Terms and Conditions
Please read these Terms and Conditions carefully. These are the general Terms and Conditions governing your access and use of the MERDEKA AWARD web site (hereafter referred to as "Site"). If you do not agree with these Terms and Conditions, you should not proceed any further on the Site or with any registration. By continuing to use the Site and/or any of the services shown on the Site, you agree to be bound by these Terms and Conditions.
means the access information that we require from you before entering certain parts of the Site for which you have registered, which may be a username, password, your mobile phone number or other or similar recognition device, or other personal information.
means all data, information, material and content, including but not limited to text, pictures, photographs, software, video, music, sound and graphics.
means the services offered on or via the Site, which may include but not limited to discussion group or bulletin board services or email, search engines and e-commerce facilitators, online games, and contests.
has the meaning given to it in Clause 2.1.
"Terms and Conditions"
means the contract between the Merdeka Award Trust and you incorporating these terms and conditions.
means the word or marks belonging to the Merdeka Award, including stylised representations, all associated logos and symbols, and combinations of the foregoing with another word or mark.
means Merdeka Award Trust and may also be referred to as "we" or "us" in these Terms and Conditions; whose registered office is at Level 70, Tower 1, PetronasTwinTowers, Kuala Lumpur City Centre, 50088 Kuala Lumpur, Malaysia.
means the person/user of the Site that enters into these Terms and Conditions (and "your" shall be construed accordingly).
1.1. If you have a general enquiry about the Merdeka Award, you can contact the Merdeka Award Secretariat at 603-23311440.
2. Use of content
2.1. The services that we are providing to you via the Site consist of the Content and the Functionalities available on the Site or otherwise provided to you as a result of your use of the Site ("the Services").
2.2. You acknowledge and agree that you are only permitted to use the Site and the Services as expressly set out in these Terms and Conditions or on the Site.
2.3. You agree that the Site and the Services are for your own personal use only on a single computer or device.
2.4 You may not
• copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, perform, publish, transfer or otherwise make available any of the Services or any information learned by you whilst using the Services or accessing the Site
• remove, change or obscure in any way anything on the Site and/or the Services or otherwise use any material obtained whilst using the Site and/or the Services except as set out in these Terms and Conditions
• reverse engineer or decompile (whether in whole or in part) any software used in the Site and/or the Services (except to the extent expressly permitted by applicable law)
• copy or use any material from the Site and/or the Services for any commercial purpose, remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Site or obtained as a result of the Services.
2.5. Any use of caching, http accelerators such as or similar technology is permitted; however, you have the responsibility of ensuring you are viewing the most recent version of the web-page or content.
2.6. You may establish a link or "deep link" to the Site from your site, provided that the context is relevant and the link or its description is not detrimental to the Merdeka Award and that you have obtained prior written consent from the Merdeka Award Trust. Approval is subject to the Merdeka Award Trust's sole discretion.
2.7. Users will acknowledge that access to the Site and/or the Services may be restricted at the sole discretion of the Merdeka Award Trust.
3. Your obligations
3.1. You warrant that you will only use the Site and the Services in accordance with these Terms and Conditions and in an appropriate and lawful manner and by way of example and not as a limitation, that you shall not (and shall not authorise or permit any other party to):
3.1.1. receive, access or transmit any Content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;
3.1.2. circumvent user authentication or security of any host, network or account (referred to as "cracking" or "hacking") nor interfere with service to any user, host or network (referred to as "denial of service attacks") nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading the Merdeka Award legitimate web pages (referred to as "page-jacking") or use the Site or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability and the Merdeka Award Trust will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;
3.1.3. use the Site and/or the Services to advertise or offer to sell any goods or services for any commercial purpose without the Merdeka Award Trust written consent;
3.1.4. knowingly or recklessly transmit any electronic Content (including viruses) through the Site and/or the Services which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by the Merdeka Award Trust or other Internet users;
3.1.5. hack into, make excessive traffic demands, deliver or forward chain letters, "junk mail" or "spam" of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Sites and/or the Services or any other web site, or which is otherwise likely to damage or destroy the Merdeka Award Trust's reputation or the reputation of any third party.
3.2. You acknowledge that chat, discussion group or bulletin board services and similar services offered by the Merdeka Award Trust are public communications and your communications may be available to others and consequently you should be cautious when disclosing personal or sensitive information or any information which may identify you. The Merdeka Award Trust is not responsible for, and does not control or endorse any Content of any Public Communication Services.
3.3. If any information provided by you is untrue, inaccurate, not current or incomplete, the Merdeka Award Trust has the right to terminate your account and refuse any and all current or future use of the Services or access to the Site.
4. Access information
4.1. Following registration you may be issued with Access Information that may be used to access the Site and/or the Services and any pages for which registration is required. The Merdeka Award Trust reserves the right to change your Access Information at any time at its sole discretion and shall notify you of this change as soon as reasonably practicable.
4.2. Your account is to be used by a single user only and you will not allow simultaneous access using the same Access Information. You acknowledge that you are responsible for ensuring that no unauthorised access to the Site and the Services is obtained using your Access Information and that you are liable for all such activities conducted through your account whether authorised or not. When choosing Access Information, you must not use words that are obscene, abusive or likely to cause offence.
4.3. You as the registered user of the account will:
4.3.1. keep your Access Information secure and not let it become public knowledge and ensure that your Access Information will not be stored anywhere on a computer or your mobile phone in plain text;
4.3.2. provide true, accurate, current and complete information in all fields indicated as compulsory when registering on the Site and/or the Services and notify us immediately of any changes or mistakes;
4.3.3. if your Access Information becomes known to any other unauthorised user you must inform the Merdeka Award Secretariat immediately.
4.4. Once you have 'signed-in' to any secure areas of the Site, where you are requested to provide your Access Information, you must not at any time leave the Internet terminal or device from which you have accessed the Site and the Services or let anyone else use the Internet terminal or device until you have logged out of the secure area of the Site and the Services. You will be responsible for ensuring that you have logged out of the secure area at the end of any session.
4.5. You must not access the Site and the Services from any computer connected to a local area network (LAN) or any public Internet access device or access point without first making sure that no-one else will be able to observe or copy your access or get access to the Site and the Services pretending to be you.
4.6. You agree to check all information pertaining to you carefully and inform us immediately of any discrepancy.
5. Your information
6. Proprietory rights
6.1. All Trade Marks used on the Site and/or the Services are the trade marks of the Merdeka Award Trust. You shall only make fair use of the Trade Marks and will not use the Trade Marks, whether design or word marks:
• as or as part of your own trade marks;
• in a manner which is likely to cause confusion;
• to identify products to which they do not relate;
• to imply endorsement or otherwise of products or services to which they do not relate; or
• in any manner which does or may cause damage to the reputation of the Merdeka Award Trust or the Trade Marks.
6.2. You acknowledge and agree that the Site and its Services or any part thereof, whether presented to you by the Merdeka Award Trust, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved.
6.3. You are only allowed to use the Site and the Services as set out in these Terms and Conditions and nothing on the Site and/or the Services shall be construed as conferring any licence or other transfer of rights to you of any intellectual property or other proprietory rights of the Merdeka Award Trust or any third party, whether by estoppels, implication or otherwise.
7.1 The Merdeka Award Trust reserves the right to charge for access to part or the entire Site in the future, subject to giving you clear notice when entering any part to which charges apply.
7.2. You will need to provide all equipment necessary to access the Site and the Services on the Internet and be liable for payment for your local telephone call charges at the rates published by the telephone operator with whom you make your local calls or any other Internet access charges to which you may be subject. If your equipment does not support relevant technology including but not limited to encryption you may not be able to use certain Services or access certain information on the Site.
8. Liability for content
8.1. It is your sole responsibility to use the Site and the Services in any way that they are suitable for your purposes. The Services are periodically updated and you should check the Site and the Services regularly to ensure that you have the latest information. You should also refresh your browser each time you visit the Site to ensure that you have the most up to date version of the Site.
8.2. The Site and the Services are provided on an "as is" basis. Although every effort has been made to provide accurate information on these pages, neither the Merdeka Award Trust, nor any of its employees, nor any member of its associated groups, their suppliers and communication agencies, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Services, information, materials, and contents or any part thereof contained on the Site or in the Services.
8.3. You acknowledge that the Merdeka Award Trust is unable to exercise control over the security or subject matter of Content passing over the network, the Site or via the Services and the Merdeka Award Trust hereby excludes all liability of any kind for the transmission or reception of infringing Content of whatever nature.
9. Liability for third party content
9.1. The Site contains links to web sites, web pages, and services which may or may not be operated by the Merdeka Award Trust and you agree that your use of each web site, web page and service is also subject to the terms and conditions, if any, contained within each website or webpage or attached to any services. These Terms and Conditions shall be deemed to be incorporated into each set of terms and conditions. In the event that there is any conflict, the terms and conditions contained within the relevant website or webpage or attached to the relevant services shall prevail over these Terms and Conditions.
9.2. The Merdeka Award Trust assumes no responsibility for and does not endorse unless expressly stated, Content created or published by third parties that is included in the Site or which may be linked to and from the Site.
9.3. The Site and/or the Services may be used by you to link into other websites, resources and/or networks worldwide. The Merdeka Award Trust accepts no responsibility for the Content, services or otherwise in respect of these and you shall agree to conform to the acceptable use policies of such websites, resources and/or networks.
9.4. Subject to Clause 13, you agree that the Merdeka Award Trust does not generally and is not required to monitor or edit the use to which you or others use the Site and the Services or the nature of the Content and the Merdeka Award Trust is excluded from all liability of any kind arising from the use of the Services, and in particular but without limitation to the foregoing, the nature of any Content. Notwithstanding the foregoing, the Merdeka Award Trust reserves the right to edit, bar or remove any Services and/or Content, at any time as the Merdeka Award Trust in its sole discretion believes to be necessary in order to prevent any breach of these Terms and Conditions or any breach of applicable laws or regulations.
10. Exclusion of liability
10.1. Nothing in these Terms and Conditions shall act to limit or exclude the Merdeka Award Trust's liability for death or personal injury resulting from negligence, fraud or any other liability, which may not by applicable law be limited or excluded.
10.2. The Merdeka Award Trust shall use its reasonable endeavours to ensure the maintenance and availability of the Site, Services, and Content but availability may be affected by your equipment, other communications networks, too many people trying to use the network or the Internet at the same time or other causes of interference and may fail or require maintenance without notice.
10.3. Neither the Merdeka Award Trust nor any member of its associated member and/or partners shall be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the performance of or use of Services and Content available on the Site and in particular, but without limitation to the foregoing, CELCOM specifically excludes all liability whatsoever in respect of any loss arising as a result of:
10.3.1. use which you make of the Site or reliance on Services or Content, or any loss resulting from delays, non-deliveries, missed deliveries, or service interruptions; and
10.3.2. defects that may exist or for any costs, loss of profits, loss of your Content or consequential losses arising from your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the Site and the Services at any time.
10.4. All conditions or warranties which may be implied or incorporated into these Terms and Conditions by law or otherwise are hereby expressly excluded to the extent permitted by law.
10.5. Your only remedy under these Terms and Conditions is to discontinue using the Site.
10.6. The Merdeka Award Trust makes every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party network over which we have no control. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to your mobile phone and the information stored on your mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge.
11.1. The Merdeka Award Trust reserves the right to modify the Site and/or the Services/Content or suspend or terminate the Site and/or the Services or access to part or all of them at any time.
11.2. The Merdeka Award Trust reserves the right to revise these Terms and Conditions at any time. Such variations shall become effective two weeks after being posted on the website. By continuing to use this website you will be deemed to have accepted the varied Terms and Conditions.
12.1. You hereby agree to fully indemnify and to hold The Merdeka Award Trust harmless from and against any claim brought by a third party resulting from the use of the Site in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by The Merdeka Award Trust in consequence of such use of the Site, Services or provision of Content or your breach or non-observance of any of these Terms and Conditions.
12.2. You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against The Merdeka Award Trust arising from the above claims and shall provide The Merdeka Award Trust with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.
13.1. The Merdeka Award Trust may elect to suspend, vary or terminate the Site immediately and without prior notice at any time for repair or maintenance work or in order to upgrade or update the Site for any other reason whatsoever.
13.2. The Merdeka Award Trust may elect to terminate your access to the Site forthwith on breach of any of these Terms and Conditions by you, including, without limitation, or if The Merdeka Award Trust ceases to activate the Site for any reason whatsoever.
14.1. Governing Law and Jurisdiction - These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia and you hereby submit to the non-exclusive jurisdiction of the Malaysian courts.
14.2. Severability - These Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.
14.3. Waiver - The Merdeka Award Trust's failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Merdeka Award Trust in writing.
14.4. Representations - You acknowledge and agree that in entering into these Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms and Conditions or not) other than as expressly set out in these Terms and Conditions as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.
14.5. Assignment - You in entering into these Terms and Conditions undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms and Conditions or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by The Merdeka Award Trust forthwith. The Merdeka Award Trust may assign these Terms and Conditions in whole or in part to any third party at its discretion.
14.6. Rights of Third Parties - Except in the case of any permitted assignment of this Agreement under Clause 14.5, a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any Clause of this Agreement.
14.7. Force Majeure - The Merdeka Award Trust shall not be liable in respect of any breach of these Terms and Conditions due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom The Merdeka Award Trust is not responsible.