M2G Terms & Conditions
Date of Last Revision: February 23, 2018
These Terms and Conditions derive from the Privacy Policies of the Malaysian-German Chamber of Commerce and Industry (“MGCC”).
By using or accessing the M2G Services, the user (“Client”) agrees with these Terms and Conditions.:
These Website Terms and Conditions written on this webpage shall manage the Client’s use of this Website. These Terms will be applied fully and affect to the Clients use of this Website. By using this Website, the Client agrees to accept all terms and conditions written in here. The Client shall not use this Website if he disagrees with any of those Website Terms and Conditions.
Minors or people below 18 years old are not allowed to use this Website.
2. Intellectual Property Rights
Other than the content the Client owns, under these Terms, MGCC and/or its licensors own all the intellectual property rights and materials contained in this Website.
MGCC grants the Client limited license only for purposes of viewing the material contained on this Website.
4. Service Obligations of the Client and of MGCC
4.1 The Client shall provide MGCC only with true and complete documents, which are necessary and requested by MGCC in order to perform the requested Services in a timely manner.
4.2 The Client hereby represents and warrants that it shall be fully compliant with the applicable laws and regulations in Malaysia.
4.3 MGCC shall advance the application process. For this purpose, MGCC shall submit all documents in due time to the responsible body and update the status of the application on the Website.
5. Fees for the Usage of M2G
MGCC provides the Website M2G without additional fees. By using the Website M2G, the Client agrees to pay the invoice which was submitted by MGCC. MGCC reserves the right to stop the process of the application, if the Client does not pay the invoice within 30 (thirty) days after his Confirmation.
6.1 Terms and Conditions shall remain in effect for as long as the Client uses the Service of MGCC
7. Limitation and Indemnity
7.1 The Parties shall exercise due care and the highest standard of skill in the provision of the Services.
7.2 The Client agrees to indemnify the Chamber from and against losses, claims, deficiencies, expanses, demands, costs, taxes, damages or liabilities of any kind, actual or contingent in relation to activities performed pursuant to the Services, where the Client is in breach of any terms and conditions of this Agreement.
7.3 In entering into this Agreement, both Parties recognise that it is impracticable to make provisions for every contingency that may arise in the due course of the performance thereof. If by any reason of any unforeseen occurrence or development, the operation of this Agreement is likely to cause any inequitable hardship to any of the Parties hereto, the Parties shall negotiate immediately in good faith as to what manner the terms and conditions of this Agreement may be modified, however that no modification or amendment of this Agreement and no waiver of any of the terms and conditions hereof shall be valid unless declared in writing.
8. Confidentiality and Personal Data Protection
8.1 The Chamber agrees to keep strictly confidential any and all information and materials received from the Client (“Confidential Information”), to store these securely and not to disclose or make them available to third parties without the prior consent of the Client. The Confidential Information may be used by the Chamber only for purposes of performance of this Agreement. Use for other purposes shall be prohibited. The confidentiality covenant shall also survive the termination of this Agreement.
8.2 Disclosure to third parties shall be permissible if and to the extent that this is necessary for performance of this Agreement. Disclosure shall also be permissible if and to the extent that this is necessary under mandatory statutory provisions.
8.3 The confidentiality covenant pursuant to this section shall not apply to information and materials that have already entered the public domain or that enter the public domain without any breach of the confidentiality covenant, to information and materials of which the Chamber has already become aware without any breach of the confidentiality covenant, to information and materials that the Chamber has acquired contingent upon the information received or disclosed, or to information and materials that the Client has advised in writing have been approved for disclosure.
8.4 The Services rendered under this Agreement shall be implemented – if applicable – through the Chamber’s online client management system M2G which requires a registration with all necessary personal data (“Personal Data”).
8.5 The Client agrees to share the Personal Data required for the performance of the Services with the Chamber for internal use and allow the data transfer to the relevant authorities only. The data will be kept confidential at all times in compliance with the Personal Data Protection Act 2010 and the European General Data Protection Regulation (GDPR).
9. Applicable Law and Arbitration
9.1 This Agreement is governed by the laws of Malaysia.
9.2 Any dispute, controversy or claim arising out of or relating to this Agreement, of the breach, termination or invalidity thereof shall be settled by arbitration in accordance to the rules for arbitration of the Kuala Lumpur Regional Centre for Arbitration. The place of the arbitration is Kuala Lumpur and the language of the proceedings shall be English.
10. Written Form & Collateral Agreements
There are no additional terms and agreements. Agreements that may have been entered into in the past shall be hereby deemed invalid. Amendments and addendums to this Agreement, including this particular written form clause, require a written form for its effectiveness.
Should any provision of this Agreement be or become invalid in full or in part the validity of the Agreement as a whole shall not be affected. A reasonable rule shall apply to replace the invalid provision, which - insofar as legally possible - shall correspond with what the Parties intended or would have intended according to the sense and purpose of this Agreement, should they had considered the invalidity of the provision.
MGCC is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, the Client is not allowed to assign, transfer, or subcontract any of his rights and/or obligations under these Terms.