Terms and Conditions

By accessing and/or using the web pages at URL: https://bpi2u.com.my (the “Web
Site”), you accept and agree to abide by the following Terms and Conditions of Use, which
together with any other terms or legal notices posted on the Web Site such as our Privacy
Statement, govern the relationship between you as user and Brilliant Point Sdn. Bhd. its parent
company, subsidiaries, and affiliates (“BPI”, “we”, “us”) in relation to this Web Site.


1.1 Your access and use of the Web Site shall be governed by and construed in
accordance with the laws of Malaysia without reference to its conflicts of law rules and,
you agree to submit to the exclusive jurisdiction of the Courts of Malaysia.


2.1 The trademarks, logos and service marks (collectively, “Marks”) as well as content
(including but not limited to information, communications, software, images, videos and
sounds) (collectively, “Contents”) contained on or available on the Web Site belong to
BPI, its content providers and third party licensors. You should assume that all Marks and
Contents on the Web Site are protected by copyright and applicable intellectual property
rights unless otherwise noted.

2.2 You must not reproduce, modify, transfer, distribute, republish, download, post or
transmit the Marks and Contents in any form or by any means including but not limited to
electronic, mechanical photocopying or recording without our prior written permission.
You agree that the Marks and Contents contained within or available through the Web
Site shall not be used for commercial purposes or distributed commercially. Any
unauthorized use of the Marks or Contents may violate copyright laws, trademark laws,
the laws of privacy and publicity, and civil and criminal statutes. All our rights are
expressly reserved.


3.1 You are prohibited from posting or transmitting any unlawful, seditious, threatening,
defamatory, libellous, obscene, pornographic or profane material or any material that
could constitute or encourage conduct that would be considered a criminal offence or
give rise to civil liability, or otherwise violate any law. We will fully cooperate with any
law enforcement authorities or court order requesting or directing us to disclose the
identity of anyone posting such materials.


4.1 The Web Site may provide links to other web sites hosted by third parties (“Linked
Sites”). We do not have the obligation to monitor the content on the Linked Sites and
have no discretion to alter, update or control the content on the Linked Sites. Our
provision of hyperlink to Linked Sites shall not be construed as an endorsement,
authorization, sponsorship, or affiliation with respect to such web sites, their owners, or
their providers.

4.2 The Linked Sites may contain rules and regulations, privacy provisions,
confidentiality provisions, transmission of personal data provisions, and other provisions
which differ from the provisions provided here and our Privacy Statement. If you link to
otherwise visit any of these Linked Sites, please review their respective terms of use,
privacy statements, notices and policies.


5.1 All Contents on the Web Site are provided to you “as is” and “as available” without
warranty of any kind either express or implied including, but not limited to, the implied
warranties of merchantability and fitness for a particular purpose, title, non-infringement,
security or accuracy. We specifically disclaim any liability or responsibility for any errors
or omissions in the Contents. Neither BPI nor any other party involved in creating,
producing, or delivering the Web Site is liable for any direct, incidental, consequential,
indirect, or punitive damages or losses arising out of your access to, or use of, or inability
to use or access, the Web Site.

5.2 Any Content downloaded, uploaded or otherwise obtained through the use of the Web
Site is done at your own discretion and risk. It is solely your responsibility to evaluate the
accuracy, completeness and usefulness of all opinions, advice, services, merchandise and
other information provided through the Web Site or on the Internet generally.


6.1 The Content on the Web Site or a Linked Site may include inaccuracies or
typographical errors, and we specifically disclaim any liability for such inaccuracies or
errors. We do not warrant or represent that the Content on the Web Site is complete or
up-to-date and have no obligation to update any Content on the Web Site. We may make
improvements or changes to the Web Site and Content at any time without notice. You
agree that BPI and any of its respective officers, directors, employees, or agents will not
be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive,
special, consequential, incidental or indirect damages (including without limitation loss
of profits, cost of procuring substitute service or lost opportunity) arising out of or in

connection with the use of the Web Site or a Linked Site, or with the delay or inability to
use the Web Site or a Linked Site, even if we are made aware of the possibility of such
damages. This limitation on liability includes, but is not limited to, the transmission of
any viruses which may infect your equipment, failure of mechanical or electronic
equipment or communication lines, telephone or other interconnect problems such as
inability to access your internet service provider, unauthorized access, theft, operator
errors, strikes or other labour problems or any force majeure. While we have taken
reasonable commercial endeavours to ensure security and maintenance of the Web Site,
we cannot and do not guarantee continuous, uninterrupted or secure access to the Web


7.1 You have read our Privacy Statement which sets out the terms that specifically
govern the collection, use, retention and disclosure of your personal data. Accordingly,
you have agreed to the terms of our Privacy Statement and given your consent to the
collection and transfer of your personal data according to the terms of our Privacy


8.1 Except as required by law and in accordance to our Privacy Statement, any
communications or materials that you send to the Web Site by electronic mail, postings
or otherwise, including any data, questions, comments, suggestions or the like are and
will be treated as non-confidential and non-proprietary. We reserve the right to freely use
these transmissions and postings by you for any purpose, including, but not limited to,
reproduction, disclosure, transmission, publication, broadcast, and posting, without any
compensation to you. We shall assume no responsibility and shall not be liable for any
unauthorized or unlawful interception or modification of any communication between
you and us (whether by electronic mail or otherwise), or for any loss or damage arising
thereby (including but not limited to any loss or damage arising out of the unauthorized
or fraudulent use of any information contained in or made accessible via such


9.1 If any of these Terms and Conditions of Use is determined to be legally invalid or
unenforceable, then the invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the Terms and Conditions of Use shall continue in effect.

9.2 Our failure to insist upon or enforce strict performance of any provision of these
Terms and Conditions of Use shall not be construed as a waiver of any provision or right.

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