This page states the terms of use (“Terms”) under which you (“You”) may use michelelam.com, and Your relationship with Michele Lam Consulting Sdn Bhd (“MLC”, “we” or “us”). Please read them carefully as they affect Your rights and liabilities under the law. If You do not agree to these Terms, please do not register or use michelelam.com. These Terms are effective as of 12 April 2022. If You have any questions on the Terms, please contact us here.
1.1 michelelam.com is provided to You for Your use subject to these Terms. These Terms form a binding agreement between You and MLC. By accessing to or using michelelam.com You agree to accept and/or to be bound by these Terms. You agree to use michelelam.com at Your own risk.
1.2 In the case of any conflict between these Terms and any contract You have with MLC, these Terms will take precedent.
1.3 We may update these Terms from time to time for legal or regulatory reasons or to allow the proper operation of michelelam.com. Any changes will be notified to You via the e-mail address provided by You on registration or via a suitable announcement on michelelam.com. The changes will apply to the use of michelelam.com after we have given You notice. If You do not wish to accept the new Terms You should not continue to use michelelam.com. If You continue to use michelelam.com after the date on which the change comes into effect, Your use of michelelam.com indicates Your agreement to be bound by the new Terms.
2. Definitions
2.1 “Advertiser” means a person or entity that is contracting to post advertisements on michelelam.com and includes a sponsor.
2.2 “Advertiser Materials” includes any brochures, course listings, scholarship listing, product or service promotions, editorial contribution, articles, web site content, education and personal development material, audio, videos, photographs, logos, emails, trademarks, service marks, domain names, documents or other materials provided by the Advertiser, if any, for use in connection with the MLC Services.
2.3 “Design” includes the colour combinations and the page layout of michelelam.com.
2.4 “Graphics” includes all logos, button icons, and other graphical elements on michelelam.com, with the exception of paid advertising banners.
2.5 “Programming” includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on michelelam.com.
2.6 “Visitor” means a User such as students and parents who are accessing michelelam.com for assistance on career decision-making or any information relating to personal development except an Advertiser.
2.7 “MLC” means Michele Lam Consulting Sdn. Bhd. 202301050177 (1544091-T).
2.8 “MLC Content” includes all Text, Graphics, Design, Programming, information, images, video, audio files, software and other contents used on michelelam.com.
2.9 “MLC Database” or “MLC Databases” includes all advertisements posted on michelelam.com and/or all information on career decision-making and/or personal development found on michelelam.com.
2.10 “MLC Services” means the services provided by MLC or its agents including:-
2.10.1 providing Advertisers a platform to advertise its products/services;
2.10.2 providing information relating to career decision-making, personal development and/or
further studies; and
2.10.3 maintaining michelelam.com.
2.11 “michelelam.com” means https://michelelam.com.
2.12 “Text” includes all text on every page of michelelam.com, whether editorial, navigational, or instructional.
2.13 “User” refers to any individual or entity that uses any aspect of michelelam.com and/or MLC Services.
2.14 “You” or “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms.
3. Registration
3.1 To register on michelelam.com You must be 14 years of age or above.
3.2 You must ensure that the details provided by You on registration or at any time are correct and complete.
3.3 You must inform us immediately of any changes to the information that You provided when registering by updating Your personal details in order that we can communicate with You effectively.
4. Password and security
4.1 When You register to use michelelam.com You will be asked to create a password. In order to prevent fraud, You must keep this password confidential and must not disclose it or share it with anyone. If You know or suspect that someone else knows Your password You should notify us by contacting us here immediately.
4.2 If MLC has reason to believe that there is likely to be a breach of security or misuse of michelelam.com, we may require You to change Your password or we may suspend Your account.
4.3 As a result of Your loss of Your Password or the misuse of michelelam.com:
4.3.1 all losses or damage incurred thereby shall be borne by You; and
4.3.2 you shall fully indemnify MLC should MLC suffer any loss or damage.
5. Intellectual Property
5.1 michelelam.com, MLC Content, and all right, title and interest in and to michelelam.com and MLC Content are the exclusive property of MLC or its licensors.
5.2 michelelam.com and MLC Content are protected by copyright, trademark, database right and other intellectual property rights.
5.3 You may retrieve and display MLC Content of michelelam.com on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for Your own personal, non-commercial use, provided You keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or MLC Content on michelelam.com without written permission from MLC.
6. Availability of michelelam.com
6.1 Although we aim to offer You the best service possible, we make no promise that the services at michelelam.com will meet Your requirements.
6.2 We cannot guarantee that michelelam.com will be fault-free, error-free, or that michelelam.com and servers are free of viruses or other harmful mechanisms. If a fault occurs with michelelam.com You should report it here and we will attempt to correct the fault as soon as we can.
6.3 Your access to michelelam.com may be occasionally restricted to allow for repairs, maintenance or the introduction of new content, facilities or services. We will attempt to restore access and/or service as soon as we reasonably can.
7. Your use of michelelam.com
7.1 MLC hereby grants You a limited, terminable, non-exclusive right to access and use michelelam.com only for Your personal use and/or advertisement purposes.
7.2 You may not use michelelam.com for any of the following purposes:-
7.2.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
7.2.2 aggregating, copying or duplicating in any manner any of the MLC Content or information available from michelelam.com;
7.2.3 reproducing any of the MLC Content for general use;
7.2.4 link to any MLC Content or information available from michelelam.com;
7.2.5 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
7.2.6 interfering with any other person’s use or enjoyment of michelelam.com; or
7.2.7 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
7.3 You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of michelelam.com.
7.4 MLC assumes no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the activities, exercises and information provided on michelelam.com.
8. Your use of MLC Services
8.1 MLC Services may be used only by
8.1.1 Visitors seeking information in relation to career decision-making and/or personal development; and
8.1.2 Advertisers.
8.2 Your use of the MLC Services is also subject to any other contracts You may have with MLC. In the case of any conflict between these Terms and any contract you have with MLC, these Terms will prevail.
8.3 All Users agree to not:-
8.3.1 transmit, post, distribute, store or destroy material, including without limitation MLC Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of MLC’s Privacy Policy;
8.3.2 violate or attempt to violate the security of michelelam.com;
8.3.3 reverse engineer or decompile any parts of michelelam.com;
8.3.4 aggregate, copy or duplicate in any matter any of the MLC Content or information available from michelelam.com, including expired course and/or scholarship listings and/or comparison results of courses, articles, other than as permitted by these Terms;
8.3.5 post any content or material that facilitates, promotes or endorses scams, false or misleading information or illegal activities, OR endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media, OR promotes or endorses any political views;
8.3.6 share with a third party any login credentials to michelelam.com;
8.3.7 access data not intended for You or logging into a server or account which You are not authorized to access;
8.3.8 post or submit to michelelam.com any inaccurate, incomplete, misleading, false, not up to date biographical information or information which is not Your own;
8.3.9 post content that contains restricted or password-only access pages, or hidden pages or images;
8.3.10 solicit passwords or personally identifiable information from other Users;
8.3.11 harass, incite harassment or advocate harassment of any group, company or individual;
8.3.12 send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by you;
8.3.13 attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to michelelam.com, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”.
8.3.14 use the MLC Services for any unlawful purpose or illegal activity, or post or submit any content that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, harassing, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by MLC’ discretion; or
8.4 Violations of network security may result in civil and/or criminal liability. MLC will investigate occurrences which may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
9. Additional Terms applicable to Advertiser
9.1 The Advertiser represents, warrants and covenants that all Advertiser Materials provided by Advertiser for use in connection with MLC Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trade mark, obscenity, rights or publicity or privacy, and defamation laws.
9.2 The Advertiser is solely responsible for the Advertiser Materials on michelelam.com. MLC is not to be considered to be an advertiser with respect to Your use of michelelam.com and MLC shall not be responsible for any decision pertaining to the applications for courses and/or scholarships, for whatever reasons, made by the Advertiser.
9.3 Advertiser Materials may not contain:-
9.3.1 misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the services provided by the Advertiser being presented;
9.3.2 names, logos or trade marks of unaffiliated companies;
9.3.3 inaccurate, false, or misleading information; and
9.3.4 material or links to material that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful, or solicits personal information from anyone under 18.
9.4 You may not use Your Advertiser Materials to:-
9.4.1 sell, promote or advertise products or services in a manner that does not comply with applicable local, national laws, including but not limited to laws relating to labour and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property; or
9.4.2 post any franchise, pyramid scheme, distributorship, or multi-level marketing opportunity.
9.5 MLC is under no obligation to monitor the Advertiser Materials on michelelam.com, but MLC may monitor the Advertiser Materials at random.
9.6 MLC reserves the right to remove any Advertiser Materials or content from michelelam.com, which in the reasonable exercise of MLC’s discretion, does not comply with this Section, or if any content is posted that MLC believes is not in the best interest of MLC.
9.7 If any time during Your use of the MLC Services, You made a misrepresentation of fact to MLC or otherwise misled MLC in regards to the nature of Your business activities or breach of the Terms herein, MLC may terminate Your use of the MLC Services and in such event, any payment made by You shall be forfeited.
10. Additional Terms applicable to Visitors
10.1 MLC hereby grants You a limited, terminable, non-exclusive right to access and use michelelam.com only for Your personal use seeking information pertaining to career decision-making and/or education for Yourself. This authorises You to view and create bookmarks of the MLC Content or material on michelelam.com solely for Your personal, non-commercial use.
10.2 When You register with any michelelam.com, You will be asked to create an account and provide MLC with certain information including a valid email address.
10.3 Any Profile You submit must be accurate, complete, up to date and not misleading. The Profile requires standard fields to be completed by You. You may not impersonate another person, living or dead.
10.4 MLC reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter or You have agreed to receive, such offers may be made by MLC or by third parties.
10.5 Please see MLC's Privacy Notice, for further details regarding Your information. Please note, as set forth in the MLC’s Privacy Notice, that MLC may collect certain User information and may contact Users periodically in accordance with the terms of the Privacy Notice. In addition, MLC reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User information. In addition, third parties may retain cached copies of User information.
10.6 You understand and acknowledge that all information provided by You and/or account information shall be disclosed to the Advertisers.
11. Payment of fees
11.1 All amounts owed to MLC must be paid within the specified payment terms from the date of the invoice.
11.2 MLC may charge interest on any late payment.
11.3 Advertisers shall be liable for full payment of fees from the commencement of the contracts and/or sales orders. Payment must be made notwithstanding any errors or omissions in the advertisements.
11.4 All prices quoted are exclusive of any applicable taxes unless specifically noted otherwise.
12. MLC’s right to suspend or cancel Your registration
12.1 We may suspend or cancel Your registration immediately at our reasonable discretion or if You breach any of Your obligations under these Terms.
12.2 You can cancel Your registration at any time by informing us in writing here. If You do so, You must stop using michelelam.com.
12.3 The suspension or cancellation of Your registration and Your right to use michelelam.com shall not affect either party’s statutory rights or liabilities.
13. Term and Termination
13.1 These Terms will remain in full force and effect while You are a user of michelelam.com.
13.2 MLC reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of the Advertiser Material from michelelam.com and/or any other services provided to You by MLC, upon any breach by You of these Terms.
13.3 Even after You are no longer a User of michelelam.com, certain provisions of these Terms will remain in effect, including Sections 5, 11, 13, 14, 15 and 17, inclusive.
14. MLC’s liability
14.1 michelelam.com and MLC Services act as, among other things, venues for:-
14.1.1 Visitors to search for assistance on career decision-making and/or any other information relating to personal development; and
14.1.2 Advertisers to post their advertisements.
14.2 MLC does not screen or censor the Advertiser Material. MLC is not involved in the actual transaction between Visitor and Advertiser. As a result, MLC is not responsible for Advertiser Material, the quality, safety or legality of the courses or scholarships posted, the truth or accuracy of the listings, the ability of Advertiser to offer courses and/or scholarships to Visitor or the ability of Visitor to apply for the courses and/or scholarships and MLC makes no representation about any information relating to career decision-making and/or personal development on michelelam.com.
14.3 MLC reserves the right in its sole discretion to remove any Advertiser Material or other material from michelelam.com from time to time. When MLC exercises this discretion and there is a breach of these Terms by the User, any payment made by the User will be forfeited.
14.4 michelelam.com also provides content from other internet sites or resources and while MLC tries to ensure that the material included on michelelam.com is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If MLC is informed of any inaccuracies in the material on michelelam.com we will attempt to correct the inaccuracies as soon as we reasonably can.
14.5 Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through michelelam.com. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using michelelam.com.
14.6 michelelam.com and MLC Content may contain inaccuracies or typographical errors. MLC makes no representations about the accuracy, reliability, completeness, or timeliness of any michelelam.com or the MLC Content. The use of all michelelam.com and the MLC Content is at Your own risk.
14.7 Nothing on michelelam.com shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regard to its websites, products, services or otherwise.
14.8 If we are in breach of these Terms, we will only be responsible for any losses that You suffer as a direct result and to the extent that they are a foreseeable consequence to both of us at the time You use michelelam.com. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
14.9 The aggregate liability by the Company to You for all claims arising from Your use of michelelam.com and/or MLC Services shall be limited to the amount of the existing fee paid by You and operative at that time, or in the event You are a Visitor, shall be limited to RM100.
15. Disclaimers
15.1 MLC shall not be liable for any loss of information howsoever caused as a result of any interruption, suspension or termination of MLC Services or for MLC Content, accuracy or quality of information available or transmitted through MLC Services.
15.2 You acknowledge and agree that it is not MLC’s policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to or from a third party in or through michelelam.com and/or MLC Services.
16. Third Party Website
16.1 As a convenience to customers, michelelam.com includes links to other websites or materials which are beyond its control. MLC is not responsible for content on any site outside michelelam.com.
17. Indemnity
17.1 You agree to defend, indemnify, and hold harmless MLC, and its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from:-
17.1.1 any Advertiser Material or other material You provide to michelelam.com;
17.1.2 Your use of any MLC Content; or
17.1.3 Your breach of these Terms.
17.2 MLC shall provide notice to You promptly of any such claim, suit or proceeding.
18. Refund
18.1 Any refund of payment made from MLC shall be at the sole discretion of MLC.
18.2 Any refunds processed shall be via the original payment method.
19. Applicable Law
19.1 These Terms will be subject to the laws of Malaysia.
19.2 We will try to solve any disagreements quickly and efficiently. If You are not happy with the way we deal with any disagreement and You want to take court proceedings, You must do so within Malaysia.
20. Site Security Rules
20.1 You are prohibited from violating or attempting to violate the security of MLC, including, without limitation, (a) intercepting or accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without prior express written authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to MLC, overloading, "flooding", "denial of service attacking", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
21. Use Licence
21.1 You may be able to temporarily download one copy of the materials on michelelam.com for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence, you may not:
21.1.1 modify or copy the materials;
21.1.2 use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
21.1.3 attempt to decompile or reverse engineer any software contained on michelelam.com;
21.1.4 remove any copyright or other proprietary notations from the materials;
21.1.5 transfer the materials to another person or "mirror" the materials on any other server; or
21.1.6 use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, customized browsers, spiders, robots, avatars or intelligent agents) to navigate or search michelelam.com other than the search engine and software available from MLC on such michelelam.com and other than generally available third party web browsers such as Microsoft Explorer.
21.2 This licence shall automatically terminate if You violate any of these restrictions and may be terminated by MLC at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in Your possession whether in electronic or printed format.
22. Miscellaneous
22.1 You may not transfer any of Your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe Your rights will not be affected.
22.2 If You breach these Terms and MLC chooses to ignore this, MLC will still be entitled to use its rights and remedies at a later date or in any other situation where You breach the Terms.
22.3 MLC shall not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.
22.4 If any of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
23. General
23.1 If You have any queries, please contact us here.
23.2 Notices to MLC should be sent to the address listed on michelelam.com.
23.3 We will send notice to You at the address submitted by You or to such other address as MLC reasonably determines is an appropriate address for You.
