Welcome to “ZD” platform.
ZD Portal For Educational Consultant in Malaysia offers the website of (www.zdportal.com) as an educational electronic platform, where the platform gathers service providers and learners for the purposes of benefiting from the content that is provided online and/or face to face by service providers via the platform. The platform services are carried out in accordance with the following terms and conditions:
Section 1: Definitions
In this agreement unless otherwise required by the context, the following terms shall have the meanings referred to.
“Platform”, “ZD” “We”, “Us” or “Our” shall refer to the website www.zdportal.com, the Blog (blog.zdportal.com) and ZD Portal For Educational Consultant in the State of Malaysia.
“User”, “You” or “Your” refers to the person who visits or uses the platform or requests distance service content through the platform.
“Service provider” refers to every specialized person provides the service content to service requesters through the platform, whether this person is a service provider, consultant, or trainer.
“Learner” refers to every person who requests to benefit from the service content provided by service providers through the platform, in accordance with the mechanisms of displaying and requesting the service through the platform.
“Service content” refers to the educational or training content, or consultations that service providers provide to learners through the platform, which must be subject to the terms and conditions of this agreement.
“Service/Services” refers to the service/services available via the platform, this includes the benefit from all services referred to in "Section 2" and other services available currently or in the future via the platform, whether paid or free.
“Content” refers to texts, images, videos, service content, graphics, symbols, letters, and numbers posted via the platform pages.
“Laws” refers to regulations applicable in the State of Malaysia.
Section 2: Our Services
1. ZD platform provides distance and face-to-face education services through the platform, which are direct online educational services that rely on the use of communication technologies via the platform to communicate between the service provider and the learner. The platform also allows a service provider to provide his services to the learner face to face after specifying a certain time and place for a meeting.
2. The learner can subscribe to Z Share program, in services that are provided online or face-to-face, and this program is based on the subscription of more than one learner in a group to benefit from the services of the service provider, while specifying time and place, which are less costly for the learner than to get the services on his own.
3. The platform allows a service provider to provide "home classroom" services , which is a service that allows a service provider to allocate a classroom at his home in which he receives children and learners to provide services to them.
4. The platform allows multiple payment methods in accordance with payment policy adopted by us, which is suitable for all users of the platform in national and global currency.
5. The platform provides the feature of following up the service providers, discussing with them and placing special assessment on every service that benefits the learner via the platform.
Section 3: Legal Limits for Our Services
1. The platform plays a role of a mediator between the service provider and the learner, the service content provides by the service providers only, and the platform does not interfere in any role in providing the service, so the service content are provided on the personal responsibility of the service providers.
2. The learner benefits from the service content at his request, so he can access to the video or introductory content of every service he wishes to benefit from and check by himself without providing any guarantees on the part of the platform and therefore the learner receives the content at his personal responsibility.
3. The platform's role is limited to providing ZD's services technically and our role is limited at that. Also the platform regulates the provision of services and offers them technically to be available 24-hour to service providers and learners.
4. The platform is legally responsible for its work only, and is not responsible for the work of others. Therefore the platform does not bear any legal liability arising from any personal or professional errors caused by any users of the platform, whether they were service providers, learners or any other users of the platform.
Section 4: Legal Nature of Agreement
1. This agreement is considered as a valid contract that has complete conditions and statutory pillars. Also the contract is valid and legally considering, its terms and obligations are binding on all users of the platform. Moreover he platform is considered to be the first party in this contractual relationship, the user is considered to be the second party in this contractual relationship, and no party may be derogation from its obligations under the terms of this agreement.
2. This agreement contains all contractual items governing the legal relationship between all parties, and therefore any other provisions are not stipulated in this agreement will not be attached to it, and will not have legal consequences. Any contracts signed between the platform and any party as well as all agreements made via platform services such as messages, chat, pages of services, requests and other matters complementary to this agreement are excepted.
3. An electronic contract arises from requesting services between the service provider on the one hand and the learner on the other and this contract is considered a "contract of providing a service" under which the service provider shall be bound to provide whole service to the learner, and this agreement works to implement this digital contract concluded between the service provider and the learner.
4. The pages of the services which include an illustrative description of the service as well as any written or electronic contracts drafted between the platform on the one hand and any other person regarding the services of the platform are considered to be part of this agreement and are subject to its provisions.
Section 5: Providing The Platform
1. The platform always attempts to make available its electronic services in the ideal way and uses in this regard all the tools, equipment, devices, programs and the means of protection necessary for making available the services in addition to taking all the necessary legal procedures.
2. The platform does not guarantee that its services are available at all times for any reason which beyond its control, nor does it guarantee that it works well on all mobile devices. Also, for the devices on which the platform works, there might be a delay or breakdowns due to a breakdown in the internet. Consequently, you exempt us from liability therefore.
3. The user must secure the method of communication that he uses to connect to the platform, to use the necessary means of protection and use of anti-malware software, and the platform will not be responsible in any way in case the user suffers any damage resulted from his access to the platform.
Section 6: Consent and Capacity
You declare that you have the legal capacity necessary for concluding and accepting this agreement and that you have the full unrestricted legal authorities according to the following conditions:
1. It shall be stipulated for whoever uses “ZD” platform to have the legal capacity for concluding the contracts and not to have any of the impediments of capacity and we shall not be responsible for verifying the capacity of any of the users of the platform.
2. The user must be legally qualified to enter into this Agreement with us and he must be 18 years and older at the time of using our platform. If you are under 18, you may use the “ZD” platform Services only with involvement of a parent or guardian. Without prejudice to any other rights and remedies of “ZD” platform under this User Agreement or at law, “ZD” platform reserves the right to limit or withdraw access to the application or the membership of any person if “ZD” platform believes that person is under the age of 18 years.
3. With your use of the services of “ZD” you agree on this agreement and you declare are that you are legally bound by the terms and conditions stipulated therein.
4. You declares that under this agreement you will not rely on any promises, guarantees or emphasis by or on behalf of “ZD” platform except what is provided for in this agreement.
Section 7: Digital Signature
Any of the following cases shall be deemed to be a digital signature of this agreement:
1. Through your registration to get an account via the platform or via clicking for accepting the conditions of the service upon claiming so via the platform, you shall be considered to have implemented this agreement and the other conditions of the service online and it shall be legally enforceable for you from the date of registering your account or from the date of clicking for accepting the conditions of the service.
2. Your use of these services shall be deemed to be an express consent by you to the terms and conditions provided for in this document and all the other policies and you shall be legally bound by them from the date of this use.
Section 8: Membership Registering
1. The user must choose a name convenient for him through the platform, and the user undertakes not to use any fake or misleading names.
2. The user must provide us with membership registration data, which may include but not limited to (full name, username, email, activation code), the user undertakes to activate his account on the platform, and the platform reserves its right to cancel accounts that have not been confirmed or inactive for a long period of time.
3. Once the user registers on “ZD” platform, he is fully responsible for his account on the platform. Also the user represents only himself, and he does not have the right to register on behalf of anyone else without obtaining our consent.
4. During registration or at any time, the platform may require the submission of documents verifying the identity of the user, but this step does not provide a firm guarantee that each user is the same person he claims to be.
5. The data is provided via the platform at the user's personal responsibility and therefore he bears any legal responsibility in case this data is incorrect, inaccurate, outdated, that of other persons, false or not identical for any reason.
6. The registration of "ZD's" platform may require the signing of a written or electronic contract with us, so we may not be able to make your account available on the platform at any time until after the signing of the written or electronic contract which the platform offers.
7. The user undertakes that he is responsible for maintaining the confidentiality of the information in his account such as the user name and password and that he is responsible for any disclosure to third parties in relation to this information. Also, he is responsible for any use done by any person to whom he disclosed this confidential information.
8. It is prohibited to share your account with anyone else or to give your email or password to anyone else to provide the content from his device, and the platform has the ability to disclose that technically and in this case it has the right to block your account without sending a notification for you.
9. The user undertakes to report immediately in case of penetrating the account or its theft as well as discovering any illegal use of this account in the platform in order for us to be able to take the technical actions necessary for maintaining the account.
10. You may not use another person’s account at any time without having an express consent from “ZD” platform.
Section 10: Services Provision Policy
1. The subscription to the services shall require the registration of your account in the platform and the details of the account shall include (e-mail, user name, password, password confirmation).
3. The cost of the service received by the learner is calculated by time, so he can book an hour or more with the service provider, whether the education is online or face-to-face.
4. The platform provides an content or introduction video of the services that the learner can access to it before subscribing to the services.
5. The services are provided either online through the platform or face-to-face, and the learner must clearly determine the type of service he wishes.
6. Online Service: The learner shall prepare the computer or the smart phone whether for Android and IOS systems, in addition to the subscription to the internet with an appropriate speed to be able to have access and benefit from the services to which he has subscribed.
7. Face-to-face service: The learner must clearly define the type of service, as well as agree on the place and time specified for providing the service, and in the event of benefiting from home classroom service, the service is provided in the place specified by the service provider.
8. The learner must be ready to receive the services that is offered when you subscribing to it. The learner shall prepare himself for benefiting from the services to which he has subscribed and for benefiting from the content provided and the platform shall not be liable in case the learner has not benefited from the services for any reason.
9. The content of the services is provided at the service provider's responsibility and he is the one who is legally responsible for the accuracy, honesty and objectivity of the services content. Also he guarantees that the content of the services is consistent with scientific and practical developments in the field of service presentation.
10. The service provider guarantees that the content of the services does not violate any intellectual property right including copyright, trademark rights, any personal or commercial rights, or any privacy right of others.
11. The platform does not offer any guarantees that the service content will meet all learner expectations or that he will derive maximum benefit from it and all of this was due to the learner's readiness and ability to benefit from the service content provided.
12. The services are provided in accordance with their advertised content via the platform, and through the service providers registered on the platform and the services are provided on the service providers' responsibility. In case the service content don’t satisfy all the expectations of the learner, the platform shall not incur any legal liability and the learner shall incur all the consequences in case he doesn’t apply the content of the services in a good way or in case he applies it in a wrong way as well as his non-application in part or in whole. The learner can record his assessment and inform "ZD" platform team through the communication method advertised via the platform.
13. The platform shall not be responsible for the content of the services and in case any party has intellectual property rights over the content of the services, the platform can cooperate with the competent bodies to seize the services and data and/or erase it.
14. The learner shall be bound not to post the content of the services via the Internet, not to copy or trade it, or to cause the loss of any financial rights to the service providers or the platform on these service content.
15. The learner shall be bound to follow all instructions issued to him by the service provider and not to do any acts that would expose him or expose any of the participants in the services to harm.
16. The service provider shall be bound to follow all safety and health procedures, and not to expose the learners to any health or physical risks and to provision the services in an appropriate environment.
17. The service provider is obliged that the content he provides to be ethically and undertakes that all his acts to be ethical, and bears full legal responsibility in the event of any unethical acts or the provision of any unethical content to the learner.
Section 10: Service provider's Conditions
1. It shall be stipulated for the service provider that he has the scientific qualifications necessary for the field in which the services is provided via the platform and also he has got the necessary work permits and the platform shall be entitled to ask for the documents from the service provider and which prove that.
2. The data of the scientific qualifications and the licenses of exercising the profession shall be provided to the platform under the liability of the service provider and who shall incur all the legal liability in case of their invalidity, inaccuracy, unlawfulness or expiry.
3. The registration by the service provider with us shall be based on the personal consideration. Consequently, he shall not be entitled to assign the account to third parties.
4. The platform check the data which the service provider provided via the platform to register his account to approve them, and the platform has the right to block the membership of the service provider if it is discovered that he is a mediator, does not have experience or has done any prohibited act in accordance with the provisions of this agreement.
5. The service provider shall be prohibited from registering with us in more than one account and in case we discover this, we shall be fully entitled to suspend or to terminate their account in the platform.
6. The service provider shall be deemed to be the first and last person responsible for the account connected with his mobile phone and the service provider shall be liable for any illicit or unauthorized use that is done via his account in the platform.
7. The service provider shall be bound to determine the prices of services provided by him taking into consideration that the service provider isn’t bound by a maximum limit of the prices of services.
8. The service provider shall be bound to provide services according to the same specification publicized via the platform and according to the needs of the learner without any intervention by us in relation to the provision of services to the learner and the service provider shall undertake to provide the services to the learner in a scientific way that matches with the global standards and the information are updated and correct and they shall not include any mistakes or abolished parts.
9. The service provider shall be bound to make available the effort and time in case of his consent to providing a certain service to the learner or to fixing an appointment with the learner and he shall perform the service at the specified time and for the appropriate sum to money.
10. The service provider shall undertake to exert the due diligence while doing his work with the learner and to carry out this work professionally and precisely. Also, he shall be bound to follow the most recent educational means while providing the services to the to the learner and the service content shall be provided to the learner in an endearing way and to make sure of the full understanding be the learner of the information.
11. The service provider shall undertake to care for the learner pedagogically while providing the services as well as observing the public morals, not uttering indecent words or using non-pedagogical terms and also he shall be bound to maintain the confidentiality of the information of learner.
12. The service provider knows and agrees that we might follow up the communication process between him and the learner and monitor the services process or the sent messages and we shall be entitled to dismiss the service provider in case of the repetition of the complaints against him after investigating them.
13. The service provider shall be not bound to trade information or communication data outside the platform and the service provider shall be bound not to communicate with the learner or to carry out services outside the framework applied within the platform. In case of the breach by him of this obligation, the platform shall be entitled to permanently or temporarily suspend his use of the platform as well as reserving all our other legal rights.
14. The service provider acknowledges not to claim the payment of any amounts more than those agreed upon within the platform from the learner.
15. The service provider shall be bound by the well treatment of the learner and by not doing wrong to us.
16. The service provider acknowledges that he isn’t our employee and we aren’t an employer and we don’t have a supervisory or monitoring authority over him and he works under his personal liability without any of our contractual or legal liability.
Section 11: Learner's Conditions
1. The learner must be legally qualified to submit the purchase order of the services through the platform.
2. The learner shall be solely liable for the account connected with his mobile phone and he shall be liable for any illegal use not permitted that is done via his account in the platform.
3. The learner knows and acknowledges that the services he receives via the platform are done by service provider without any intervention by the platform “ZD”.
4. The learner selects the service provider suitable to him from the service providers guide available in the platform and the learner shall be deemed to be liable for his choice without any intervention by us and the learner knows that the prices of services might differ from one service provider to another.
5. The learner shall receive the educational courses via the platform from the service providers registered with us and he has to ascertain these courses and their extent of matching with the courses he wishes to study.
6. The platform shall not ensure that the services are satisfying all the expectations of the learner. Also, the platform shall not ensure that the learner will understand the information he receives from the service providers and this is all due to the capability by the learner of understanding and periodically revising the information.
7. The learner shall undertake to pay the prices of services he receives via the platform through us only and the learner knows and agrees that any amounts paid in other than the methods determined by the platform shall not be deemed to be paid.
8. The platform shall be entitled to communicate with the learner to measure how much he is satisfied in relation to the services he has received from the service provider via the platform or the complaints and we shall be entitled to dismiss the learner in case the complaints by the service providers in view of this learner are repeated.
9. The platform shall not be legally liable for any consequences that might result due to the application by the learner of the advice or information given by the service provider and the learner solely shall incur the consequence of selecting the service provider and relying on the answer and information.
10. The learner shall be not bound to trade information or communication data outside the platform and the learner shall be bound not to communicate with the service provider or give orders to him outside the framework applied within the platform. In case of the breach by him of this obligation, the platform shall be entitled to permanently or temporarily suspend his use of the platform as well as reserving all our other legal rights.
11. The learner shall be bound to treat the service provider in a good way.
12. The learner shall be bound that his review of the service provided by the service provider doesn’t involve any insult or bad names and that the criticism or evaluation is within the limits legally permitted.
13. The learner knows and declares that we aren’t an employer and don’t have a monitoring or supervisory authority over the service providers and that they are completely independent in their work.
14. The learner must follow all the provisions that are stipulated in this agreement and he must comply with the applicable laws.
15. The learner submits the purchase order of the services at his own responsibility without the platform provide any additional guarantees or pledges except these stipulated in this document.
16. The learner exempts ZD platform from any liability arising from the provision of services to it, including any personal conducts occurs during the service provision.
17. The learner is obliged to order and use the services for legal purposes, and he is responsible in case that he makes any illegal use of the services which he orders to purchase through the platform.
18. The platform has the right to block the membership of our learner if we found out at any time that the learner has violated any of the terms and conditions stipulated in this document or that the learner has made fake purchase orders or abused us in any way.
Section 12: Booking Policy
1. The learner can get into the platform and choose the appropriate service provider for him and access to the data of the services and overview about it and all its contents before deciding to enroll.
2. The learner knows and agrees that the booking of services is final, so the learner must choose properly according to his specific needs.
3. The learner pays for the booking through the platform in accordance with the payment policy adopted by us, and the payment date is the date of subscription at the services or experiment.
4. The platform does not accept the return of any of the amounts paid for booking services, and the booking is final. Since the learner benefits directly from the educational service once he subscribe at the service.
Section 13: Payment Policy
1. The learner is allowed to pay for subscribing at services or in Malaysian Ringgit or US dollar depending on what is appropriate for the learner.
2. The price of services shall be paid through the payment methods approved by us (electronic payment methods).
3. The platform doesn’t agree to incur the consequence of any mistake related to the payment process done by the learner. Also, it doesn’t incur the consequence any hacking act or deception connected with credit cards or the bank accounts of the user.
4. The learner shall incur all the banking fees connected with the transfer of funds to the platform via the payment methods approved by us.
5. The amounts paid by the learner to the platform shall be final and may not be modified either in increase or decrease and they may not be recovered except with the consent of the platform.
7. Services are provided to service providers for free for three months from the date of registration on the platform, after that the platform deducts 20% of the value of the hour, course or service he provides, and the platform transfers receivables to the service provider within 15 days of date of the provision of the service.
8. The platform services are provided to the learner for free and he does not bear any fees or commissions for the services that he benefit from through the platform.
9. “ZD” platform shall reserve the right to modify the policies of fees and payment at anytime it considers appropriate.
Section 14: Recovery of Money
1. If the service provider does not oblige to provide the agreed service with the learner within the specified time or delays in the implementation of the service without acceptable justifications , the platform will return the money to the learner within 15 days of the date of cancellation in the same method of payment used. The service provider will bear all fees related to the process of money transfer if he is the person who causes the cancellation (a minimum of 5% of the service value).
2. In the event of a dispute between the service provider and the learner, the parties must attempt to resolve the dispute amicably first, in the event of not reaching a solution , one of the parties can submit a complaint to the administration of the platform, and the platform will issue its decision after communicating with the parties, all correspondence and content available by the parties through the platform will be utilized, the platform has the right to issue a decision (acceptance of the service and transfer of the amount to the service provider, the learner's recovery of a portion of the amount, the learner's recovery all amount) and in all cases the learner has the right to review the service and add his opinion about the service provider.
Section 15: Terms and Conditions of Content
1. The user declares that he is fully entitled to publish the content via the platform and this content doesn’t violate any of the rights of the third parties.
2. The users shall bear all the legal liability in case they violate any personal property rights or intellectual property rights over any content published by them via the platform.
3. The service providers that publish advertisements via the platform shall be obliged to be precise and credible in relation to the display of their advertisements and undertake to get away from false, misleading or illegal advertisements.
4. The platform shall incur no liability in view of the publication of the content and we shall not be liable for the violation by the user of any of the rights of third parties and it shall be the user’s liability only.
5. The platform shall incur no liability in view of the misuse of the content and it shall be the user’s liability who misuses the content and in this case the user shall be deemed to be liable to us for his use of the content contained in the platform.
6. The users shall entitle us to display and exchange the content published by them via the platform.
7. The platform at any time shall be entitled to delete the content published by the users via the platform in case we see that this content violates the intellectual property rights, trade marks, the rights of privacy, trade rights or other intellectual property rights of third parties.
8. We shall be entitled at any time to put the name “ZD” on the content provided by you via the platform.
9. The service provider and learner are obliged not to discuss any religious, political matters or related to public figures, rulers of a State , princes, ministers, officials in general, whom under their governance, states, communities, nations, tribes or cultures and any discussion is limited to the services required to be implemented only.
Section 16: Copyrights
1. "ZD" platform, including an application, website and ideas expressed within it are exclusive intellectual property rights for us and are subject to national and international legal protection.
2. Any imitation or quotation of the platform or some of its services (including ideas, texts, codes and software) is considered a violation of our copyright. Also this constitute an attack to our rights contained in national and international laws.
3. All the contents included or available within the “ZD” services such as (texts, logos, pictures, graphs, voice, recordings, icon buttons, digital contents, materials that are uploaded, software, collection of data, service content) shall be the property of the platform and shall be protected by the State of Malaysia laws and the international copyrights laws.
4. In case of violation of our intellectual property rights including the provisions aforesaid, we shall take all the legal measures against whoever committed the violations.
Section 17: Trademarks
1. “ZD” and logos connected with it shall be our trademarks and/or our services marks.
2. Pictures, logos, headers of pages, icon buttons, texts and services names shall be trademarks and commercial designs of “ZD”.
3. Reproduction of trademarks or commercial designs of “ZD” in any media or advertising means shall be prohibited without a written permission from us.
4. Trademarks and commercial designs of “ZD” may not be used for contacting any product or service that doesn’t belong to us.
Section 18: Granted Licenses
1. The platform grants you a limited and non-exclusive license for using “ZD” platform. You shall be prohibited from assigning the license in the interests of third parties or sub authorizing third parties without the consent of the platform.
2. We grant you the license within the limits of the non-commercial use of our services. Consequently, you shall be prohibited from the commercial use of the platform or any of its services without our consent.
3. The license to use the platform or to benefit from our services in the scope of this agreement does not include reselling or any commercial use of any of our services or its contents. This license doesn’t involve any copy of the information available about the account in the favour of third parties or the use of means of getting data as well as any use of the tools of collecting and eliciting the similar data.
4. You may not reproduce or make typical copy of this platform, copy, sell, resell any part of it or use it in a different way for purposes of commercial or non-commercial exploitation of it without having an express written consent by “ZD”.
5. You may not use any descriptive marks or any other text which exploits the name “ZD” or its trademark without an express written consent by the platform.
6. You aren’t licensed in any of the forms to publish any link of platforms or another platforms via the platform or through any features available within the platform.
7. You may use our services in the form only legally permitted and according to the conditions of the agreement. You may not misuse our services in any of the forms.
8. The licenses granted by us shall terminate in case you don’t comply with these conditions of use or any conditions of another service.
9. All rights not expressly granted to you to these conditions of or any conditions of another service shall be reserved by “ZD”.
Section 19: Reviews Policy
1. The comments by the user must be true and don’t cause any wrong to any party or person. It is prohibited during the comments to expose names, persons, institutions, companies, symbols or to defame or do wrong to them in any way. Also, it is prohibited to use religious slogans or phrases contempting cultures or peoples or conflicting the applicable law.
2. Comments shall not contain any offense to the service providers, learners, platform staff, its administration or services. Also it is prohibited to post any confidential information related to services, service content, service providers, learners or the platform.
3. In all cases, “ZD” shall not incur any liability in view of the truth of comments and their legality and we shall not incur any liability for illegal comments for which those who wrote them shall be liable.
4. “ZD” platform shall reserve the full right to review and delete any illegal comments and to suspend or cancel the membership of the person doing wrong. The non-removal of the illegal comments shall not mean to a participation or a consent to the publication. Our right to review the comments must not be understood to be a legal obligation lying on us and you have to report to us in case of the existence of illegal comments to take the suitable action for them.
5. The platform shall reserve its rights to refuse to publish any comments at anytime in case they conflict with the preceding provisions.
6. In all cases, we shall reserve the full right to resort to judiciary and to get all the appropriate compensations in case the comments result in damages to “ZD” platform while reserving by the prejudiced person and the society of his right to the criminal punishments.
Section 20: Acceptable Use Policy (AUP)
1. The platform is available in all parts of the world and you declare and agree that you are bound by all the terms and conditions provided for in this agreement regardless of the state to which you belong or through which you enter into the site or on whose territory the services of the site are received.
2. The user shall use or apply for our services in a legal way via the platform and shall follow all the instructions available in relation to the use or applying for the services. In case you breach these instructions, we might block your access to the platform.
3. Some of our services are free and the other ones are paid for. Thus, you shall be bound to pay for the services that are paid for and requested by you via the platform in accordance with our payment policy.
4. You shall be prohibited from using the platform or any content published or available via this platform in a way that contradicts our objectives, laws in force or the provisions of this agreement.
5. The user undertakes to precisely enter the information required to be entered in the platform and he shall be responsible for regularly reviewing this information for the purpose of correcting, modifying or renewing it as long as you have new information regarding this and you are required to keep all the data and documents proving that.
6. In case you have provided incorrect, imprecise, non-synchronized, or incomplete information or in case we have reasonable reasons to suspect that this information is incorrect, imprecise, non-synchronized, in complete or inconsistent with this agreement of use and without prejudice to any other rights under this agreement or the law, we will suspend or cancel your membership.
7. You agree not to use “ZD” or any service provided via it in an illegal, deceitful or antisocial way as we determine.
8. You agree not to send any messages characterized by being racial or containing cursing and defamation or bad names, porn pictures or those characterized in general by being decadent.
9. You declare that you will notify us in case of the existence of any publications, materials or transactions that seem to violate this agreement. In all cases, The user shall be bound to notify us in case he discovers any illegal use of the platform, any of the services, sale orders or credit cards.
10. The user shall be bound not to defame the platform and in case he has any problem connected with the platform, he has to contact the administration via e-mail or via the announced means of communication.
Section 21: Third Parties
The use of “ZD” might be coupled with making available services or content of other bodies that aren’t under our control. Consequently, you declare that other conditions, provisions and policies of privacy apply to your use of the services and content of the bodies not belonging to us.
Section 22: Legal Liability
1. You expressly agree that you use "ZD" platform at your own responsibility and undertake to use the platform for legitimate and regular purposes in accordance with the nature of our services, our terms, conditions and regulations applicable.
2. In case of the breach by the user of any of the conditions or provisions of this agreement, “ZD” shall be entitled to take an administrative action only within the platform. This action might be the suspension of membership for a time period or a permanent ban on the user in breach. He shall not be entitled in this case to register in the platform once more except with an express consent of “ZD”.
3. In case you violated this agreement, “ZD” shall reserve its right to recover any amounts due to us from you as well as any losses or damages caused by you. And the platform shall be entitled to take the legal procedures or to resort to competent courts to file civil or criminal actions against you.
4. You shall be bound to compensate for any losses or damages caused to the platform as a result of any illegal use or not permitted by us.
5. You agree to compensate “ZD” and to acquit its liability as well as defending it against all the actions and claims brought or claimed by third parties as a result of your use of platform or due to the violation of these conditions and terms or the breach of the rights of the other users.
6. “ZD” platform doesn’t ensure to take actions against all the violations of this agreement. Not taking legal procedures in relation to any of the cases of violation shall not mean a waiver of our right to take these procedures at any time we consider appropriate.
7. You shall be bound by all the laws and regulations in force within the State of Malaysia and shall incur all the liability arising from your breach of the laws and regulations also you shall be bound by all the terms and conditions provided for in this agreement.
Section 23: Disclaimer of Liability
1. We provide our services “as they are available” without any promises or guarantees of any kind whether express or implied through the use of this platform, it’s content or services provided by it.
2. The service provider is fully responsible for any damages to the learner during the provision of service content to him, the service provider bears the full legal responsibility and is committed to all the compensation arising from that without any civil, criminal, subsidiary or joint responsibility on the platform.
3. The learner releases the platform's responsibility for any damages to him or any necessary compensations as a result of benefiting from the service content provided by the service providers and the legal responsibility is limited to the service provider, without any civil, criminal, subsidiary or joint responsibility on the platform.
4. You declare that “ZD” is an internet – based service and in spite of exerting our best to keep information safe, we can’t guarantee that information received or transmitted by the user while using the platform is safe at all times.
5. We are doing our best to make available our services. Nevertheless, you shall exempt us from any legal or contractual liability in case we are unable to make available the services of the platform at anytime of for any reason.
6. You shall declare that you accept all the conditions of the exemption from liability or limiting it provided for in this section in addition to your acceptance of the conditions of exemption from liability or limiting it provided for herein.
7. We shall not ensure the validity of the content received by the user via the platform after its provision and its validity shall be limited to the time of its provision only and consequently the platform shall not ensure the modernity or precision of the content after it is provided to the user via the platform.
8. The platform includes a content transmitted from electronic or non-electronic other sources. Consequently, this content shall be devoted for media and guiding purposes only and we shall not incur any legal liability in relation to relying on it on the part of the user who has to ascertain it himself.
9. The platform releases its legal responsibility for any financial, moral, physical or any damages to any of the platform users , whether during providing services to them or at any time, and the Platform does not bear any responsibility arising from the acts of others.
10. “ZD” shall not be legally liable for losses or damages whatsoever that might arise from using this platform including but limited to the direct and indirect damages.
11. The platform shall not be liable in all cases for any direct, indirect or dependent losses, loss of profits or damage to the fame whatsoever as a result of disclosing your user name and/or password.
12. “ZD” doesn’t provide any guarantees that this platform, its servers or the messages are free from viruses or other harmful components.
13. We might at anytime modify, suspend or interrupt the “ZD” services without sending a notification to you thereof. Also, we might suspend your use of our services in case you violate these conditions and terms or in case you have misused these services from our point of view.
14. “ZD”, its officials and employees shall not be legally liable to you or to another party for any direct or indirect loss or any other cost that might arise from, in connection with the performance of this agreement or the provisions of our services.
15. The user has to protect “ZD” and its employees, defend them and compensate them for any losses resulting from any action or claim connected with the platform or from an act or negligence by the user, his representative or agents.
16. Without prejudice to its other rights, “ZD” shall be entitled to suspend or cancel your membership or your access to the platform at any time without notice and for any reason and to cancel this agreement.
Section 24: Telecommunications
1. You agree on getting telecommunications from us and we will communicate with you via e-mail, mobile phone number or through the other services of “ZD”.
2. You agree that all agreement, notices, disclosures and other telecommunications done by us online satisfy all the legal conditions as if they were written with all their legal effects.
3. “ZD” platform requires your consent during the registration process to sending messages on your e-mail, mobile phone or via the platform for promotion purposes to inform you of any changes, advantages or new activities added to your platform.
4. In case you decide at any time that you don’t want to receive promotion messages, you can deactivate the receiving of these messages through correspondence with us. But in this case we don’t ensure that you will enjoy our services fully.
Section 25: Notices
1. Any notices you like to send to “ZD” must be sent through the features specified within the platform. Any notices sent outside the platform shall not be considered.
2. Any notices “ZD” likes to send to you shall be either by publicizing them via the platform or sending them to you via the mobile phone number or e-mail you provided us with during the registration process. You are supposed to have known of the notice as soon as the notice is publicized via the platform or with the lapse of 24 hours from the time at which the message was sent to you.
Section 26: Taxes and Fees
1. The learner shall be liable for paying all the taxes levied on him as a buyer including the value added tax in the State of Malaysia.
2. The users of the platform shall be bound to pay any additional charges or taxes levied in any other country from which the user access to the platform.
3. The user shall be bound to pay the fees of telecommunications companies for the purpose of getting the data connected with the access to the internet to be able to access the services of the platform.
Section 27: Modifications
1. The user shall be bound with the changes and modifications done by the platform in relation to the applied policies and he has to accept any modifications considered by “ZD” to be necessary. We may at anytime conduct modifications or improvements we consider appropriate and necessary for increasing the efficiency of the platform. The user shall be bound with any directions or instructions provided by the platform to him in this regard.
2. We may amend or update these terms and conditions of the agreement in relation to the use of the platform without notifying you thereof. Thus, you have to have access to this agreement regularly and we will review “Last Updated” above this policy.
3. We may add any additional terms or policy to this agreement from time to time. You agree to be bound by all the additional conditions and terms that will be made available to you in connection with the use of any of the services available via the platform. These additional conditions and terms are attached to this agreement.
Section 28: Assignment of Rights and Obligations
1. “ZD” shall be entitled to transfer all the rights mentioned in this agreement to third parties without any objection by the user. All shall be bound to perform all their obligations mentioned in this agreement to the assignee immediately they are notified of the assignment. The assignee shall be entitled to take all the legal procedures against whoever doesn’t perform his obligations under this agreement.
2. You may not assign your obligations and rights under this agreement or authorize a third party to manage your account in the platform except after getting a written consent from us.
Section 29: Cancellation of The Agreement
1. The agreement shall be deemed to have been automatically rescinded without the need of excuses or taking judicial procedures in case your breach of any paragraph or term of the terms of this agreement above mentioned is proved while reserving all our rights to claim compensation for the damages resulting therefrom, assigning or subleasing the account without our consent, the non-performance by you of any obligations provided for this agreement without taking serious actions to eliminate this breach while reserving our rights to claim compensations if necessary, inability to document any information you provided us with, in case we decide at anytime that your activities resulted in legal disputes to you or to other users, the cease of the activity of the platform or the cease of the activity of the official of platform management.
2. In case of an dissolution of the agreement for any of the users of the platform, in this case he is prohibited from using the platform in any way. Also all transactions or activities carried out by the user through the platform will remain effective in accordance with this agreement before its dissolution.
Section 30: Applicable Law and Competent Courts
1. This agreement shall be governed by the laws in force within the State of Malaysia.
2. Judiciary within the State of Malaysia shall have jurisdiction over any dispute that might arise from the interpretation or performance of this agreement.
3. In case any of the provisions of this agreement becomes illegal or unenforceable, the legality and enforceability of the other provisions will not be affected.
Section 31: Language
1. English text of this agreement shall be the certified text in relation to interpretation and apply of its terms and conditions.
2. In case of conflict between the English text and the translated text of this agreement, the English text shall prevail.