(Last updated April 1, 2015)
7. Intellectual Property Rights – Copyright Notice 12. Miscellaneous
Through the Site, SEH provides an online platform through which you can browse different types of running events. By completing the registration through the Site, you make an offer to participate at the price listed for such event and such other terms and conditions stated on the Site, which shall become a binding contract when accepted by SEH, which in turn means the participation has been confirmed by the event organiser. We will indicate the completion and acceptance of your event registration via an e-mail confirmation. We reserve the right to reject registrations as set out below.
When rendering our services, the information that we disclose about the running events is based on the information provided to us by the event organisers. As such, the event organisers or their representatives are given access to an extranet or other connectivity solution through which they are fully responsible for updating all information, including but not limited to text, information, logos, pictures etc, which is displayed on the Site, pending on our final approval. Although we will use commercially reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete, correct or up to date, nor can we be held responsible for any errors (including manifest and typographical errors), interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Site or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each event organiser remains responsible at all times for the accuracy, completeness and correctness of the information displayed on the Site. In case of problems, our Customer Service will use its commercially reasonable efforts to assist you and serve as a point of contact with the event organiser.
The Site does not constitute and should not be regarded as a recommendation or endorsement of (the quality, or rating of) any running event listed on the Site. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status or adequacy of any event listed on the Site.
In rare cases, we may also have to cancel or reject a registration due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Site (e.g. in terms of price), which a reasonable person would not consider to be normal. The amount charged will be reimbursed without charge in such case. Whether to cancel or reject a registration for this reason is in SEH’s sole discretion.
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- use the Site or its contents for any non-authorized commercial purpose;
make any speculative, false, or fraudulent registration;
- access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express prior written permission;
- violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of the Site (including, without limitation, purchase paths) for any purpose without our express prior written permission;
- re-sell, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on the Site for any commercial or competitive activity or purpose;
- "frame", "mirror" or otherwise incorporate any part of the Site into any other website without our prior written authorization;
- deliver any unlawful (according to any and all applicable laws or regulations) postings to or through the Site, or any postings which advocate illegal activity;
- deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, racist, discriminating, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
- deliver or provide links to, any postings containing defamatory, slanderous, false or libelous material;
- deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
- deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;
- impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
- manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
- use the Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
- attempt to gain unauthorized access to the Site, any related website, other accounts, computer system, or networks connected to the Site, through hacking, password mining, or any other means;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site, including harvesting or otherwise collecting information about others such as email addresses; or
- do anything else which could cause damage to the Site, the SEH group of companies and their employees, SEH’s reputation, or would otherwise have a negative impact.
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SEH does not process any of the transactions on the Site, nor do we keep the cardholder’s credit card details on our server. MOLPay, a payment gateway service provided by MOLPay Sdn Bhd (948015-X), is our appointed online payment solution provider. All security measures under Bank Negara Malaysia’s compliance requirement, which include but not limited to, measures to safeguard confidentiality and security of card information; use of a website at least 128-bit Secured Socket Layer encryption technique for transmission of cardholder information; compliance with Visa’s requirement to enroll in Visa’s Account Information security (AIS) Program; compliance with MasterCard’s requirement to enroll in MasterCard’s Site Data Protection (SDP) Program, are complied via MOLPay.
In the event of credit card fraud or unauthorised use of your credit card by third parties, SEH shall not be liable under any circumstances to you or any other person for indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (including but not limited to negligence), breach of warranties, either express or implied, any breach of this agreement or its incorporated agreements and policies, and/or your inability to use the service or otherwise, even if SEH has been advised of the possibility of such damages.
SEH reserves the right to add or remove any payment methods at anytime, with or without giving prior notice to the users.
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5. Cancellation and Refunds
Generally, we practice a 14 Days Money Back Guarantee Policy. You are eligible for a refund within 14 days of the date of payment, subject to 10% administrative charges of the total amount refunded. After the 14 days period and the event registration closing date, we will not accept any refund request from participant, and any refund request shall be dealt directly with the event organizer.
Under the special circumtances of event cancellation or postponement, refund request will be determined on a case by case basis by the event organizer.
To submit a refund request, please fill in your details below and email to email@example.com or fax to +603 - 7497 3227. Make sure your bank account details are correct. We shall not be held responsible for any wrong bank account information provided by you.
Your request will be processed within 15 working days and you will be notified via email your refund request outcome.
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6. Registrations, Age, Special Requests
Upon completing event registration on our Site, you accept and agree to the terms and conditions of relevant running event. The terms and conditions of each event are made available on the Site at the event information pages. We recommend that you read the terms and conditions of the event carefully prior to registering the event on our Site. If you fail to comply with the terms and conditions listed on the event page, SEH will not be held responsible in any way to any damages that may arise in consequence of such violation, including but not limited to, personal injuries, refusal of entry by event organiser and etc.
In order to make a booking you must be over 18 years old and have the full legal capacity to make the transaction (or have the authorization from your legal guardian). You undertake that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all transactions made under your name or account.
If you have any special needs or request, you must contact the event organiser and verify that the special needs can be met before you register and make payment. Please note that all special requests are subject to availability by the event organiser and cannot be guaranteed by SEH. Your payment will not be refunded under such circumstances.
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7. Intellectual Property Rights - Copyright Notice
SEH owns the copyright to the Site. You may not use the SEH intellectual property without our consent. Other product and company names identified on the Site may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of SEH, its licensor or associated companies or a third party. The use on the Site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through the Site, should not be construed as an endorsement or sponsorship of the Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through the Site.
Unless stated otherwise, the software required for our services or available at or used by the Site and the intellectual property rights (including the trademarks, service marks, logos, designs, copyrights etc.) in the contents and information and material on the Site are owned by SEH, its affiliated or associated companies, licensors. SEH does not assume any liability for copyrighted materials provided by third parties or any intellectual property right infringements by such third parties.
You may use information from the Site for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
We may provide hypertext links to other sites which are operated by other people. Using such a link, you acknowledge leaving the Site and proceeding at your own responsibility.
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If you believe in good faith that materials hosted by us infringe your copyright, you or your agent (the “complainant”) may send us a written notice that includes the following information:
1. the name and address of the complainant;
2. where the complainant is not the copyright owner or exclusive licensee, the name and address of the copyright owner or exclusive licensee;
3. where the complainant is not resident in Malaysia, the complainant’s address for service in Malaysia;
4. a telephone number, a facsimile number (if any) and an electronic mail address at which the complainant can be contacted;
5. sufficient particulars to enable us to identify the copyrighted work allegedly infringed;
6. sufficient particulars to enable us to identify and locate the allegedly infringing electronic copy, including the online location of the electronic copy;
7. a statement that the complainant requires us to remove or disable access to the electronic copy;
8. a statement that the complainant believes in good faith that the electronic copy infringes the copyright in the work identified in paragraph 5 above;
9. a statement that the information in the notice is accurate;
10. a statement that the complainant is (a) the owner or exclusive licensee of the copyright in the work identified in paragraph 5 above, or (b) is authorized to act on behalf of such owner or exclusive licensee; and
11. a statement that the complainant submits to the jurisdiction of the courts in Malaysia for the purposes of proceedings under relevant provisions in the Malaysia Copyright Act.
The notice must be signed by the complainant and sent to us by email to firstname.lastname@example.org.We will review and address all notices that comply with the requirements above in accordance with applicable law.
We suggest that you consult your legal advisor before filing a notice. Also, be aware that you may be guilty of an offence or liable for damages if you make a false claim of copyright infringement.
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Content submitted by users will be considered non-confidential and SEH is under no obligation to treat such content as proprietary information. Without limiting the foregoing, SEH reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. SEH is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to SEH, unless stated otherwise. SEH shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties. Please refer to the SEH Policies on the Site for more details.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by SEH or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release SEH, and its licensees, successors and assigns, from any claims that you could otherwise assert against SEH by virtue of any such moral rights.
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SEH will make every effort to ensure that all contents with regards to the event information, including but not limited to text, information, logos, pictures etc displayed on RunningEvents.my are accurate as at the date of posting. However, we expressly disclaims any representation, warranty or undertaking in relation to the accuracy, completeness, quality or adequacy of any contents with regards to the event information on this website.
While we make every effort to work with event organisers which provide an acceptable standard of service for the price paid, we hereby expressly disclaim any representation, warranty or undertaking in relation to the quality or adequacy of running events listed on the site.
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ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. SEH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SEH DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. SEH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. SEH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
SEH IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF RESERVATIONS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
General Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SEH, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (WHERE RELEVANT, CAUSED BY):
(I) LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, LOSS OF CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES;
(II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, DELAY, PERFORMANCE OR NON-PERFORMANCE OF THE SITE;
(III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS;
(IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE, INCLUDING SERVICES RENDERED OR PRODUCTS OFFERED BY THE EVENT ORGANISER, (PARTIAL) CANCELLATIONS;
(V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION (INCLUDING BUT NOT LIMITED TO THE (DESCRIPTIVE) INFORMATION OF THE EVENT AS MADE AVAILABLE ON THE SITE), SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE;
(VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE;
(VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR
(VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY USE, DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE; OR
(IX) ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES ATTRIBUTABLE TO THE EVENT (ITS ORGANISERS, OFFICERS, AGENTS, REPRESENTATIVES OR AFFILIATED COMPANIES)
(X) ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
A force majeure event is an event beyond the Covered Parties’ control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, quarantine, communications breakdown, epidemic, pandemic etc. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any event organiser’s breach of any condition or warranty, nor shall any Covered Party be responsible for any other wrongdoing of an event organiser (including any liability in tort), as to any products and/or services available through the Site. SEH does not guarantee continuous access without interruption to the Site.
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12. Miscellaneous SEH does not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate or control the event. The event organisers are liable and responsible for providing the products and services as promised.
You agree to indemnify and hold harmless SEH from and against any liability, damage or loss including legal fees and expenses that SEH incurs or suffers as a result of any action, inaction or omission by you. If you use the Site for or on behalf of a third-party ("Third-party"), including but not limited to a family member, a companion, a club member, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. Each customer using the Site for or on behalf of a Third-party agrees to indemnify and hold each SEH harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the user's failure to fulfill any of its obligations as described above.
You are at all times bound by the local laws and regulations. SEH cannot be held liable in case an event organiser refuses to let you participate in the event or asks you to leave for legal or regulatory reasons.