- Accepting This Agreement
Your Content Creator Agreement consists of these
terms, the Privacy Policy, the Terms and Conditions,
and the Content Creator Program Guide published on
Channel (collectively, the “Agreement”). This
Agreement is a legally binding contract between you
and MyTutor Tech Sdn Bhd (1402426-U) and its family
or subsidiaries (collectively, “MyTech,” “we,” or
“us”).
By posting your Contributions to the Services, you
agree to this Agreement. If you do not agree with
the terms of this Agreement, then do not post your
Contributions on our Services.
This Agreement applies to our relationship with you
as a content creator who shares Contributions with
our community of end users via the Services. If you
also use the Services to access content that is not
yours, then the MyTech Terms of Service (T&C)
applies when you do so.
- Definitions
“Account” means your MyTech account. This may be the
same account used when you access the Services as an
end user to unlock access to third party premium
content.
“Channel” means a and/or any designated area running
on the MyTech Platform where content creators
develop, maintain and distribute their content. Once
you join the Content Creator Program Guide, you will
be given your own designated Channel assigned to
your Account where you will post your Contributions.
You will also be able to create additional Channels
under your Account. Please view the Content Creator
Program Guide for more information, including
details regarding posting content to “Network
Channels” if applicable.
“Content Creator Program Guide” means the guide for
the Edufy Content Creator Program that contains
operational details about participating in the
Content Creator Program and frequently asked
questions.
“Contribution” means your original content that you
make available via the Services.
“Premium Content” means your Contribution that you
posted to the Services and for which you have
designated you wish to be paid. See further details
for designating Premium Content in the Content
Creator Program Guide.
“Services” means the online services available on the
MyTech Platform.
“Territory” means worldwide except that it is
prohibited by law.
“MyTech Platform” means all of the platforms and
services offered on the MyTech online digital
learning environment, primarily including but not
limited to Edufy.my, and such other platforms and
services as may be offered by MyTech in the future.
“MyTech Credits” is a marketing term used to denote
the level of access a user has paid for in order to
unlock Premium Content on the MyTech Platform.
- Your Account
You will need to create an account with MyTech to
post Contributions to our Services. Your Account is
non-transferable.
Here are a few rules about accounts with MyTech:
- You must provide accurate information about
yourself, including your profile contact
information.
- You must not use false information or
impersonate another person or company through
your Account;
- You may create more than one account for
yourself for use as a content creator, provided
that you otherwise comply with this Agreement.
However, we prefer you use a single account and
create multiple Channel(s) under one account;
-
You must not buy, sell, rent, or lease access to
your Account;
- You must not log in or attempt to access the
Services through unauthorized third-party
applications or client software; and
- You are responsible for your Account. You are
solely responsible for any activity on your
Account. If you are sharing an Account with
other people, then the person whose billing
information is on the Account will ultimately be
responsible for all activity. If you are
registering as a business entity, you personally
guarantee that you have the authority to agree
to this Agreement on behalf of the business.
- Payment Terms
-
General
Note that as of the publication date of this
Agreement, MyTech is only able to pay out funds
to bank accounts in Malaysia. In order to be
paid as a content creator under the Content
Creator Program, you will need to link a local
Malaysian bank account to your Account for any
outside Malaysia’s content creators.
MyTech pays a content creator commission fee(s)
to all eligible content creators based upon the
number of MyTech Credits that were used to
access their Premium Content within a given
period of time.
Content creator shall receive a sales commission
(hereinafter the “Commissions”) on successful
sales of their selected Premium Content. The
Commissions structurization can be found here:
https://www.edufy.my/content-creator-guide
(hereinafter the
“Structurization”) and may be amended by MyTech
from time to time. The Structurization may be
modified at any time by agreement with selected
affiliates in order to incentivize best
practices and reward outstanding results as
provided. Content creator shall receive the
Commissions as per Structurization of the net
revenues arising from content creator’s Premium
Content sales where such Premium Content were
sold or otherwise generated during this
Agreement term. Content creator shall have no
rights or obligations with respect to sales of
Premium Content where the order or contract for
such sales occurred prior after the due
expiration or termination of this Agreement;
provided, however that MyTech shall pay content
creator a Commissions equal to abovesaid of the
net revenues arising from the said sales made
prior for which the orders have been confirmed
and/or written but that must be fulfilled and
invoiced after this Agreement term. Content
creator shall have no liability for Commissions
to the sales force relating to sales of Premium
Content occurring prior to this Agreement term
for which invoices have been issued. Net
revenues shall be comprised of gross revenues,
less any payable(s) to third parties.
MyTech does not receive content creator funds.
In the event MyTech is deemed to be a recipient
of any of your funds as a content creator, you
agree that MyTech would do so as your agent.
If your Account is in good standing and you, as
a content creator have remained in compliance
with this Agreement and MyTech’s policies for
the entire of the period for which payment is
made and through to the date that the payment is
issued, you will receive a payment for the
amount earned on the Services.
MyTech transfers payment to content creators
within ten (10) MyTech business days after the
end of the calendar month following any calendar
month in which the balance reflected equals or
exceeds the applicable payment thresholds
established by MyTech. These payment thresholds
are explained in the Content Creator Program
Guide. If your Account has been suspended or
terminated, or your compliance with MyTech
policies is under investigation, your payment
may be delayed or withheld.
You are responsible for maintaining accurate
contact and payment information within your
Account. This will ensure proper payment.
MyTech may withhold and offset any payments owed
to you against any amounts we may have overpaid
to you in prior periods. If you do not have a
balance in your Account to offset any
overpayment, you are required to refund us
within thirty (30) Gregorian calendar days of
receiving notice from us that we have overpaid
to you. You are responsible for any charges
assessed by your bank or payment provider.
Please see the Content Creator Program Guide for
more details regarding how we process payments
to you, frequently asked questions (FAQ) and/or
any available info on MyTech Platform.
- Payment Calculation
Payments will be calculated by MyTech’s
accounting department. You acknowledge and agree
that you are only entitled to payment for monies
earned for which MyTech has received payment.
If, for any reason, payment is credited back to
a user, you are not entitled to be paid for that
transaction. If a user defaults on payment or a
payment is made fraudulently with stolen credit
cards, debit cards and/or any illegal
transaction modes, we may withhold payment or
charge back your Account. MyTech works
diligently to ensure that these instances are
rare in order to maintain a safe ecosystem for
our end users and content creators. MyTech
reserves the right to withhold payment for any
Premium Content that does not comply with this
Agreement or MyTech’s policies.
- Taxes
You are responsible for taxes and will pay to
MyTech any applicable taxes that you owe solely
from entering into this Agreement and which are
permitted to be collected by MyTech under
applicable law. We will not collect any taxes
covered by a valid exemption certificate that
you provide us. If you are based in a
jurisdiction that collects value added tax
(VAT), Malaysian Sales and Services Tax (SST)
and/or other similar tax, you must provide a tax
identification number or business number as
applicable upon request.
- Suspension and Entitlement to Further
Payment
MyTech may at any time without providing a
notice and/or warning, temporarily suspend
further payments on your Account. MyTech may
suspend payments to your Account due to invalid
activity or your failure to fully comply with
this Agreement or MyTech policies.
If MyTech removes your Contribution from the
Services because of your failure to fully comply
with this Agreement or MyTech’s policies, you
will not be entitled to any further payment from
MyTech for any prior periods for the applicable
Contribution content. You could be subject to a
probationary period for other Contributions on
the Services.
If your Account is suspended or terminated by
MyTech because of a breach of this Agreement or
MyTech’s policies, you:
- will be prohibited from creating a new
MyTech account, and
- may not be permitted to monetize content on
any MyTech Platform.
If you want to dispute any payment made to you
relating to your Contributions on the Services,
you must notify MyTech within thirty (30)
Gregorian calendar days of any such payment,
non-payment by submitting a written appeal. If
you do not appeal within said days, any claim
related to the disputed payment is waived. By
accepting payment from MyTech, you agree that
the payment amount is accurate and not subject
to dispute.
You may terminate or close your Account with
MyTech at any time by completing the Account
cancellation process. Your Account will be
considered terminated within thirty (30)
Gregorian calendar days of receipt of your
notice. If you terminate all Accounts, then this
Agreement will also terminate.
- Terminating Your Account
If you terminate your Account and the balance reflected in your Account equals or exceeds the payment
threshold, MyTech will pay you that balance within approximately thirty (30) MyTech business days after
the end of the calendar month in which you terminated your Account. Any balance reflected in your
Account that is below the payment threshold will be forfeited.
If MyTech terminates your Account and you want to dispute this termination, you must notify MyTech
within thirty (30) Gregorian calendar days of our notice of termination by submitting a written appeal.
If you do not appeal within said days, any claim related to your termination is waived.
If Edufy terminates your Account and you want to dispute this termination, you must notify Edufy within
thirty (30) Gregorian calendar days of our notice of termination by submitting a written appeal. If you
do not appeal within said days, any claim related to your termination is waived.
- Performance Rights
Organizations
MyTech is registered with the primary
performance rights organizations in the
industry. We will collect, report and pay any
performance rights organizations when applicable
for your Contributions.
- Code of Conduct
By agreeing to this Agreement, you are agreeing that
when using the Services, you will follow these rules:
- Don’t do anything illegal.
- Don’t engage in any activity that exploits,
harms and/or threatens to harm end users.
-
Don’t send spam or engage in phishing. Spam is
unwanted or unsolicited bulk email, postings,
contact requests, SMS (text messages), instant
messages or similar electronic communications.
Phishing is sending emails or other electronic
communications to fraudulently or unlawfully
induce recipients to reveal personal or
sensitive information, such as passwords, dates
of birth, national identification card numbers,
passport numbers, credit card information,
financial information, or other sensitive
information, or to gain access to accounts or
records, exfiltration of documents or other
sensitive information, payment and/or financial
benefit.
- Don’t publicly display or use the Services to
share inappropriate content or material but not
limited to nudity, bestiality, pornography,
offensive language, graphic violence or criminal
activity.
- Don’t engage in activity that is fraudulent,
false or misleading but not limited to asking
for money under false pretenses, impersonating
someone else, manipulating the Services to
affect rankings, ratings and/or comments.
- Don’t use or attempt to use another’s account,
username or password without their permission.
- Don’t circumvent any restrictions on access to
or availability of the Services.
- Do not prove, scan or test the vulnerability of
our Services or any MyTech system or network;
- Don’t engage in activity that is harmful to you,
the Services or others but not limited to
transmitting viruses, stalking, posting
terrorist or violent extremist content,
communicating hate speech or advocating violence
against others.
- Don’t infringe upon the rights of others but not
limited to unauthorized sharing of copyrighted
music or other copyrighted material or
photographs.
- Don’t engage in activity that violates the
privacy of others.
- Don’t help others break these rules.
- License Grant to You
- Your License
MyTech grants you a personal, worldwide,
royalty-free, non-assignable, nonexclusive,
revocable, and non-sublicensable license to
access and use the Services for the purpose
of posting and curating your Contributions
on your Channel(s). MyTech reserves all
rights to the Services not expressly granted
by MyTech whether by implication, estoppel
and/or otherwise.
- Updates
Any software such as mobile applications
that we provide may automatically download
and install updates, or other new features.
You may be able to adjust these automatic
downloads through your device’s settings,
but be aware that limiting updates may limit
the functionality and security of our
Services.
- Our Stuff
You must not copy, download, modify,
distribute, sell and/or lease any part of
our Services, nor may you use the Services,
any tools provided by the Services or any
content on the Services for any commercial
purposes outside of the Content Creator
Program without our prior written consent.
You must not reverse engineer or attempt to
extract the source code of our software,
unless applicable laws prohibit these
restrictions or you have our written
permission to do so. We also do not grant
you the right to use our branding, logos,
designs, photographs, videos or any other of
our materials used in the Services.
- Rights
Any use of the Services or any content or
products offered through the Services except
as specifically authorized in these Terms
without the prior written permission of
MyTech is strictly prohibited and may
violate intellectual property rights or
other laws.
MyTech reserves the right, with or without
prior notice in their sole discretion to:
- change content descriptions, images
and/or references;
- limit the availability of any content
even paid content and MyTech live
events;
- honor or refuse to honor any coupon,
coupon code, promotional code and/or
similar promotion;
- ban and/or bar any user from the
services; and/or
- refuse to provide any user with any
specific service or product.
- License Grant to MyTech
- You Continue to Own Your Original
Content
Through the Content Creator Program, you can
create, upload, post, send, receive and
store your Contributions on the Services.
When you do that, you retain whatever
ownership rights in that content you had to
begin with. But you grant us a license to
use those Contributions.
- License to MyTech
For all Services, you grant MyTech a
worldwide, royalty-free, unrestricted and
transferable license to host, store,
transmit, use, display, reproduce, modify
and distribute your Contributions on the
Services or for the purpose of promoting the
Services. This license is for the limited
purpose of operating, providing, improving,
promoting and developing our Services, as
well as helping to develop new Services.
You have the right to remove any or all of
your Contributions from the Services at any
time at your discretion. We commit to our
end users that if they use MyTech Credits to
access your Premium Content, the applicable
Contribution(s) will be available to them
for no less than sixty (60) Gregorian
calendar days from the date they used their
credits to unlock access to the Premium
Content. This means that if you remove your
Contribution from the Service, you will not
receive payment for any Premium Content that
is removed within abovesaid days of a user
attempting to access it with their MyTech
Credits.
- License to Other Users
You further grant us the right to allow all
users of the Services to view and/or access
your Contribution for their personal
non-commercial purposes.
- License Term
The above licenses will continue until you
remove and/or we remove your Contribution
from the Services in which case the licenses
will terminate within a commercially
reasonable period. Kindly view the Content
Creator Program Guide regarding how you can
remove your Contributions from the Services
if applicable.
- Promotion
You agree that MyTech may feature and
otherwise use your name, likeness and
biographical information that you provided
in setting up your profile as a content
creator in MyTech marketing and promotional
materials worldwide for the purposes of:
- promoting your Channel, MyTech, the
Services, and the MyTech Platform
- recruiting “Network Channels” and other
content creators, and
- generating user interest and engagement
both on the MyTech Platform, at MyTech
sponsored and/or any events.
During the term of this Agreement, MyTech has
the rights throughout the Territory to use
and publish, and to permit others to use and
publish your Channel brand, your name,
likeness and biographical information for
advertising and trade purposes in connection
with the MyTech Platform and the Services
including but not limited to in the
promotion, marketing, licensing or other
exploitation of the MyTech Platform, the
Services and the content on the Services.
- Advertising
The Services may contain advertisements. In
consideration for MyTech letting you access
and use the Services, you agree that we, our
affiliates, and/or our third-party partners
may place advertising in the Services.
Therefore, advertising may sometimes appear
with your Contribution.
- Content Restrictions
MyTech will provide oversight of all Channels to
ensure quality controls are in place for all Channel
content including curating content, quantity
controls and subject matter monitoring. You agree to
comply with instructions from MyTech regarding
quality control of your Channel and your
Contributions. You acknowledge and understand that
if you do not comply, MyTech will take down any
Contributions that do not comply with this Agreement
and MyTech policies in our sole discretion.
You are entirely responsible for the content(s) of
and any harm resulting from any of your
communications within the Services and submissions
of Contribution to the Services. When you
communicate with end users or create or make
available your Contributions, you agree that you:
- Will not post Contributions that violate our
Terms and Conditions which are incorporated into
this Agreement by reference.
- Will not post Contributions that contain
advertisements or solicit any person to buy or
sell products or services other than our
products and services;
- Will not use the Services for any commercial
purpose outside of the Content Creator Program
or any unauthorized purpose including collecting
usernames and/or email addresses of other users
by electronic or other means for the purpose of
sending unsolicited email or other electronic
communications, advertising or offering to sell
products or services whether or not for a
profit, soliciting others including
solicitations for contributions or donations, or
engaging in unauthorized framing of, or linking
to the Services without our express written
consent; and
- Will not post Contributions that constitute,
contain, install or attempt to install or
promote spyware, malware or other computer code,
designated to enable you or others to gather
information about or monitor the online or other
activities of another party whether on our
servers or third-party computers or other
equipment.
Please use our reporting features to flag
inappropriate content and/or reach us directly at
https://tawk.to/chat/621e889c1ffac05b1d7c7961/1ft4dokko
and/or applicable our contacts info within your
concerns.
- Our Management of the Services
- Service Availability
The Services and content or products offered
through the Services may be unavailable from
time to time, may be offered for a limited time
and/or may vary depending on your region or
device.
We strive to keep the Services up and running;
however, all online services suffer occasional
disruptions and outages, and MyTech is not
liable for any disruption or loss you may suffer
as a result. In the event of an outage, you may
not be able to retrieve your Contributions. We
recommend that you regularly backup your
Contributions on your own devices.
- Our Service Management
We may but are not required to:
- monitor or review the Services and any
content posted within the Services for
violations of this Agreement and for
compliance with MyTech policies;
- report to law enforcement authorities and/or
take legal action against anyone who
violates this Agreement;
- refuse, restrict access to or the
availability of, or remove or disable to the
extent technologically feasible without
prior notice any Contribution or any portion
thereof that in our sole discretion may
violate this Agreement, applicable law,
MyTech policies, or are excessive in size or
burdensome to our systems or upon receipt of
court order to do so;
- manage these Services in a manner designed
to protect the intellectual property rights
of MyTech, our content creators, and our
third-party providers and to facilitate the
proper functioning of the Services.
- Risk of Harm
Please note that there are risks including but
not limited to the risk of physical harm, of
dealing with strangers including persons who may
be acting under false pretenses or providing
false information. Please choose carefully the
information you post on the Services and that
you give to other Services users. You assume all
risks associated with dealing with other users
with whom you come in contact through the
Services. We expect that you will use caution
and common sense when using the Services.
- Contributions are Uploaded at Your Own
Risk
MyTech uses reasonable security measures in order
to attempt to protect Contributions against
unauthorized copying and distribution. However,
MyTech does not guarantee that any unauthorized
copying, use and/or distribution of
Contributions by third parties will not take
place. To the furthest extent permitted by
applicable law, you hereby agree that MyTech
shall not be liable for any unauthorized
copying, use or distribution of Contributions by
third parties, and release forever waive any
claims you may have against MyTech for any such
unauthorized copying or usage of the
Contributions under any theory. The security
measures to protect Contributions used by MyTech
for the Services under this Agreement are
provided and used “As-Is” and with no
warranties, guarantees, conditions, assurances,
and/or other terms such security measures will
withstand attempts to evade security mechanisms
or that there will be no cracks, disablements
and/or other circumvention of such security
measures.
- Unaffiliated Third-Party Services and
Applications
We may provide connections via application
programming interfaces to some third-party
services which will be governed by their own
terms. If you access any of these connected
services, your use of those third-party services
shall be governed by their terms.
- Content Creator Program Guide
MyTech may implement updates and changes to its
Content Creator Program Guide at any time. We will
provide advance notice of these changes to our
content creators either via email notice, by notice
issued via your Account or any applicable section(s)
on MyTech Platform. You are responsible for checking
your Account, the Content Creator Program Guide and
said platform periodically for updates and changes.
Updates and changes to the Content Creator Program
Guide, Terms and Conditions (T&C) and/or Policies
are binding as of the effective dates provided in
our notice and/or unless otherwise noted the changes
will not apply retroactively.
- Term and Termination
- Term
This Agreement starts on the earlier of:
- the date that MyTech sends you an email
notifying you that your proposal to join the
Content Creator Program has been accepted
and/or
- the date that you first post a Contribution
to the Services.
This Agreement ends when either party elects to
terminate it as per specified clauses in this
Agreement respectively.
- Termination for Cause
In addition to any other rights and remedies
available under this Agreement or applicable
law, all of which are expressly reserved by the
parties, either party may terminate this
Agreement for cause for material breach of this
Agreement by the other party.
Either party may trigger termination under this
section by providing written notice of the same
to the other party. Termination will be
effective thirty (30) Gregorian calendar days
after receipt of the notice unless:
- The breach is not curable in which case this
Agreement terminates within seven (7)
Gregorian calendar days of receipt of
written notice of termination;
- The breach is cured within that abovesaid
thirty (30) day cure period; and/or
- Both parties mutually agree to extend the
cure period.
- Suspension Pending Cure
If a party provides written notice of termination
for cause under Section 10(b), the Parties will
continue their full performance and not withhold
or delay any deliverables until the breach is
cured or the cure period ends and this Agreement
is terminated. Notwithstanding the foregoing, if
MyTech is terminated based on your breach
related to posted Contributions, we reserve the
right to temporarily remove the applicable
Contributions and/or refuse to post new
Contributions until the end of the cure period.
- Termination for Convenience
You may terminate this Agreement for convenience
at your discretion by either:
- terminating your Account or
- giving us sixty (60) MyTech business days
written notice that this method allows you
to continue to use your Account as an end
user.
MyTech may terminate this Agreement for
convenience at our discretion by giving you
sixty (60) MyTech business days’ written notice.
- Survival
Sections 2, 3, 4, 7, 11, 12, 13, 14, 15 and 16 of
this Agreement will remain in effect even after
your access to the Services is terminated or you
terminate your Account.
- Disclaimer of Warranties
- Due Authorization
Each party represents and warrants that it is
free to enter into and perform its obligations
under this Agreement and neither party is nor
will they be under any disability, restriction
or prohibition, contractual or otherwise with
respect to;
- their right to execute this Agreement,
- their right to grant all of the rights
granted under this Agreement, and
- their ability to perform all of their
obligations under this Agreement
- Use Authorization
You represent and warrant that to the extent you
provide Contributions for use by MyTech pursuant
to this Agreement, neither your Contributions,
nor MyTech’s use, reproduction and exploitation
of such Contributions will violate any law or
infringe upon any common law or statutory rights
of any third party including without limitation
for contractual rights, copyrights, trademarks
and rights of privacy or publicity.
Without limiting the generality of the foregoing
and subject to the terms of this Agreement, you
specifically represent and warrant that you will
not post any Contributions that you have
previously licensed to a third-party on an
exclusive basis.
During the term of this Agreement, you agree that
you will not enter into any agreement with a
third-party that would in any way impair or
interfere with the rights granted MyTech under
this Agreement.
- “As is” Basis.
MyTech provides the Services on an “as is” and
“as available” basis. You therefore use the
Services at your own risk. MyTech expressly
disclaims any and all warranties of any kind
whether express or implied, including but not
limited to the implied warranties of
merchantability, fitness for a particular
purpose, non-infringement and any other warranty
that might arise under any law. Without limiting
the foregoing MyTech makes no representations or
warranties:
- That the Services will be permitted in your
jurisdiction;
- That the Services will be uninterrupted or
error-free;
- Concerning any content submitted by any
user;
- Concerning any user communications;
- Concerning any third-party’s use of
Contributions that you submit;
- That any Contribution you submit will be
made available on the Services or will be
stored by MyTech and/or associates;
- That the Services will meet your business or
professional needs;
- That MyTech will continue to support any
feature of the Services; or
- Concerning third-party sites and resources
outside of the Services even if linked to
from the Services.
MyTech accepts no responsibility and assumes no
liability for any content that you, another
user, or a third party creates, uploads, posts,
sends, receives, or stores on or through our
Services. You understand and agree that you may
be exposed to content that might be offensive,
illegal, misleading or otherwise inappropriate
that none of which MyTech will be responsible
for.
- Limitation of Liability
MyTech is not liable for any special, consequential,
indirect, incidental, punitive, reliance or
exemplary damages whether in tort, contract or any
other legal theory arising out of or in any way
connected with this Agreement or your use of or
attempt to use our Services. The said including but
not limited to damages for loss of profits, goodwill
or data. This limitation on liability shall not be
affected even if we have been advised of the
possibility of such damages. Some government states
or their agencies do not allow for the exclusion of
implied warranties or the limitation or exclusion of
liability for incidental or consequential damages,
so the above exclusions may not apply to you. You
may have other rights that vary from state to state
and agencies.
You agree to release us, our affiliates, our
respective directors, shareholders, officers,
employees, agents and third-party service providers
from any claims, demands and damages that is direct
and consequential of every kind and nature, known
and unknown, disclosed or undisclosed arising out of
or in any way connected to your use of the Services.
- Indemnification
You agree to indemnify, defend and hold harmless
MyTech and our affiliates, directors, shareholders,
officers, employees and agents from any claims
including attorney’s fees related to:
- all third-party actions that:
- arise from your activities on the Services;
- assert a violation by you of the terms of
this Agreement; or
- assert that any Contribution you submitted
to the Services violates any law or
infringes any third-party right including
any intellectual property or privacy right;
and
- your use of the Services and any use
attributable to your Account.
- General Provisions
- Governing Law
This Agreement is governed by the laws of
Malaysia without regard to its conflict of
international laws rules.
- Forum
Any action arising out of or relating to this
Agreement or your use of the Services must be
commenced in the state or federal courts located
in Malaysia preferably Seremban, Negeri
Sembilan. Both you and MyTech consent to
jurisdiction over such courts.
- Arbitration
You and MyTech agree that any dispute or claim
arising from or relating to this Agreement shall
be finally settled by arbitration, using the
Bahasa Melayu while English as referral
language, administered by the Asian
International Arbitration Centre (AIAC),
Bangunan Sulaiman, Jalan Sultan Hishamuddin,
50000 Kuala Lumpur Malaysia under its
Arbitration Rules are deemed to be incorporated
by reference into this section. Our arbitration
will be handled by a sole arbitrator in
accordance with those rules. Judgment on the
arbitration award may be entered in any
Malaysian court that has jurisdiction. Any
arbitration under this Agreement will take place
on an individual basis, class arbitrations and
class actions are not permitted. You understand
that by agreeing to this Agreement, you and
MyTech are each waiving the right to trial by
jury or to participate in a class action.
Notwithstanding the foregoing, each party shall
have the right to bring an action in a court of
proper jurisdiction for injunctive or other
equitable or conservatory relief pending a final
decision by the arbitrator. You agree that you
will assume the entirety of costs of any claim
you submit for arbitration that is found to be
frivolous by the arbitrator or determined to be
“no fault” of MyTech.
- Waiver and Remedies
Headings are for convenience only and shall not
be used to construe this Agreement. No failure
or delay by MyTech in exercising any right
hereunder will waive any further exercise of
that right. MyTech’s rights and remedies
hereunder are cumulative and not exclusive. You
agree to not hold MyTech or its employees,
officers, directors, shareholders and agents
liable for any damages resulting from usage of
the Services, content uploaded, deleted, lost,
posted or other actions from the Services.
- Severability
If any provision of this Agreement is held
invalid or unenforceable, that provision will be
modified to the extent necessary to render it
enforceable without losing its intent. If no
such modification is possible, that provision
will be severed from the rest of this Agreement.
- No Partnership
This Agreement does not create an agency,
partnership, joint venture, employment or
franchisee relationship between you and MyTech.
- Successors; Assignment; Third Party
Beneficiaries
This Agreement is binding upon both parties and
their respective successors, heirs, executors,
administrators, personal representatives and
permitted assigns. You may not assign this
Agreement without MyTech’s prior written
consent. No third-party beneficiary rights are
created under this Agreement.
- Notice
Any notice desired or required to be given by
either party to the other shall be in writing
and shall be delivered by hand, WhatsApp or sent
by certified or registered mail, postage
prepaid, return receipt requested, or sent by
air express or any other similar type of
first-class overnight courier service that
provides proof of delivery, or by e-mail
provided that any notice of termination must be
sent by a means that provides proof of delivery.
You may send notices of a legal nature to MyTech
at [email protected] or the following contact
info:
MyTutor Tech Sdn Bhd (1402426-U), Unit B8-4,
Blok B, No. 9 Jalan Haruan 5,
Pusat Komersial Oakland 2, 70300 Seremban,
Negeri Sembilan MY
Attention: HR Manager
Whatsapp: +6011-51131183
Email: [email protected]
MyTech will send notices to you at the postal
address, mobile number and/or email address you
provided in the profile of your Account.
- Amendment
This Agreement can be changed only by an
amendment signed by both parties as stated
per Section 16 below.
- Publicity
Neither party will issue any press release or
public announcement regarding this Agreement
without the other party’s written consent.
The parties agree to cooperate in order to
draft an appropriate press release and any
other public announcements relating to the
subject matter of this Agreement and the
relationship between the parties. The
parties will not unreasonably withhold or
delay their consent to press releases or
public announcements.
- Entire Agreement
This is the entire agreement between you and
MyTech for sharing your Contributions via
the Services. It supersedes any prior
agreements between you and MyTech regarding
sharing your Contributions via the Services.
All parts of this Agreement apply to the
maximum extent permitted by relevant laws.
- Electronic Signature
This Agreement may be executed and/or amended via
electronic transmission with the same effect as
if executed on a document and as if the
signature was an original. Your acceptance but
not limited to MyTech updated term(s),
condition(s) and/or policy(s) in/on the MyTech
Services should be read together in this
Agreement as your acknowledgement of the said
statement.
