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Terms of Use

TERMS OF USE


Welcome to indie@USM website, a website owned and operated by Centre for Development of Academic Excellence (CDAE@USM).

These Terms of Use constitute a legally binding agreement, and govern the use of this website, between you (herein the “User” or “Users”) and indie@USM (herein referred to as “we”, “us”, or “our”). The terms and conditions stated below, along with the policies and guidelines located in the website (collectively herein the “Terms of Use”) identify what a User of indie@USM can expect from us and/or persons who provide products to indie@USM, and what indie@USM in turn expects from Users.

The terms and conditions for using this website include the purchase of e-Publications displayed on the website, your use of related applications to indie@USM, and the function for you to read your purchased e-Publications.

By visiting our website, creating an account, making a purchase, downloading e-Publications, reading e-Publications, posting a review, or creating a profile, you agree that you have read, understood, and agree to be bound by the Terms of Use. If you do not agree to the Terms of Use and to follow all applicable laws, you should leave indie@USM website.


About You 

You must be of legal age and at least 18 years of age to use this website, and to form binding contract with indie@USM in the country in which you upload your order for e-Publications. Individuals under the age of 18 (“Minor”) are not permitted to use indie@USM website without the supervision of a parent or legal guardian.  

Additionally, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our website. Should we learn that someone under the age of 13 has provided any personal information on our website, we will remove that information as soon as possible. 

By using this website and agreeing to these terms and conditions, you hereby warrant and represent that you are at least 18 years of age. 

This website uses cookies. By using this website and agreeing to these terms and conditions, you hereby consent to indie@USM use of cookies in accordance with the terms of our Privacy Policy. 

 

License to Use the Website 

Unless otherwise stated, indie@USM and/or its licensors own the intellectual property rights in the website and materials on the website. Subject to the license below, all stated intellectual property rights are reserved. 

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:
                 - republish materials from this website (including republication on another website);

                  - sell, rent, or sub-license materials from this website;

                  - show any materials from the website in public;

                  - reproduce, duplicate, copy, or otherwise exploit materials on this website for a commercial purpose. 

 

Acceptable Use 

You must not attempt any illegal activities on this website or with the contents purchased or subscribed from it. You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. 

You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software. 

You must not conduct any systematic or automated data collection activities including, without limitation, scraping, data mining, data extraction, and data harvesting on, or in relation to, this website without express written consent. 

You must not use this website to transmit or send unsolicited commercial communications. 

You must not use this website for any purposes related to marketing without an express written consent from indie@USM. 

 

User Content 

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. 

You grant to indie@USM a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, and distribute your user content in any existing or future media. 

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or indie@USM or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. 

indie@USM reserves the right to edit or remove any material submitted to this website, or stored on our server, or hosted or published upon this website. 

Notwithstanding indie@USM’s rights under these terms and conditions in relation to User content, we exercise limited monitoring of the submission of such content to, or the publication of such content on, this website. We will, however, remover any content that is not in accordance with our Content Policy. 

 

No Warranties 

This website is provided “as is” without any representations or warranties, express or implied. indie@USM makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, indie@USM does not warrant that:

                    - this website will be constantly available, or available at all; or

                    - the information on this website is complete, true, accurate, or non-misleading.

                    - Nothing on this website constitutes, or is meant to constitute, advice of any kind. 

 

Limitations of Liability 

indie@USM will not be liable to you (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website. 

To the extent permitted by applicable laws, and except as expressly stated in this Terms of Use, you expressly understand and agree that neither indie@USM, nor its affiliates or licensors, nor any of its officers, employees, agents, or contractors are liable to you in relation to your orders and use of e-Publications, and other uses of services in this website for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages including, but not limited to:

                - for any indirect, special or consequential loss; or

                - for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships,

                   loss of reputation   or goodwill, or loss or corruption of information or data.

                - These limitations of liability apply even if indie@USM has been expressly advised of the potential loss. 

 

Order and Purchase of e-Publications 

You must first submit an order for the content in indie@USM through the described method via payment gateway before acquiring an e-Publication. 

indie@USM will prcess the order. Once the payment is cleared, the e-Publication will be deposited into your personal library panel. 

Occasionally, technical problems may delay or prevent your acquisition of e-Publication. In the case when you are not able to receive or otherwise open the e-Publication within a reasonable time, your sole remedy in relation to that e-Publication is to get in touch with indie@USM administration at indie@usm.my. 

indie@USM reserves the right to change, suspend, remove, or disable access to any e-Publication or in the library panel at any time without notice, and to the extent permitted by applicable laws, without liability to you or any third party. 

indie@USM will use the details provided by you to send you a receipt for the e-Publication and provide you with technical support, whenever required, by email. 

 

Your Use of e-Publications 

You may only:

                   - read the e-Publication acquired from our website through the reading function provided in the website only. 

                   - you must not make any e-Publication acquired from indie@USM available over a network where it could be used by

                      multiple devices or multiple computers at the same time.

                   - use the e-Publication for personal and non-commercial use only. You must not, except to the extent permitted by applicable laws,

                      resell, redistribute, transfer, assign, sub-license, modify, adapt, or create derivative works of, any of the e-Publication you acquired. 

 

Prices 

indie@USM may change the prices of any e-Publication at any time without prior notice. The price of the e-Publication shall be the price stated in indie@USM at the time with which you make its offer purchase to indie@USM. The price of the e-Publication is bounded by local laws including goods and services taxes, and other applicable taxes or payment gateway charges. If the applicable rate of these taxes change before you purchase an e-Publication, the new tax rate in effect at the time of purchase will apply. 

All purchases of e-Publication and digital content from indie@USM are non-refundable and non-exchangeable. 

 

Ownership 

You acknowledge that you do not own any copyright for the e-Publication, or any other intellectual or other property in or related to the e-Publication. You have the right to acquire and use the e-Publication on a non-exclusive basis according to this Terms of Use, or any other policies, stated in this website.  

You agree that any other use of the e-Publication and other materials that does not comply with our Terms of Use, or any other policies, stated in this website, may constitute a copyright, or other intellectual property, infringement. 

You must inform indie@USM of any unauthorised use of an e-Publication, and/or of any other infringement of indie@USM’s or any other person’s intellectual property in relation to an e-Publication that you became aware of, as soon as practicable. 

indie@USM is authorised to license you the e-Publication under this Terms of Use by the publishers of titles or content aggregators as agent of distribution for the publishers or content aggregators. 

 

Security and Copyright 

 You acknowledge that the e-Publication may contains digital rights management information, technological protection, and other security measures. Except to the extent permitted by law, you shall not, and shall not encourage or assist anyone else to, violate any security components of, or related to, the e-Publication, whether by reverse-engineering, decompiling, disassembling, circumventing, modifying, interfering with, removing, or altering, this information or these measures, or in any other way. 

You must not remove or cancel from view any copyright, trademark, or other proprietary notice, mark, or legend appearing in any e-Publication. 

 

Privacy 

You may be required to provide your personal information to indie@USM for you to register an account, make an order and/or purchase, and use our services. indie@USM is committed to protect your privacy. All data with regards to your accounts and payment details are kept confidential by indie@USM. 

You agree that indie@USM may collect and use technical data and related information including, but not limited to, technical information about your device, system and application softwares, and peripherals, that is gathered periodically to facilitate the provision of e-Publication to you and related services. indie@USM may use this information, as long as it is in a form that does not personally identify you, to improve our services to you. Additionally, we may, whenever required by the law and without liability to you, disclose any information about you to authorities as we believe reasonably necessary or appropriate to enforce or verify compliance with this Terms of Use. 

Please read carefully our Privacy Policy. 

 

Your Consent 

By using this website, you hereby agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not find them as reasonable, you must not use this website. 

 

Unenforceable Provisions 

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable laws, it will not affect the enforceability of other provisions of this website disclaimer. 

 

Indemnity 

You hereby indemnify indie@USM, and undertake to keep indie@USM indemnify against any losses, damages, costs, liabilities, and expenses (including, without limitation, legal expenses and any amount paid by indie@USM to a third party in settlement of a claim or dispute on the advice of our legal advisors) incurred or suffered by indie@USM arising out of any breach by you of any provision of these Terms of Use (or arising out of any claim that you have breached any provision of these Terms of Use). 

 

Variation 

indie@USM may revise these Terms of Use from time to time without any prior notice to you. Revised Terms of Use will apply to the use of this website from the date of publication of the revised Terms of Use on this website. Please check the page regularly to ensure that you are familiar with the current version. 

 

Law and Jurisdiction 

These Terms of Use will be governed and construed in accordance with the laws of Malaysia, and any dispute relating to these Terms of Use will be subjected to the exclusive jurisdiction of the courts of Malaysia. 

 

Termination of Terms of Use 

indie@USM may, at our discretion, terminate this Terms of Use and all licenses granted under it, or stop, or limit access to indie@USM’s services if you fail, or we suspect that you have failed, to comply with any of your obligations under this Terms of Use, or if indie@USM is required to do so by applicable laws. In that case, but without limitation, you are still liable for all amounts due to indie@USM under this Terms of Use to the date of termination. 

 

Your Acceptance 

These Terms of Use govern your use of this website. By using this website, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use this website.