Terms and Conditions
TERMS AND CONDITIONS (“TERMS”)
1.
Introduction
1.1
Talent Corporation Malaysia Berhad (Company No.: 201001035653 (919577-H)) (“TalentCorp”) is an agency under the Malaysian Ministry of Human Resources that drives Malaysia’s talent strategy towards becoming a dynamic talent hub by attracting, nurturing, and retaining the right expertise to spur economic growth. TalentCorp initiates and facilitates initiatives that will help country meet its talent needs, by working closely and building partnerships with leading companies and Government’s agencies.
1.2
Government of Malaysia recognises the value of Malaysian diaspora in contributing to the economic growth of Malaysia. Malaysian diaspora also plays vital role as investors in critical and emerging industries, generous philanthropists and first movers in the growth of important sectors such as tourism, and in the development of human capital. TalentCorp aim to capitalise upon the potential benefits represented by Malaysian diaspora via diaspora engagement projects (philanthropy, business networks, knowledge sharing, brokerage, mentoring, training, investment, patronage, advocacy, volunteerism) (“Purpose”).
1.3
Pursuant to the above, TalentCorp had developed a platform which is known as ‘MyHeart Platform’ (“the Platform”) to actively reach out Malaysians living and working abroad. The Platform is used to connect with Malaysian diaspora, collect data and experiences, which can be developed for further execution or collaboration. Initiatives to nurture and optimise Malaysia’s talent pool will be emphasised by TalentCorp, given the importance to address the nation’s talent needs on a sustainable basis. The project will build effective partnerships with world class talent, leading companies and relevant Government agencies in advancing the talent agenda, towards supporting Malaysia's aspirations to become a developed nation.
1.4
The Platform shall act as an umbrella for several modules (“Module(s)”) which have been implemented by TalentCorp and/or its related companies (“the Group”). Below are the Modules which are currently implemented by TalentCorp under the Platform:
(a)
‘Work in Malaysia Module’;
(b)
‘Education for Your Children Module’; and
(c)
‘Network & Connect Module’.
1.5
The details of each Module are further described under appendixes that are attached in this Terms (“Appendixes”).
1.6
This Terms shall constitute entire agreement between the user(s) (“User(s)”) and TalentCorp pursuant to the User’s usage of any part of the Platform and by accessing and/or using any part of the Platform, the User shall be deemed to be agreed with all provisions as stipulated in this Terms.
2.
Personal Data Protection
2.1
By accessing and/or using any part of the Platform, the User hereby agrees that TalentCorp, including but not limited to its partners, employees, agents and/or representatives, to collect, store, process and/or use the User’s personal data, which may include but not limited to the User’s name, address, telephone number, national registration identification card number, email address, resume and/or curriculum vitae or any other personal data as defined under Personal Data Protection Act 2010 (“Personal Data”), for the purpose of it was collected, which among others are for the purpose of participation by the User in any initiatives and/or Modules that are provided by the Group in the Platform and for non-commercial purposes such as to be used by TalentCorp as part of study conducted to achieve the main objectives of the Purpose.
2.2
The User hereby undertakes and covenants with TalentCorp on the followings:
(a)
that any Personal Data furnished by the User via the Platform are true and accurate;
(b)
that the User had obtained relevant consents and/or approval from relevant third parties for any Personal Data of third parties that are disclosed by the User via the Platform for the purpose of initiatives and/or Modules provided under the Platform, if applicable; and
(c)
that the User shall immediately notify TalentCorp in writing in the event there are any changes in respect of any part of Personal Data of the User and/or third parties for TalentCorp to update its records.
2.3
The User hereby gives consent, and the User undertakes that the User had obtained relevant consent from third parties, to TalentCorp, including but not limited to its partners, employees, agents and/or representative, to disclose the Personal Data to relevant authorities and/or third parties, where required by law, for legal purposes and/or for non-commercial purposes.
2.4
The User hereby further undertakes and covenants with TalentCorp that the User shall not use any Personal Data that can be accessed by the User via the Platform for any other purposes other than for performance of the initiatives and/or Modules that are provided under the Platform.
3.
Intellectual Property Rights
3.1
All reports, materials and/or compilation of materials derived and/or created pursuant to any initiatives and/or Modules provided under the Platform shall become the exclusive properties of TalentCorp and shall not be returned to the User. The User hereby agrees to grant TalentCorp, including but not limited to its partners, employees, agents and/or representatives, unconditional and irrevocable rights to publish such reports, materials and/or compilation of materials in any formats on TalentCorp’s website or other platforms as determined by TalentCorp.
4.
Violation of Laws
4.1
Any attempt to deliberately damage or undermine the legitimate operation of the Platform including in respect of any part of initiatives and/or Modules that are provided under the Platform, is a violation of criminal and civil laws and TalentCorp, including but not limited to its partners, employees, agents and/or representatives of the programme reserve the right to seek damages from those making such attempts to the fullest extent permitted by law.
5.
Prohibited Conduct
5.1
All Users are prohibited from making threats, engaging in crime, violent and dangerous activities. This list of behaviours, while not inclusive, provides examples of conduct that are prohibited:
(a)
causing physical injury to another person; or
(b)
making threats of any kind; or
(c)
aggressive, hostile or violent behaviours, such as intimidation of others; attempts to instil fear in others; or subjecting others to emotional distress; or
(d)
other behaviour which suggests a propensity toward violence, which may include belligerent speech, excessive arguing or swearing, sabotage or threats of sabotage or a demonstrated pattern of refusing to follow the TalentCorp’s policies, procedures, terms and/or conditions which are relevant to the initiatives and/or Modules which are provided under the Platform; or
(e)
committing acts motivated by, or related to, sexual harassment or domestic violence; or
(f)
wilful disregard by the Users of TalentCorp’s the Group’s interest as determined by TalentCorp; or
(g)
the Users become the object of public notice which in the sole opinion of TalentCorp, would have a negative effect or consequence towards the implementation of initiatives and/or Modules that are provided under the Platform.
5.2
In the event the User is found guilty for any of the above prohibited conducts, TalentCorp reserves the absolute right to remove the User from participating in any part of the initiatives and/or Modules that are provided under the Platform.
6.
Exclusion of Liability
6.1
The User hereby undertakes and covenants with TalentCorp that TalentCorp shall not be responsible and/or held liable to the followings including but not limited to:
(a)
any errors, omissions, interruptions, deletions, defects or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices or transmission lines;
(b)
data corruption, theft, destruction, loss, unauthorized access to or alteration of the application;
(c)
electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in the User's e-mail account to receive e-mail messages;
(d)
misconduct of any kind, as described, but not limited to, under Clause 5 above;
(e)
for any injuries, damages and/or losses suffered by the User pertaining to the User’s participation in the initiatives and/or Modules that are provided under the Platform and usage by the User of any part of the Platform; and
(f)
for any costs and/or expenses incurred by the User in participating in the activities, programs and/or initiatives which are offered through the Platform.
6.2
The User further undertakes and covenants with TalentCorp that by using any part of the Platform and/or participating in any initiatives and/or Modules which are provided under the Platform, the User hereby agrees (and on behalf of the User’s heirs, assignees, executors and administrators) to release, discharge, indemnify and hold TalentCorp, including but not limited to its partners, employees, agents and/or representative, harmless from and against any and all liabilities, losses or damages of any kind, to persons or property, resulting in whole or in part, directly and/or indirectly, from the User’s participation in the initiatives and/or Modules that are provided under the Platform and usage by the User of any part of the Platform.
7.
Miscellaneous
7.1
TalentCorp reserves absolute right at its absolute discretion and without liability whether to:
(a)
change, modify, alter, adapt, and/or remove any provisions of the Terms and such changes, modifications, alterations, adaptation and/or removal will be posted on the Platform, if functioning; and
(b)
change, suspend or discontinue any aspect of the Platform including initiatives and/or Modules that are provided under the Platform.
7.2
All disputes and differences arising hereunder shall be governed by and interpreted in according with the laws for the time being in force in Malaysia. Parties hereby agree to submit to the exclusive jurisdiction of the courts of Malaysia in respect of any claim or proceeding arising from this Terms, and to obey any order or judgment of the courts in respect of such claim or proceedings.
7.3
In the event there are discrepancies between provisions as stipulated in this Terms with provisions as stipulated in the Appendixes, the provisions stipulated in the Appendixes shall prevail.
Appendix 1 – ‘Work in Malaysia Module’
1.
Introduction
1.1
The ‘Work in Malaysia Module’ allows Malaysian diaspora registered on the Platform to explore and apply for employment opportunities in Malaysia. The participating entities in Malaysia may advertise job vacancies through the Platform under the ‘Work in Malaysia Module’ and find suitable candidates to fill such vacancies.
2.
Terms and conditions for the ‘Work in Malaysia Module’.
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Particular
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Details
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Participating entities that may advertise job vacancies under this module
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(a)Any entities that are validly registered and/or incorporated under Companies Commission Malaysia (“CCM”), in accordance with the laws of Malaysia.(b)Subject to the above, only entities that are directly offering the job placements to Malaysian diaspora and/or a recruitment agency can participate under this module. |
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Registration and approval processes
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(a)Registration(i)The above entity (“Applicant”) shall complete the registration form by filling all relevant information including contact details of the Applicant via the Platform.(b)Approval(i)TalentCorp shall notify the Applicant within seven (7) working days from the submission date of registration form by the Applicant whether the registration made by the Applicant is approved by TalentCorp via email notification.(ii)The above time period may be extended for a further period without prior notice to the Applicant in the event TalentCorp requires additional time to deliberate on the registration.(iii)In the event the registration made by the Applicant is approved by TalentCorp, the Applicant will be receiving activation link via email for the Applicant to set up login password in order to use the Platform.(c)Rejection(i)In the event the registration made by the Applicant is rejected by TalentCorp, the Applicant will be notified of the rejection and its reason via email.(ii)The Applicant can reapply in the event the Applicant opts to participate in this module. |
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List of documents to be furnished during the registration processes
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(a)The Applicant is required to furnish the following documents during the registration processes (the list of the documents is not exhaustive):(i)certified true copy of statutory documents as to confirm on the incorporation and/or registration of such applicants with CCM in accordance with the laws of Malaysia (or other similar documents that are acceptable by TalentCorp);(ii)copy of License C (applicable for recruitment agency); and(iii)the Applicant’s business profile.(b)TalentCorp reserves the right to request additional documents from Applicant from time to time and failure on part of the Applicant to comply which such request shall constitute a breach by the Applicant on the terms and conditions herein. |
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Job advertisement
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(a)TalentCorp shall advertise job advertisement provided by the Applicant through the Platform subject to the following terms and conditions:(i)The Applicant shall submit the job vacancy advertisement to TalentCorp for approval via the Platform.(ii)Within seven (7) working days TalentCorp shall review the job vacancy advertisement and in the event the job vacancy advertisement is approved then TalentCorp shall advertise the job vacancy advertisement via the Platform.(iii)TalentCorp may reject the job vacancy advertisement should TalentCorp believes (at TalentCorp’s absolute discretion) that such advertisement is not in line with the main objectives of the module and the Applicant will be notified of the rejection and its reason via email.(iv)Upon approval, the job advertisement shall be advertised via the Platform for a period as determined by the Applicant during submission of the job vacancy advertisement made by the Applicant for TalentCorp’s approval (“Placement Period”).(v)The Placement Period may be extended for a further period whereby the Applicant may revise and/or amend the expiry date of such Placement Period via the Platform.(b)Other terms and conditions:(i)The Applicant hereby agrees and acknowledges that any job positions to be advertised by Applicant under this module shall be subjected to approval by TalentCorp taking into consideration of the objective of this module.(ii)Any costs and/or expenses incurred in respect of interviewing potential candidates and/or hiring processes shall be borne by the Applicant.(iii)The Applicant hereby agrees and acknowledges with TalentCorp to perform the followings:(1)that the Applicant is encouraged to update status of any applications made by the users of the Platform that are connected with the job vacancy advertisement posted by the Applicant via the Platform under this module; and(2)that the Applicant shall update the job vacancy advertisement in the Platform for any variations and/or amendments to be made by the Applicant in respect of the job descriptions and/or other related matters in respect of the job vacancy advertisement posted by the Applicant via the Platform under this module. |
Appendix 2 – ‘Education FOR YOUR CHILDREN Module’
1.
Introduction
1.1
The ‘Education for Your Children Module’ allows Malaysian diaspora registered on the Platform to explore and enquire about private and/or international education programmes offered by registered private and international education institutions in Malaysia.
1.2
Subject to the terms as stipulated herein, the registered private and international education institutions in Malaysia may advertise their education programmes under the Platform to give exposure to the Malaysian diaspora registered on the Platform on the offered education programmes.
2.
Terms and conditions for the ‘Education for Your Children Module’:
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Particular
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Details
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|---|---|
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Private and/or international education institutions in Malaysia that can advertise their education programmes under this module
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Any education institutions that are registered and/or incorporated under the laws of Malaysia.
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Registration and approval processes
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(a)Registration(i)The above education institution (“Applicant”) shall complete the registration form by filling all relevant information including contact details of the Applicant via the Platform.(ii)In the registration form, the Applicant would be given an option in the event the Applicant intends to offer special incentives to approved applicants under ‘Retuning Expert Programmes’ (“REP”). Examples of incentives that can be offered by the Applicant for the approved applicants under REP are as follows:(1)The above education institution (“Applicant”) shall complete the registration form by filling all relevant information including contact details of the Applicant via the Platform.(2)waiver of registration fees;(3)waive of application fees;(4)any other incentives that may be offered by the Applicant to the approved applicants under REP.Please be informed that the above incentives are not exhaustive and can be revised accordingly from time to time.(iii)In the event the Applicant opts to offer such incentive to the approved applicants under REP, then TalentCorp shall arrange a meeting, physical or virtual meeting with such Applicant to deliberate further on the matter.(b)Approval(i)TalentCorp shall notify the Applicant within seven (7) working days from the submission date of registration form by the Applicant whether the registration made by the Applicant is approved by TalentCorp via email notification.(ii)The above time period may be extended for a further period without prior notice to the Applicant in the event TalentCorp requires additional time to deliberate on the registration.(iii)In the event the registration made by the Applicant is approved by TalentCorp, the Applicant will be receiving activation link via email for the Applicant to set up login password in order to use the Platform (for the purpose of account’s activation).(b)Rejection(i)In the event the registration made by the Applicant is rejected by TalentCorp, the Applicant will be notified of the rejection and its reason via email.(ii)The Applicant can reapply in the event the Applicant opts to participate in this module. |
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List of documents to be furnished during the registration processes
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(a)The Applicant is required to furnish the following documents during the registration processes (the list of the documents is not exhaustive):(i)certified true copy of statutory documents as to confirm on the incorporation and/or registration of such Applicants in accordance with the laws of Malaysia as education institutions (or other similar documents that are acceptable by TalentCorp);(ii)the Applicant’s business profile; and(iii)the Applicant’s education programme(s).TalentCorp reserves the right to request additional documents from Applicant from time to time and failure on part of the Applicant to comply which such request shall constitute a breach by the Applicant on the terms and conditions herein. |
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The Applicant’s programmes
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(a)Upon approval, the Applicant’s business including the Applicant’s programmes shall be featured in the Platform.(b)The Applicant acknowledges and agrees with TalentCorp on the followings:(i)TalentCorp reserves the absolute right to remove Applicant’s programme from being featured in the Platform in the event at the sole opinion of TalentCorp such programme does not in line with the main objective of this module and/or against any policies and/or guidelines imposed by TalentCorp, its subsidiaries and/or relevant authorities; and(ii)that in the event the Applicants does not sign into the Platform for more that one (1) year, then TalentCorp reserves the right to deactivate the Applicant’s account and the Applicant’s business including its programmes shall not be featured in the Platform(c)The Applicant can at any time update the Applicant’s information by accessing the Platform.(d)The Applicant hereby agrees and acknowledges with TalentCorp to perform the followings:(i)that the Applicant shall update the details of the programme that are featured in the Platform for any variations and/or amendments to be made by the Applicant in respect of any part of the programme;(ii)that the Applicant shall respond and/or revert to any enquires from the users for any programmes that are featured through the Platform under this module; and(iii)that the Applicant is encouraged to update status of any applications made by the users of the Platform who intend to participate under any programmes that are featured via the Platform; |
Appendix 3 – ‘Network & Connect Module’
1.
Introduction
1.1
The objectives of the ‘Network & Connect Module’ are as follows:
(a)
to allow Malaysian diaspora to discover and connect with other Malaysians and Malaysian associations abroad under the ‘Network & Connect Module’ (entities that are registered under the Platform); and
(b)
to provide exposure to Malaysian diaspora on the activities and/or initiatives conducted and/or implemented by the registered Malaysian associations abroad by featuring the registered Malaysian associations abroad under the Network & Connect Module.
2.
Terms and conditions for the ‘Network & Connect Module’:
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Particular
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Details
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Malaysian associations and/or businesses abroad that intend to be featured under this module
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Any Malaysian associations and/or businesses abroad that are validly registered and/or incorporated under relevant laws
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Registration and approval processes
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(a)Registration(i)The above Malaysian associations abroad (“Applicant”) shall complete the registration form by filling all relevant information including contact details of the Applicant via the Platform.(b)Approval(i)TalentCorp shall notify the Applicant within seven (7) working days from the date of the meeting whether the registration made by the Applicant is approved by TalentCorp via email notification.(ii)The above time period may be extended for a further period without prior notice to the Applicant in the event TalentCorp requires additional time to deliberate on the registration.(iii)In the event the registration made by the Applicant is approved by TalentCorp, the Applicant will be receiving activation link via email for the Applicant to set up login password in order to use the Platform.(c)Rejection(i)In the event the registration made by the Applicant is rejected by TalentCorp, the Applicant will be notified of the rejection and its reason via email.(i)The Applicant can reapply in the event the Applicant opts to participate in this module. |
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List of documents to be furnished during the registration processes
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(a)The Applicant is required to furnish the following documents during the registration processes (the list of the documents is not exhaustive):(i)certified true copy of statutory documents as to confirm on the incorporation and/or registration of such Applicants in accordance with relevant laws as registered association (or other similar documents that are acceptable by TalentCorp); and(ii)the Applicant’s profile.TalentCorp reserves the right to request additional documents from Applicant from time to time and failure on part of the Applicant to comply which such request shall constitute a breach by the Applicant on the terms and conditions herein. |
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Benefit to the Malaysian diaspora
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(a)The Platform shall allow Malaysian diaspora to discover other Malaysians and Malaysian associations abroad. It also allows the Malaysian associations to be featured so that they can improve their brand exposure to gain more members. |
