Terms and Conditions of Use

The terms and conditions of use shown here (hereinafter referred to as the "Terms and Conditions") set forth the terms between Adaptive Information Management Sdn Bhd (hereinafter referred to as the "Company") and users (hereinafter referred to as the "User" or "Users" depending upon context) of any services or features of Penang Golf Club application (hereinafter referred to as the "Service"), which is provided by the Company.

1. Definitions

The following words and terms shall have the meanings set forth below when they are used in the Terms and Conditions.

1.1. "content(s)" means information such as text, audio files, music, images, videos, software, programs, computer code, and the like.

1.2. "Content(s)" means content(s)that may be accessed through the Service.

1.3. "Submitted Content(s)" means content(s) that Users have submitted, transmitted, or uploaded.

1.4. "Separate Terms and Conditions" means documents released or uploaded by the Company that pertain to the Service, under the title "agreement," "guideline," "policy," and the like.

2. Agreement to Terms and Conditions

2.1. All Users shall use the Service in accordance with the terms stated in the Terms and Conditions. Users may not use the Service unless they agree to the Terms and Conditions. Such agreement is valid and irrevocable.

2.2. Minors may use the Service only with consent from their parents or legal guardian. Furthermore, if Users use the Service on behalf of, or for the purposes of a business enterprise, then that business enterprise shall also be deemed to have agreed to the Terms and Conditions. Such agreement is valid and irrevocable.

2.3. By actually using the Service, Users are deemed to have agreed to the Terms and Conditions. Such agreement is valid and irrevocable.

2.4. If there are Separate Terms and Conditions for the Service, Users also shall comply with such Separate Terms and Conditions as well as the Terms and Conditions.

3. Modification of the Terms and Conditions

The Company may modify the Terms and Conditions or Separate Terms and Conditions when the Company deems necessary, without providing prior notice to Users. The modification will become effective once the modified Terms and Conditions or Separate Terms and Conditions are posted on an appropriate location within the website operated by the Company. Users shall be deemed to have granted valid and irrevocable consent to the modified Terms and Conditions or Separate Terms and Conditions by continuing to use the Service. Users shall refer to the Terms and Conditions on a regular basis when using the Service, since a separate notification regarding the modification to Terms and Conditions may not be provided.

4. Account

4.1. Users, when providing information about him/herself to the Company, shall provide genuine, accurate, and complete information while using the Service, and keep such information up-to-date at all times.

4.2. If Users register a password while using the Service, Users shall exercise due care and responsibility in order for the password not to be used in an unlawful manner. The Company may treat all activities conducted with the password as activities that have been conducted by the holder of the password him/herself.

4.3. Any registered User to the Service may delete his/her account and withdraw from using the Service, at any time.

4.4. The Company may suspend or delete a User's account without giving prior notice to the User if the Company believes that the User is violating or has violated the Terms and Conditions.

4.5. The Company reserves the right to delete any account that has been inactive for a period of a year or more since its last activation, without any prior notice to the User.

4.6. Users' rights to use the service shall expire when their account has been deleted for any reason. The account cannot be retrieved even if Users have accidentally deleted their account, and the Company asks Users to be aware of this.

4.7. Each account in the Service is for the exclusive use and belongs solely to the owner of the account. Users may not transfer or lend their accounts to any third party nor may their accounts be inherited by any third party.

5. Privacy

5.1. The Company places its highest priority on the privacy of its Users.

5.2. The Company promises to protect the privacy and personal information of its users in accordance with the Penang Golf Club application Privacy Policy.

5.3. The Company promises to exercise the utmost care and attention regarding its security measures for the continued security of any and all User information.

5.4. Further details are listed in the Privacy Policy section below.

6. Provision of the Service

6.1. Users shall supply the necessary PC, mobile phone device, communication device, operating system, and data connection necessary for using the Service under Users' own responsibility and at Users' own expense.

6.2. The Company reserves the right to limit access to the whole or part of the Service depending upon conditions that the Company considers necessary, such as age, identification, current membership status, and the like.

6.3. The Company reserves the right to modify or cease, at the Company's own discretion, the whole or part of the Service at any time without any prior notice to the Users.

7. Incapability of Emergency Calls

The Service cannot be depended upon for emergency calls, such as ones made to law enforcement agencies, maritime safety authorities, fire brigade, or other emergency services.

8. Advertisements

The Company reserves the right to provide Users with advertisements for the Company or a third party, through the Service.

9. Business Partners 'Services

Contents or other services offered by other business partners cooperating with the Company may be included within the Service. The business partners bear all responsibility regarding such contents and/or services offered. Furthermore, such contents and services may be governed by the explicit terms and conditions etc., which are set accordingly by the business partners.

10. Contents

10.1. The Company grants Users the non-transferable, non-re-licensable, non-exclusive license to use the Contents provided by the Company, only for the purpose of using the Service.

10.2. Users shall abide by the appropriate conditions when using Contents which are subject to additional fees and periods of use. Notwithstanding situations where phrases such as "Purchase", "Sales," and the like appear on the Service screens, the Company shall remain the holder of all intellectual property rights as well as all other rights in the Contents offered to Users by the Company, and such rights shall not be transferred to Users.

10.3. Users shall not use the Contents beyond the scope of the intended use of the Contents in the Service (including but not limited to copying, transmission, reproduction, modification).

10.4. The Service may include functions where multiple users may post, correct, edit, and delete items. In such cases, the User who posted his/her Submitted Contents has to allow other Users to perform any editing in relation to the Submitted Contents.

10.5. Users shall maintain the rights regarding their Submitted Contents just as before, and the Company shall not acquire any rights to such contents. However, if the Submitted Contents are visible, not just to the User's "friends" but to all the other Users, the User who posts the Submitted Content shall grant the Company a worldwide, non-exclusive, royalty-free license (with the right to sublicense such content to other third parties working together with the Company), for an indefinite period, to use (after modifying such content, if the Company believes it necessary and proper) such content for services and/or promotional purposes.

10.6. The Company may check the details of the Submitted Contents, when the Company believes that the Submitted Contents may violate related laws or provisions set out in the Terms and Conditions. However, the Company is not obligated to conduct such investigations.

10.7. If the Company believes that the User has violated or may violate applicable laws or provisions in the Terms and Conditions related to Submitted Contents, then the Company reserves the right to preclude the User's use of the Submitted Contents in certain manners, such as deleting the Submitted Content without providing the User with prior notice.

11. Restrictions

Users shall not engage in the following when using the Service.

11.1. Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.

11.2. Activities that may hinder public order or customs.

11.3. Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the Company and/or a third party granted by the law or contract.

11.4. Activities that post or transmit violent or sexual expressions; expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injury behavior, or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others.

11.5. Activities that lead to the misrepresentation of the Company and/or a third party, or intentionally spread false information.

11.6. Activities such as sending messages indiscriminately to numerous Users (except for those approved by the Company), indiscriminately adding Users as Friends or to Group Chats, or any other activities deemed to be spamming by the Company.

11.7. Activities that exchange the right to use the Contents into cash, property or other economic benefits without Company's authorization.

11.8. Activities that use the Service for sales, marketing, advertisement, soliciting or other commercial purposes (except for those approved by the Company); use the Service for the purpose of sexual conducts or obscene acts. use the Service for the purpose of meeting a person for sexual encounters. use the Service for the purpose of harassments or libelous attacks against other Users; or use the Service for purposes other than the Service's true intent.

11.9. Activities that benefit or collaborate with anti-social groups.

11.10. Activities that are related to religious activities or invitations to certain religious groups.

11.11. Activities that illegally or improperly lead to the collection, disclosure, or provision of other's personal information, registered information, user history, or the like.

11.12. Activities that interfere with the servers and/or network systems of the Service; that abuse the Service by means of BOTs, cheat tools, or other technical measures; that deliberately use defects of the Service; that make unreasonable inquires and/or undue claims such as repeatedly asking the same question beyond the necessity, and that interfere with the Company's operation of the Service or Users' use of the Service.

11.13. Activities that aid or encourage any activity stated in Clauses 1 to 9 above.

11.14. Other activities that are deemed by the Company to be inappropriate.

12. User Responsibility

12.1. Users shall use this Service at his/her own risk, and shall bear all responsibility for actions carried out and their results upon this Service.

12.2. The Company may take measures that the Company considers necessary and appropriate, if the Company acknowledges that a User is using the service in a way which violates the Terms and Conditions. However, the Company shall not be responsible for correcting or preventing such violation towards Users or others.

12.3. In the case where the Company has suffered loss/damage or has been charged an expense (including but not limited to lawyer's fees) directly or indirectly (including but not limited to cases where the Company has been sued for damages by a third party) due to the User violating applicable laws or the Terms and Conditions while using the Service, the User shall immediately compensate the Company upon its request.

13. The Company's Exemption of Liability

13.1. The Company does not expressly or impliedly guarantee that the Service (including the Contents) are free from de facto or legal flaws(including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). The Company shall not be responsible for providing the Service without such defects.

13.2. The Company shall not be responsible for any damages inflicted upon Users in relation to the use of the Service. However, if the agreement (including but not limited to the Terms and Conditions) between the Company and Users regarding the Service shall be deemed as a consumer contract under the Consumer Contract Law in Japan, then this exemption clause shall not be applied.

13.3. Notwithstanding the condition stated in clause 14.2 above, the Company shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that the Company or Users predicted or could have predicted) with respect to the Company's contractual default or act of tort due to the Company's negligence (except for gross negligence). The compensation for ordinary damages in respect to the Company's contractual default or act of tort due to the Company's negligence (except for gross negligence) shall be limited to the total amount of received fees from the User in the particular calendar month in which such damages occurred.

14. Notification and Contact

14.1. When the Company notifies or contacts Users regarding the Service, the Company may use a method that the Company considers appropriate, such as posting on the website operated by the Company.

14.2. When Users notifies or contacts the Company in regard to the Service, Users shall use the customer inquiry form available on the website operated by the company or other means designated by the Company.

Last Revised April 1, 2017

Adaptive Information Management Sdn. Bhd. ("AIM", "we" or "us") understands how important it is to keep your private information safely as you interact with our network. This Privacy Policy was created to inform you what information we collect when users sign-in through the mobile applications.

BY ACCESSING AND/OR USING THE SERVICE (OR ANY PART THEREOF), YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS PRIVACY POLICY. IF YOU DISAGREE TO ANY TERM PROVIDED HEREIN, PLEASE DO NOT ACCESS AND/OR USE THE SERVICES AND ANY PART THEREOF IN ANY MANNER WHATSOEVER.

INFORMATION WE MAY COLLECT

We collect from the users of the mobile applications as detailed below:

User name, Member ID is applicable, Email address, and Password for authentication.

WHY DO WE COLLECTION THOSE INFORMATION

The user name is for identification purpose. The member ID is to associate the user to a particular membership. The email address is used for identity verification and password reset purposes. The password is for authentication purpose.

HOW WE USE YOUR INFORMATION

Your information is used for purposes that include: To provide you with and operate the Services, including for statistical and research purposes; To personalize the content and advertisements provided to you (including to present offers through advertisers and partners). To develop, improve and customize the Service and offerings available through AIM.

To help offer you products, services or programs that might be of interest. Be able to contact Users for the purpose of providing them with technical assistance and support and collect feedback regarding the Service. Be able to reply to your online queries or government agencies' requests. To comply with any rule or regulation.

SHARING INFORMATION WITH THIRD PARTIES

We will not share any Personal Information we collect with any third party. Notwithstanding the foregoing, we may disclose Personal Information in the following cases: (a) to satisfy any applicable law, regulation, legal process, subpoena or governmental request; (b) to enforce this Privacy Policy and/or the terms, including investigation of potential violations thereof; (c) to detect, prevent, or otherwise address fraud, security or technical issues; (d) to respond to user's support requests; (e) to respond to claims that any content available on the Site violates the rights of third-parties; (f) to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; (g) to protect the rights, property, or personal safety of AIM, any of its users, or the general public; (h) when AIM or any of its affiliates is undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of its assets; (i) to collect, hold and/or manage your Personal Information through AIM's authorized third party service providers, as reasonable for business purposes, which may be located in a country that does not have the same data protection laws as your jurisdiction; (j) pursuant to your explicit approval prior to the disclosure; or (k) to cooperate with third parties for the purpose of enhancing AIM's services and user's experience.

While using the Service we may be using third party software and/or service in order to collect and/or process the information detailed herein. Note that these are independent software and/or service inside AIM Service, and AIM does not take any liability about the information collection policies of those software and/or services, or about any kind of issue, legal or otherwise, about this software. We encourage you to carefully read the privacy policies and information collection policies of those software before using them.

SECURITY

AIM has established safeguards to help prevent our information from being subjected to unauthorized access or misuse. However, we cannot guarantee that your information will never be disclosed in a manner inconsistent with this Privacy Policy (for example, as a result of unauthorized acts by third parties that violate applicable law or the policies of AIM and its affiliated providers).

PROTECTING CHILDREN

AIM's Services are intended for a general audience. We do not intentionally target minors. Children under the age of eighteen (18) are not eligible to use AIM Services without the participation and supervision of a legal parent or guardian. We do not provide privacy measures designed to protect children when using the Internet unsupervised.

CHANGES TO THE PRIVACY POLICY

The terms of this Privacy Policy will govern the use of the Service, and any information collected therein. AIM reserves the right to change this policy at any time, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site. Changes to this Privacy Policy are effective as of the stated "Last Revised" date and your continued use of the Service after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.