Terms & Conditions - MyHeart Portal

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’.