Terms & Conditions
Effective date: 1 June 2022
Welcome to www.ibufamily.org (“the Website”). Please take a few minutes to read the below information about the legal terms and conditions (“Terms”) that apply to your use of the KUMPULAN SUMBER KELUARGA-IBU KUALA LUMPUR (IBU-FAMILY RESOURCE GROUP, KUALA LUMPUR) (“IBU”, “us”, “we”, “our”) website.
IBU may change or modify these Terms at any time and you agree to be bound by these Terms as changed or modified. Notice of any changes or modifications will be provided by publishing the revised Terms on the Website only and separate notification will not be given to you individually.
In this agreement unless the context otherwise requires:
i) words importing any gender include every gender;
ii) words importing the singular number include the plural number and vice versa;
iii) words importing persons include firms, companies and corporations and vice versa;
iv) references to numbered clauses, paragraphs and schedules are references to the relevant clause or paragraph in or schedule to this agreement;
v) reference in any schedule to this agreement to numbered paragraphs relate to the numbered paragraphs of that schedule;
vi) any obligation on any Party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
vii) the headings to the clauses and schedules of this agreement are not to affect the interpretation;
viii) any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment; and
ix) the word “including” (and related forms including “includes”) means “including without limitation”.
3. Use of Personal Information
We will only collect personal information such as your name, address, email address, telephone number or fax number for the express purpose for which you provided the data (e.g. to contact your playgroup, to contact you in relation to your playgroup, a workshop, or send out newsletters or other information, etc).
This data is used to provide information and services which are tailored to your requirements and to continually improve the quality of our service to you. Your personal information will only be used by us and our related entities and by business partners who are commissioned by us to fulfill your requests. We will exercise utmost diligence to protect your personal information and will take steps to ensure that our business partners comply with the Personal Data Protection Act 2010 (“PDPA”). Thus, personal information which is collected while you browse the Website will always comply with the PDPA.
4. Use of the Website
You may only use the Website for lawful purposes and will not use it in a way that violates the rights of any third party.
You recognise and agree that the content contained within the Website is only intended for your own personal, non-commercial use and you may only download, print or use content for this purpose.
Unless you have prior consent from IBU, you must not copy, reproduce, modify, distribute, imitate, publish, commercially exploit or link to or deep-link into the Website.
If you're a corporate customer and would like to use any content, photography or logos contained within this site for corporate purposes please email us at firstname.lastname@example.org.
To ensure that you receive the most up to date information you should not rely on all statements or representations made on the Website and should contact IBU as required. No warranty of any kind, implied, express, or statutory, is made by IBU in relation to the accuracy, adequacy, reliability or completeness of the information and materials on the Website and IBU expressly disclaims liability for errors or omissions in such information and materials.
You acknowledge that if you do not register as a member of IBU, your activity in the Website will be limited.
5. Marketing and Communications
IBU uses images, videos, animations and other marketing collateral in its digital and print media. Any intellectual property rights in these materials belongs to IBU and must not be used or reproduced in any way without IBU’s express written consent.
IBU respects the privacy of all its families and clients and will not use any images or video footage unless they have consented to such use.
PROGRAMS BY IBU
You agree that your child/children may not attend any workshop / programme / activities / event / playgroup organised by IBU (hereinafter referred to as “the Programs”) if your child/children suffers from a fever, diarrhoea or any other communicable disease. Your child/children must be clear 24 hours from any vomiting/fever/diarrhoea before attending Programs.
7. Loss and Damage
IBU does not accept any responsibility for personal injury from any cause or any loss or damage incurred to any personal items belonging to a parent, guardian or child when attending the Programs.
You agree that any work, designs, pictures produced by IBU of your child/children whilst attending the Programs or photographs taken can be used in any such publicity material as IBU wishes. This also extends to comments and feedback, whether verbal or written, made by you.
Any payments made to IBU shall, once they are paid, shall not be refundable nor creditable for any reason whatsoever.
10. Right to refuse entry
You agree that there shall be strictly no entry or admission to the Programs without a valid/correct ticket, if required.
11. Duty of Care
The Programs are attended by parents and adult caregivers who have the sole responsibility of supervising, controlling and caring for their children during activities organized by IBU.
No provision of this agreement shall be construed that IBU provides care, supervision, control or authority over the care of children, within the Programs or member activities.
All IBU affiliate organisations and institutions are responsible and liable for their own operations and obligations, including duty of care to children and families.
You must promptly advise IBU in writing of any actions, suits, claims, demands, proceedings, losses, damages, compensation, sums of money, costs, charges and expenses which may be brought or claimed against you or IBU or in respect of which you or IBU may become liable arising out of the promotion, sale, supply or use of the Programs by the you, your employees, contractors, volunteers or agents.
You shall indemnify IBU against any actions, suits, claims, demands, proceedings, losses, damages, compensation, sums of money, costs (including solicitor and client costs), charges and expenses arising out of the promotion, supply or other use of any IBU programs by you, your employees, contractors, volunteers or agents. The defence of any litigation to which this clause applies is to be under your control, your solicitors and counsel, and all legal costs and expenses of any such litigation is borne by you. IBU, its solicitors and counsel may participate in such litigation at the expense of IBU.
Particularly, you shall indemnify IBU against any actions, suits, claims, demands, proceedings, losses, damages, compensation, sums of money, costs (including solicitor and client costs), charges and expenses arising under Malaysian Contract Act 1950.
13. Limit of liability
We and our respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies:
in relation to or in connection with any material or information supplied in respect of advertising on the Website; and
as a consequence of removing any material or information from the Website.
14. No Obligation
No provision under this Terms shall be construed as creating any obligation for IBU to do anything, or perform any action adverse to their interests.
15. Removal of information
In relation to any material or information included on the Website, we may remove any material or information, including but not limited to links to other sites on the Internet, at any time without giving any explanation or justification for removing the material or information.
16. Use of LOGO and Brand Images
Intellectual property rights
All logos, icons, brand names or service names that identify IBU are our copyright property or our trademarks or service marks.
You must not use the IBU logo in any manner that;
Promotes any political message or candidate;
Promotes any message inconsistent with IBU values;
Presented in a manner that suggests endorsement by IBU; and/or,
Suggests that any entity other that the entity registered as a member under this Terms is a member of IBU
All other photos, images, trademarks or service marks on the Website unrelated to IBU are the property of their respective owners. You must obtain written permission before reusing any copyrighted material that is published on the Website, including images. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other property rights or legal protections and could result in criminal or civil penalties
A notice or other communication under the Terms shall be in writing, sent by hand delivery, post or email.
Any notice issued by hand shall be deemed delivered upon delivery.
Any notice issued by post shall be deemed delivered 3 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally.
Any notice issued via email shall be deemed to be delivered upon the email being sent, provided that if an email is sent out of Business Hours, it shall be deemed to be delivered at 9am on the next Business Day.
18. Relevant Jurisdiction
If any part of this Terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
This Terms shall be governed by and interpreted in accordance with the Contracts Act 1950, without giving effect to any principles of conflicts of laws.
You agree to the exclusive jurisdiction of the courts of the Malaysia to determine any dispute arising out of this Terms.
19. Entire Terms
The Terms sets out the entire agreement between the parties and it replaces all previous communications, representations, inducements, undertakings, agreements and arrangements between the parties in respect of its subject matter and the Terms may not be modified by you except by written agreement signed by each party.
20. No waiver
Failure to exercise, or any delay in exercising, any right, power or remedy by a party does not operate as a waiver. A single or partial exercise of any right, power or remedy does not preclude any further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.