Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY VISITING OUR WEBSITE OR MOBILE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS. PLEASE REFRAIN FROM USING THE SERVICES ON THIS PLATFORM OR ANY OTHER SERVICES OFFERED BY US IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS.
A. Welcome to www.effizientlink.com and/or EffizientLink App. This is an internet-based platform and/or mobile application owned and operated by Effizient Global Solutions (hereinafter referred to as “EffizientLink”, “We”, “Our”, “Us” or “Company”).
B. Your access or use of the mobile app and/or website, transaction on the mobile app and/or website and use of Services (as defined herein below) are governed by the following terms and conditions, including the applicable policies, which are incorporated herein by way of reference. These terms and conditions constitute a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and EffizientLink on the other part. Any references to “these Terms & Conditions” or “this Agreement” refer to the terms and conditions herein and all of its annexes, schedules and appendices which shall be construed as an integral and binding part of the agreement between you and EffizientLink.
C. The mobile app and/or website is an information platform containing public domain data, facts, statistics and know-how on select investment channels. The platform is intended to collate, organize, and make the relevant information easily accessible for the Users. The platform also provides for a forum intended to be an information-sharing platform for the Users. The platform also contains training materials accessible by the Users and all services and functionalities which we may provide via our website and mobile app for the time being as well as all other further and additional services and functionalities that may become available in the future. This shall also include any and all other ancillary, affiliate and related platforms, services and functionalities that we or our affiliates may provide from time to time (hereinafter referred to as the “Services”).
D. EffizientLink reserves the right to change or modify these terms and conditions or any policy or guideline of the mobile app and/or website including the Data Protection Notice, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revised version on the mobile app and/or website and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the mobile app and/or website will confirm your acceptance of such changes or modifications. Therefore, you should frequently review these terms and conditions and applicable policies to understand the terms and conditions that apply to your use of the mobile app and/or website.
1. In consideration of us providing you access and use of the Services via our mobile app and/or website, you hereby agree that the terms and conditions set forth herein shall be binding between the parties.
2. In order to use our Services, you must be at least 18 years of age and you are required to create a user account. You will not be able to subscribe to any of our Services on our mobile app and/or website without first creating a user account.
3. The download and use by you of the Services, mobile app and/or website does not amount to any sale or transfer of the same to you. You are merely licensed to use the Services, mobile app and website in accordance with the terms herein and any other prevailing and/or supplementary terms and conditions accompanying the Services, mobile app and website as well as future replacements and/or updates of the Services, mobile app and website.
4. We reserve the sole right at our full discretion to amend, alter, replace, update and/or discontinue the Services, mobile app and website, whether in whole or in part thereof, without any notice to you.
5. You shall not, whether by yourself and/or through and/or by way of enabling your agents, employees, directors, shareholders, partners, representatives, affiliates and/or any other third party, reverse engineer, decompile, decode, decrypt, derive, alter, modify, amend, tamper, hack and/or create derivative works out of the mobile app and/or website, their source codes, their electronic or digital rights management components, their layouts and/or any components of the mobile app and/or website whether in whole or in part or in any combination whatsoever thereof.
6. You acknowledge and agree that the platform, mobile app and website contains proprietary and confidential information, material, content and intellectual property belonging to us including, but not so limited to, copyrights, designs, databases, confidential information, layouts, patents, trade marks, badges of trade, source codes, compilations, annotations, lists, data, images, and all other forms of proprietary material (hereinafter collectively referred to as the “Intellectual Property”).
7. Unless otherwise expressly stated herein, you shall not have any rights, license, consent, authorisation nor permission from us to use, copy, reproduce, make reference to, store, circulate, distribute, sell or resell, offer for sale or resale, export or re-export, import or re-import, make publicly available, alter, amend, tamper, hack, modify or otherwise exploit and/or deal with the Intellectual Property.
8. Users should only access our website through www.effizientlink.com and/or EffizientLink mobile app and only through the login channels assigned on the website and/or mobile app and via official email sent from the Company direct to user emails.
9. Users are to provide accurate and correct information when signing up and using any of the Services.
10. Our Services and contents are for personal use only. Any promotional or public usage without permission is deemed as theft by the Company.
11. The information, analysis, and opinions expressed in the platform are for informational purposes only. Nothing contained in the platform is intended to constitute legal, tax, accounting, securities, or investment advice, nor an opinion regarding the appropriateness of any investment, nor a solicitation of any type.
12. None of our resources such as videos, online data and/or updates are to be copied, burned, screen captured, or replicated in any form or manner.
13. Accessing our portal and/or forums while engaging in any infringements or threats towards the admins, company material, or other members would be dealt with as a criminal offence and/or Intellectual Property rights infringement.
14. EffizientLink website and/or mobile app or other resources and accounts linked to the Company do not condone any external promotional activities and soliciting products or services unless prior permission has been obtained.
15. Site visitors and users are not permitted to ‘mirror’ or ‘copy’ any part of the website and/or mobile app or contents without prior authorization.
16. Usage of any robots, site retrieval application or other automatic devices which are deemed to be a threat to any of the Company’s resources and know-how will be dealt with as a criminal offence and/or Intellectual Property rights infringement.
17. EffizientLink strongly forbids any unsolicited or unauthorized promotions or other activities which might be considered a threat to the Company or our Users.
18. Any incitation of hate, vulgarity, profanity or pornography in any section is strongly condoned and the Company reserves the right to take the necessary action as it sees fit.
CREATING AN ACCOUNT
19. In order for you to have access to the features of the mobile app and/or website, you need to first set up an account with us (hereinafter referred to as the "EffizientLink Account"). You will be required to furnish us with your personal details as requested, including, your name, gender, email address, user name, account password, mobile phone number and addresses. Kindly refer to our Data Protection Notice for information relating to the use of your personal details.
20. You represent and warrant that the information you submit during registration is truthful and accurate and that you will maintain the accuracy of such information at all times.
21. Your EffizientLink Account username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your EffizientLink Account. Sharing your account or password or authorizing access of your account to a third party constitutes a threat to the security of the Company and its resources and the Company reserves the right to take immediate action on the offender.
22. We will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorised use of your EffizientLink Account, you shall immediately notify us.
23. It is your responsibility to keep your contact details including your mobile phone number and email address up-to-date to enable us to communicate with you.
CONSENT TO THE COLLECTION AND USE OF INFORMATION
24. In order for us to provide the Services to you, we require you to provide us your personal data. You hereby give us, our agents, representatives, subsidiaries, affiliates, contractors and/or permitted assigns to collect, retain, analyse, process and/or use your personal data strictly for the purposes and the duration necessary for providing the Services to you. In the event where your personal data that is supplied to us is inaccurate, outdated or untrue, we have the right to immediately suspend the provision of the Services to you until such personal data has been rectified. Kindly refer to our Data Protection Notice for information relating to the use of your personal data.
25. You agree and consent to receiving notices, announcements, advertisements and all other forms of communications from us pertaining to our Services, whether physical or electronic, via mail, email, our mobile app and website.
26. You grant EffizientLink and all other persons or entities involved in the operation of the platform the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the platform and in the provision of the Services to you. EffizientLink cannot and do not assume any responsibility or liability for any information you submit and for the use or misuse of information transmitted or received by you or third parties, using the platform.
28. You also acknowledge and agree that the downloading, installation, use, updating and/or restoring of the mobile app by you may involve the downloading, installation, use, updating and/or restoring of Third Party Software. Should you choose to do so, you hereby acknowledge and agree that we do not make any representations nor warranties as to such third party software and do not evaluate, assess, certify nor endorse any such third party software. You further acknowledge and agree that you shall comply with any and all terms and conditions accompanying the provision of such third party software to you.
FORUM & THE PLATFORM
29. The EffizientLink mobile app and/or website provides for a Forum page for the benefit of the Users. You may only use the Forum for the sole purpose of sharing and exchanging ideas with other Users. You are prohibited from using this Forum or the platform to violate or break any applicable laws, including without limitation any applicable antitrust/competition related laws or other illegal/unfair trade or business practices, security laws, regulations governing commodities, regulations promulgated by the Securities Commission Malaysia and Bank Negara Malaysia, any rules of any national or other securities exchange and any laws within the jurisdiction of your country.
30. You many not upload, transfer or transmit any material which encroaches or abuses any individual’s copyright, patent, trademark, confidential information, trade secret or any other intellectual property rights, or reveal by means of the Forum or the platform any data the divulgence of which would constitute an infringement of any confidentiality obligations you may have.
31. You many not transfer any Trojans, viruses, or any type of destructive code, nor subject the system or servers or networks to unreasonable traffic loads or damaging results, or generally participate in destructive practices that may harm the operations or integrity of the Forum, mobile app, website or platform.
32. You are entirely disallowed from conveying on or through the Forum or the platform, any unlawful, harmful, offensive, abusive, threatening, harrassing, destructive, hostile, undermining, injurious, vulgar, obscene, profane, hateful, fraudulent, defamatory, libellous, slanderous, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, or generally destructive material or content which may harm the integrity or reputation of EffizientLink or other Users, including, but not limited to, any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable laws. Any such activity would be immediately considered offensive and unconstructive where swift action could be taken by EffizientLink in order to protect the integrity of all parties involved.
33. You are explicitly denied from creating or showcasing or uploading on the Forum or the platform, any promotional material or advertising material from you or third parties or any other party which is not an affiliate or partner of EffizientLink.
34. You are expressly prohibited from compiling and using other Users' personal data, including addresses, telephone numbers, fax numbers, email addresses or other information that may appear on the Forum or platform, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.
35. You also are expressly prohibited from distributing Users' personal data to third parties for marketing purposes. EffizientLink shall deem the compiling of marketing and mailing lists using Users' personal data, the sending of unsolicited marketing materials to Users, or the distribution of Users' personal information to third parties for marketing purposes as a material breach of these Terms & Conditions, and EffizientLink reserves the right to terminate or suspend your access to and use of the platform and to suspend or revoke your membership without refund of any membership dues paid.
36. EffizientLink do not want to receive confidential or proprietary information from you through the platform. Any material, information, or other communication you transmit or post on the Forum or platform will be considered non-confidential.
37. If you are an employee of a company or any other entity, it's likely that you're not the copyright holder of anything you make in the course of your employment. Before making contributions to this site, get written permission from your employer.
38. EffizientLink may, but are not obligated to, monitor or review the Forum or any areas on the platform where Users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. EffizientLink however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, defamation, breach of confidence, obscenity, or otherwise. EffizientLink may edit or remove content on the Forum or platform at their discretion at any time.
DISCLAIMERS AND LIMITATIONS
39. We do not make any representations nor warranties whatsoever regarding the accuracy and aptness of the information available on our platform. Any and all representations made on our mobile app and website are of general nature. The information, analysis, and opinions expressed in the platform are for informational purposes only. Nothing contained in the platform is intended to constitute legal, tax, accounting, securities, or investment advice, nor an opinion regarding the appropriateness of any investment, nor a solicitation of any type.
40. You acknowledge and agree that you are solely and fully responsible to seek the necessary consultation and/or advice regarding the accurateness and aptness of all information obtained from our platform and that you do not rely on any form of representation by us.
41. We do not make any representations nor warranties whatsoever regarding the accuracy, timeliness, quality, performance, nor any aspect whatsoever of the platform, mobile app, website nor any third party software to be used in conjunction with our mobile app and website. All such use by you is solely and fully at your own risk.
42. The platform, mobile app, website and/or third party software is provided on an “as is” and “as available” basis with all faults and without any warranties whatsoever. To the fullest extent permitted by law, we disclaim all forms of warranties and conditions including, but not limited to, warranties and conditions in relation to merchantability, satisfactory quality, fitness for any particular purpose, quiet enjoyment as well as all other conditions and warranties whatsoever and howsoever arising, whether express or implied and whether by any applicable statutory law, by-laws, regulations or otherwise in relation to the platform, mobile app, website and/or third party software.
43. You acknowledge and accept that we do not make any representations nor warranties as to any interference, disturbance, interruption, disconnection and/or discontinuance with your enjoyment and/or use of the platform, mobile app, website and/or third party software as well as to any error-free use of the platform, mobile app, website and/or third party software.
44. You acknowledge and accept that we do not make any representations as to the digital security of our mobile app, website and/or third party software including but not limited to the transmission of any viruses, bugs and/or Trojans that may result from your downloading, installation, use, updating and/or restoring of our mobile app, website and/or third party software.
45. You acknowledge and accept that we do not make any representations nor warranties in relation to the compliance with or non-infringement of any third party rights with regards to the platform, mobile app, website and/or third party software. You acknowledge and accept that you do not rely on any representations nor warranties from us in relation to any such third party rights and any infringement or non-compliance of any such third party rights by you via your use of the platform, mobile app, website and/or third party software shall be at your sole risk and responsibility.
46. To the fullest extent permitted by law, in no event shall we be liable for any personal or physical injury, financial losses, property damage, direct or indirect, incidental, consequential, general and/or special damages, reliance loss, expectation loss, expenses, costs and any form of damages and/or losses whatsoever and howsoever arising including, but not limited to, damages and/or losses occurring to you, any other software or applications owned by you, your personal data, and/or your personal property due to any interference, interruption, corruption or loss of data, disturbance, discontinuance, disconnection, time delays, inaccuracy, viruses, Trojans, bugs, failure to transmit and/or receive data in relation to the downloading, installation, use, updating and/or restoring of the platform, mobile app, website and/or third party software as well as all other forms of non-performance, use or inability to use the platform, mobile app, website and/or third party software whatsoever and howsoever arising.
47. To the fullest extent permitted by law, in no event shall we be liable for any personal or physical injury, financial losses, property damage, direct or indirect, incidental, consequential, general and/or special damages, reliance loss, expectation loss, expenses, costs and any form of damages and/or losses whatsoever and howsoever arising due to your reliance of the information obtained from our platform.
48. You understand and agree that any content downloaded or otherwise obtained through the use of the mobile app or website is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or business interruption that results from the download of content.
49. EffizientLink shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in or appearing on the mobile app, website, platform or Forum. Your participation in the mobile app, website, platform or Forum is solely at your own risk. No advice or information, whether oral or written, obtained by you from EffizientLink or through EffizientLink, its employees, or third parties shall create any warranty not expressly made herein. You acknowledge, by your use of the the mobile app, website, platform or Forum, that your use of the mobile app, website, platform or Forum is at your sole risk.
WAIVERS AND INDEMNITIES
50. You agree to defend, indemnify and hold harmless EffizientLink or its agents, vendors or suppliers from and against any and all claims, suits, legal actions, prosecutions, liabilities, damages, costs and expenses, including reasonable solicitors' fees, arising from or related to your use or misuse of the mobile app, website or platform, including, without limitation, your violation of these Terms & Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.
51. In the event that your downloading, installation, use, updating and/or restoring of the platform, mobile app, website and/or third party software infringes any third party rights, you hereby agree to waive all claims against us pursuant to any such infringement.
52. In the event that such claims are attributable to your own independent conduct, then you hereby agree as well to completely hold us harmless and indemnify us against any and all claims, suits, legal actions, prosecutions, liabilities, damages, expenses and costs, including reasonable solicitors' fees, that may arise out of such infringement to the extent that it is attributable to your own conduct.
53. This Agreement may be terminated by either party at any time provided such termination is carried out using the notification methods and channels provided by us to you via our mobile app and website.
54. EffizientLink reserves the right to terminate or suspend your access to and use of the mobile app or website, or parts of it, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where we have reason to believe that you are in violation of these Terms & Conditions.
55. Upon the termination of this Agreement, all other rights, indemnities and/or waivers accrued immediately prior to such agreement, whether pursuant to this Agreement or pursuant to all other applicable laws, shall continue to be enforceable and take effect until its full discharge.
56. Upon the termination of this Agreement, you shall immediately remove any and all copies of our mobile app, website and/or third party software, and any information you obtained from our platform, whether in whole or in part, that is in your possession and you shall immediately cease using the same.
57. The parties agree however that Clauses 5 to 7 above shall continue to be binding and enforceable between the parties notwithstanding the termination of this Agreement.
58. You agree that no delay nor inaction on our part to enforce any of our rights pursuant to these Terms & Conditions or pursuant to all other applicable laws shall be construed as any form of waiver on our part.
59. Any request for a refund by you will be asessed on a case by case basis. We have the sole discretion in refunding any monies paid by you upon deducting any charges which we deem reasonable.
60. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and shall supersede any past representations, negotiations and/or previous agreements. You further agree that you shall comply with any and all other terms and policies notified by us to you from time to time via our mobile app and website. Where any terms or policies notified to you via future agreements or via our mobile app and website contradict the terms of this Agreement, then you agree that the latest terms at the time being shall prevail.
61. Where any term or terms herein is found to be invalid or illegal at any time, the parties agree that such invalid or illegal term(s) shall be severed from these Terms & Conditions as if it was never a part of these Terms & Conditions and the remainder of all other terms herein shall continue to be in force and binding between the parties.
62. You shall not assign or transfer your rights or obligations herein without the prior written consent from us.
63. These Terms & Conditions shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the exclusive jurisdiction of the Courts of Malaysia.
DISCLAIMER This newsletter is for information purposes only. No warranties or representations are made as to the accurateness and aptness of the content or investment results. The information contained herein is obtained from sources believed to be reliable, but its accuracy cannot be guaranteed and therefore errors cannot be excluded. The information contained herein is not intended to constitute individual investment advice and is not designed to meet any given personal financial situation. It is exclusively the subscriber’s responsibility to determine the suitability if any of investment in any securities and/or commodities reviewed herein and whether they are appropriate for purchase. No decision to invest or purchase should be made based solely on the contents hereof. The opinions expressed herein are those of EffizientLink and are subject to change without notice. The information contained herein may become out-dated and there is no obligation to update any such information. EffizientLink, its employees, officers, agents and associates, as well as its owners and other entities in which they have an interest, and their family members, may from time to time have positions in the securities and/or commodities covered in this newsletter or on the Company Website.