful or illegal conduct, or instructs upon illegal conduct (such as creating computer viruses or procuring illegal weapons);

                                (e)           any "junk mail," "chain letters," or engage in unsolicited mass mailing ("spamming");

(f)            any material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18, or that may otherwise be harmful to minors;

(g)           anything that may damage, disable, burden, or otherwise impair the Website or Services, or restrict and interfere with other parties’ use or enjoyment of the Website or Services. This includes but is not restricted to transmitting, uploading, introducing, or otherwise utilising a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment owned by Answers In Law, its service providers, or its customers, or override any security component of the Website;

(h)           any material that infringes any patent, copyright, trade mark, trade secret, or other proprietary rights of any third party, or that which illegally promotes or distributes copyrighted work;

                 

2.9.2       create liability for Answers In Law, or cause Answers In Law to lose, in whole or in part, the   services of its Internet Service Providers or other suppliers, or the goodwill of Answers In Law;

2.9.3       remove, infringe, or use any “Answers-In-Law” copyright, trade mark, or proprietary right used or contained on the Website or Services, including but not limited to the “Answers-In-Law” brand, without prior permission by Answers In Law;

2.9.4       create a “mirror” site that simulates the appearance and function of the Website, forge headers, or manipulate identifiers for the purpose of disguising the origin of any information, file or document transmitted or contained on the Website or Services;

2.9.5       reproduce, duplicate, copy, sell, license, sub-license, or exploit for any commercial purpose (which includes performing any service that competes with the Website), any portion of the Website or Services, use of the Website or Services, or access to the Website or Services;

2.9.6       access the Website or Services through any other interface other than that provided by Answers In Law;

                2.9.7       stalk or harass any person;

2.9.8       impersonate or misrepresent your identity as another person or entity, including that of any Answers In Law employee, agent, or representative;

2.9.9       solicit or ‘harvest’ passwords or personal identifying information from other users for unauthorised or unlawful purposes, or any other information by way of any script, spider, or similar database-scraping application; or

                2.9.10     otherwise violate any local, state, national or other applicable law or regulation.

                 

 

3.             Intellectual Property

                 

3.1          Copyright

3.1.1       The Website and the Services are the sole and exclusive property of Answers In Law and/or its suppliers, and any material contained therein is protected by intellectual property laws including copyright. Unauthorised use of the Website or the Services in any way not expressly permitted by the Agreement is prohibited, and may be actionable under Malaysian or international law.

3.1.2       So long as you agree and comply with the terms of the Agreement, and unless the Agreement is otherwise terminated by Answers In Law, you are permitted to view and use the Website and the Services solely for your own use. However, you may not duplicate, modify, publish, hyperlink to, display, distribute or create derivative works from any part or content located on the Website or offered through the Services unless expressly authorised in advance in writing by Answers In Law. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website.

3.1.3       You agree that, as between Answers In Law and you, all rights, titles, and interests in and to the Website and the Services, including without limitation any patent rights or patents, business methods, trademarks, copyrights, trade secrets, know-how, inventions, and all other intellectual property rights pertaining thereto, shall be exclusively owned by Answers In Law.

                 

3.2          Copyright Infringement

3.2.1       If you are a copyright owner (or agent of the same) and believe that content posted on the Website by one of our users infringes upon your copyright, please submit notice to Answers In Law including:

(a)           an electronic/physical signature of the owner of the copyright, or of the agent acting on behalf of the owner;

                                (b)           a description of the copyrighted work that is claimed to be infringed;

(c)           the URL of the location on our Website containing the material that you claim has infringed your copyright;

                                (d)           your contact details (address, telephone number, and email address);

(e)           a written statement by you, stating that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and

(f)            a written statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or an authorised agent thereof.

                                 

3.3          Licensing of User Content

3.3.1       By posting, providing, or otherwise making available any User Content, you hereby grant to Answers In Law and its affiliates a worldwide, irrevocable, royalty-free, non-exclusive, unlimited license. This license includes but is not limited to the right to reproduce, use, adapt, modify, publish, translate, publicly perform, publicly display, distribute and create derivative works from such User Content in any form, in any medium. Answers In Law may sub-license all or part of its rights under this license, assign, or transfer them to third parties. You hereby agree to waive all moral rights over any User Content generated by you.

3.3.2       As the copyright owner of the User Content, you hereby state that you are solely responsible for all legal action including copyright infringement action which may be instituted against Answers In Law arising from the uploading, contribution, or transmission by you of the User Content on the Website and use of the User Content by Answers In Law in the manner described in paraqraph 3.3.1 above, and you shall indemnify Answers In Law, its subsidiaries, affiliates, officers, agents, administrators and other partners and employees from any claims, losses, or liability (including costs on a solicitor and client basis) made by any third party arising therefrom.

                                 

3.4          Trade marks

3.4.1       “Answers-In-Law”, the “Answers-In-Law” logo, the Business Search Engine, and other marks (whether registered or not) are trade marks/service marks of Answers In Law.

3.4.2       Any unauthorised use of any “Answers-In-Law” brand, trade mark, service mark or logo may be a violation of Malaysian and international laws, and Answers In Law reserves all rights and remedies in this regard.

3.4.3       All third party trade marks are the property of their respective owners, and cannot be used without permission. Third party trade mark references herein do not constitute or imply affiliation with, recommendation, or endorsement of Answers In Law or the Services by the respective trade mark owners.

                               

3.5          Answers In Law may make software available to you for download, and your download and use of such software shall be subject to a separate license agreement.

 

 

4.             DISCLAIMER

 

4.1          THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANSWERS IN LAW MAKES NO WARRANTY AS TO THE SUITABILITY, ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU MAY USE THE WEBSITE AND SERVICES AND RELY ON ANY USER CONTENT, INFORMATION, AND MATERIAL VIEWED HEREIN AT YOUR OWN RISK.

4.2          YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT, AND SHOULD TAKE ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. YOU AGREE THAT ANSWERS IN LAW IS NOT RESPONSIBLE FOR ANY UNAUTHORISED ACCESS TO YOUR ACCOUNT AND PERSONAL INFORMATION, REGARDLESS OF WHETHER MADE PUBLIC OR PRIVATE, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE.

4.3          YOU ACKNOWLEDGE THAT THE WEBSITE DOES NOT PROVIDE PROFESSIONAL ADVICE (OTHER THAN AS EXPRESSLY SET OUT IN THE AGREEMENT BETWEEN A SUBSCRIBER AND ANSWERS IN LAW OR OTHERWISE EXPRESSLY CONTEMPLATED UNDER THE SERVICES), AND YOU AGREE THAT YOU WILL NOT USE THE WEBSITE AS A SUBSTITUTE FOR OR SUPPLEMENT TO ADVICE FROM A QUALIFIED PROFESSIONAL, WHETHER THEY BE A FINANCIAL, LEGAL OR OTHER PROFESSIONAL. ANY CONTENT DISTRIBUTED ON THE WEBSITE OR THROUGH THE SERVICES (OTHER THAN AS EXPRESSLY SET OUT IN THE AGREEMENT BETWEEN A SUBSCRIBER AND ANSWERS IN LAW OR OTHERWISE EXPRESSLY CONTEMPLATED UNDER THE SERVICES) DOES NOT CONSTITUTE LEGAL ADVICE, AND DOES NOT ATTRACT ANY ATTORNEY-CLIENT PRIVILEGE OR CONFIDENTIALITY.

4.4          NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANSWERS IN LAW OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. NEITHER ANSWERS IN LAW NOR ANY OF ITS DATA OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY ERRORS, OMISSIONS, INACCURACIES, OR DELAYS IN THE CONTENT, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON.

4.5          Any dealings or communications made through the Website or Services with any party other than Answers In Law are solely between you and that third party. Answers In Law will not be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm arising thereof.

4.6          The Website may provide links and/or search results to third party websites, and in turn third parties may provide information that refer or link to other websites or resources. Answers In Law has no control over such sites and resources. You agree that by accessing linked third party websites and/or resources, you do so at your own risk, and Answers In Law is not responsible for the content or information contained therein or gathered in this way.

                                 

 

5.             LIMITATION OF LIABILITY

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANSWERS IN LAW DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR THE SERVICES, EVEN IF ANSWERS IN LAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANSWERS IN LAW’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT AND YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ANSWERS IN LAW DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE APPLICABLE CAUSE OF ACTION AROSE.

                                 

 

6.             Indemnity

 

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD ANSWERS IN LAW, ITS SUBSIDIARIES, SERVICE PROVIDERS, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS, ADMINISTRATORS, SUCCESSORS-IN-TITLE AND OTHER PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE FEES ON A SOLICITOR AND CLIENT BASIS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF:

                (a)           YOUR USE OF THE WEBSITE OR THE SERVICES; OR

       (b)            YOUR VIOLATION OF THE AGREEMENT, ANY APPLICABLE LAWS, OR THE RIGHTS OF ANY THIRD PARTY.

                                 

 

7.             Privacy Policy

 

7.1          We believe that your privacy and the privacy of all of our users is important. By using the Website and Services, you must at all times comply with the Privacy Policy, to which you hereby consent.

                                 

8.             Backup

8.1          Answers In Law is not responsible for any data, User Content, or any information lost through the operation of the Website and/or through the enforcement of the Agreement (including, without limitation, content from any e-mail account hosted by Answers In Law) and does not hold any obligation to back-up copies of any contributed User Content or email messages so hosted on the Website.

8.2          It is recommended that you retain a copy of all User Content that you post or distribute to, or through, the Website.

                               

 

9.             Password and Security

 

9.1          You may receive a password and account upon completing the registration process. Each account must be used by the registered member(s) only, and is not to be shared amongst multiple users on the same network. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You are also responsible for preventing any unauthorised use of your account. You agree to (a) immediately notify Answers In Law of any unauthorized use of your password or account or any other breach of security, and (b) log out of your account at the end of each session.

                               

 

10.          Children

 

10.1        The Website or Services are not directed toward children under 18 years of age, nor does Answers In Law knowingly collect any information from children under 18.

10.2        If you are under 18, please do not submit any personally identifiable information to Answers In Law

                               

 

11.          Malaysia Export Controls

 

 11.1       The Website is operated by Answers In Law from its offices in Malaysia.

 11.2       Those who choose to access the Website and/or Services from locations outside Malaysia do so on their own initiative and risk, and are responsible for compliance with applicable local laws according to their jurisdiction.

                 

               

12.          Dispute Resolution and Governing Law

 

12.1        Should you and Answers In Law be unable to resolve any controversy or claim related to this Agreement (each a "Dispute"), you agree that, except for the Disputes expressly excluded in Clause 12.2 below, each Dispute shall be referred to arbitration in Kuala Lumpur, to be held in the English language under the arbitration rules of the Kuala Lumpur Regional Center for Arbitration. The number of arbitrators shall be one to be jointly appointed by Answers In Law and you.

12.2        You and Answers In Law agree that any arbitration shall be limited and restricted to the Dispute between Answers In Law and you individually. To the full extent permitted by law:

                                (1)           no arbitration shall be joined with any other;

(2)          there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and

(3)           there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

12.3        You and Answers-In-Law agree that any Disputes seeking to enforce or protect, or concerning the validity of, any of Answers In Law's intellectual property rights are not subject to the above provisions concerning arbitration.

12.4        The award of the arbitral tribunal shall be final and binding and may be used as a basis for judgment thereon in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement.

12.5        Except as otherwise provided for herein, this Agreement shall be governed by, and will be construed under, the laws of Malaysia, without regard to choice of law principles. Those who choose to access the Website or Services from locations outside of Malaysia do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable.

                                 

 

13.          Miscellaneous

 

13.1        If any one or more provisions (or part thereof) of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision., This will not in any way affect the other provisions of the Agreement, which shall remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.

13.2        Answers In Law’s failure to act with respect to any failure by you or others to comply with the Agreement does not waive Answers In Law’s right to act with respect to subsequent or similar failures. Answers In Law is entitled to exercise its rights under the Agreement, and require strict observance of the same. Failure to exercise or enforce any right granted to it by the Agreement does not constitute a waiver of such right or provision.

13.3        The Agreement sets forth the entire understanding and agreement between you and Answers In Law with respect to the subject matter hereof; provided, however, that it shall be read in conjunction with any user or subscriber agreement(s) entered into by you and/or the methodology stipulated in the Website.

13.4        No claim hereunder shall be deemed to have been made unless notice in writing of such claim has been given to Answers In Law and a demand is made. Where notice has been given of such claim, that claim shall be deemed to have been irrevocably withdrawn and lapsed unless proceedings in respect of that claim have been issued and served on Answers In Law not later than the expiry of the period of six (6) months after the date of that notice.

13.5        Data and information relating to securities or otherwise is provided for informational purposes only, and is not intended for trading purposes.

13.6        Answers In Law reserves the right to automatically assign the Agreement, Privacy Policy, and any other incorporated user agreements, in its sole and absolute discretion, to a third part(ies) in the event of a merger and/or acquisition, by written notice to you.

                               

 

 

 

Please direct any questions you may have about the Agreement or any other legal matters, to the following e-mail address: customerservice@answersinlaw.com