TERMS & CONDITIONS

Introduction
These Terms and Conditions (“Terms”) describe the rules for visitors of this website (https://familyofficeforestcity.my/) (the “Site”) that constitutes a legally binding and enforceable agreement between you and Expat (Asia) Pte. Ltd. (Company Registration No. 202438141E), a private limited company incorporated under the laws of the Malaysia with its registered address at 2 Venture Drive #13-26 Vision Exchange Singapore 608526, its affiliates and subsidiaries (collectively, “Company”, “we”, “our” or “us”). For the purposes of these Terms, “you” or “your” shall mean a visitor of the Site. By using the Site, you agree to be bound by the Terms, and consent to the collection, use and disclosure of personal data described in our Privacy Policy available at https://familyofficeforestcity.my/privacy-policy/, which is incorporated by reference into these Terms. You are advised to read the Terms and Privacy Policy carefully before using the Site. If you do not agree to the Terms, please exit and leave the Site immediately. The Site serve as a platform for us to market our services and all information on the Site is strictly for general information only.
Acceptance
You represent and warrant that you are at least 18 years of age or the minimum legal age in your country of residence and posses the legal right to accept the Terms and use the Site in accordance with the Terms. Otherwise, you may only use the Site with the consent of your parent or legal guardian who must review and discuss the Terms with you, before helping you access content that is appropriate for you. We reserve the right to cancel or restrict your use of the Site, without prejudice to any other legal right or remedy we may have against you, where you have acted in breach of these Terms. If you are using the Site on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity and all reference to “you” in the Terms shall accordingly be construed to refer to that entity.
Validity
The Terms shall remain in full force and effect unless and until terminated by either you or us. You may terminate your agreement with us by informing us at any time and ceasing all access to our Sites. We reserve the right to terminate or suspend your account at any time without notice if we believe that you have breached the Terms, or for any other reason, with or without cause, in our sole discretion. We further reserve the right to restrict or limit your access to the Site or to stop providing you with all or a part of the Site at any time and for no reason, including, without limitation, if we reasonably believe: (a) your use of the Site exposes us to risk or liability; (b) you are using the Site for unlawful purposes; or (c) it is not commercially viable to continue providing you with our Site. Please note that this is not exhaustive and we expressly reserve all rights and remedies that may be available to us, whether in equity or at law. WE RESERVE OUR RIGHT TO MODIFY THE SITE AT ANY TIME. HOWEVER, PLEASE NOTE THIS DOES NOT MEAN THAT WE HAVE ANY OBLIGATION TO UPDATE THE SITE. IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO THE SITE THAT MAY AFFECT YOU. YOU AGREE THAT WE MAY REMOVE THE SITE AND/OR ANY CONTENT THEREON FOR INDEFINITE PERIODS OF TIME OR TERMINATE THE SITES AT ANY TIME, WITHOUT NOTICE TO YOU.
Modifications
These Terms were last updated on [08.10.2024]. We may modify these Terms in whole or in part, from time to time, at our absolute discretion and such modifications shall come into effect immediately. We may try to notify you of such modifications, for example, via a notice or pop-up notification on the Site. By continuing to access or use the Site, you agree to be bound by the new terms. If you do not agree to the new terms, you must stop using the Site.
Our Services
You must fill up the enquiry form on the Site or by reaching out on our email [insert email address]. By doing so, you authorise us to collect and use certain information, including but not limited to your name, residential address, contact number and nationality. Please refer to our Privacy Policy for more details on the information we collect from you and how we use it. You must ensure that you have provided us with accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
Content offerings
You are granted access to view the content that has been published on the website and information on how to contact us will be provided for your personal and non-commercial purposes through the Site, in accordance with these Terms and any conditions or restrictions associated with the particular feature of the Site. All other uses are expressly prohibited and you shall not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any published content unless we give you express consent and authorisation in writing. We reserve the right to terminate your access to the Site, without prejudice to any other legal right or remedy we may have against you, where you have acted in breach of these Terms.
Payment terms
Payment You may be required to pay the fees for us to provide you with the services. All payments shall be paid to us in US Dollars only via the use of third-party payment platforms (“Designated Payment Methods”) which will be made known to you during the onboarding process. Please note that all the fees are subject to variation and the Company reserves the right to vary the fees in its sole and absolute discretion. By making payment on the Site, you agree to the following:
  • Unless otherwise specified, you may make payment through bank transfer only;
  • To declare and pay any local taxes as applicable on the payments made on the Site;
  • That the actions of third-party service providers and payment platforms that you have selected from the options available on the Site are not within our control and by selecting a third-party service provider or payment platforms, you shall hold the Company harmless against all losses and damage caused by the actions of such third-party service providers or payment platforms;
  • Subject to our cancellation and refund policy, all purchases are non-refundable; and
  • Taxes payable by you are calculated based on the billing information at the time of purchase.
You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with your use of the Site. We may employ the use Designated Payment Methods for the purpose of facilitating payment and the completion of purchases. Accordingly, you represent and warrant that there are sufficient funds to complete the payment. Whilst we make best efforts to ensure that all details, descriptions and prices which appear on our website are accurate, there may be instances where errors may occur. In such a case, we reserve the right to refuse or cancel your transaction at any time for reasons including but not limited to service availability, errors in the description or price of the service, error in your purchase, or if any unauthorized or illegal transaction is suspected, or other reasons.
Refund and Cancellation Policy
All fees are in US Dollars and are strictly non-refundable (except as required by applicable law) and cancellations are not allowed.
Your obligations
You hereby represent, warrant and/or undertake the following:
  • You must not impersonate any person or entity, or otherwise misrepresent you or your affiliation with any person or entity on the Site, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Site;
  • You must not do anything unlawful, misleading, or fraudulent or for an illegal or unauthorised purpose on the Site. You must not make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Site, including any portion thereof or determine or attempt to determine any source code, algorithms, methods or techniques embodied on the Sites or any derivative works thereof;
  • You must not do anything unlawful, misleading, or fraudulent or for an illegal or unauthorised purpose on or using the Sites. You must not make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Sites or the technology contained therein, including any portion thereof or determine or attempt to determine any source code, circuit arrangement, chip function, circuitry, design, algorithms, methods, techniques or assemble embodied on the Sites nor any derivative works thereof;
  • You must not distribute, license, transfer, or sell, in whole or in part, any of the content of the Sites, or any derivative works thereof unless permitted to under these Terms;
  • You must not violate (or help or encourage others to violate) these Terms or our policies, including the Privacy Policy;
  • You must not do anything (or attempt) to interfere/tamper with, disrupt or impair the intended operation of the Sites, disrupt our website or any networks connected to the Sites, or bypass/circumvent any measures we may use to prevent or restrict access to the Sites;
  • You must not attempt to create accounts or access or collect information in unauthorised ways including creating accounts or collecting information in an automated way on the Sites without our express permission;
  • You must not post, on any medium, app, platform or channel, private or confidential information of anyone else including taking a photo, screenshot or copy, reproduce, replicate, adapt, transcribe, duplicate, electronically or otherwise, personal data or information of another user or do anything on the Sites that violates someone else’s rights, including intellectual property;
  • You must not intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age on the Sites;
  • You must not use the Sites in a manner that may create a conflict of interest or undermine the purposes of the Sites, such as trading reviews with other users or writing or soliciting shill reviews;
  • You must not use the Sites to upload, transmit, distribute, store or otherwise make available in any way:
    1. files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
    2. any unsolicited or unauthorised advertising, solicitations, or any other prohibited form of solicitation;
  • any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document or credit card numbers;
    1. any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person;
    2. any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
    3. any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
  • any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
  • otherwise any material that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Sites, or which may expose the Sites or its users to any harm or liability of any type.
 
Ownership
All content, text, links, graphics, logos, icons, photos, audio, videos, design, data appearing on the Site (the “Content”) is owned and controlled by us and/or our licensors and is protected by worldwide copyright laws. Except as expressly authorised by the Company, you are not permitted to use the Content. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the Content or copies of the Content supplied to you or which appears on the Sites nor use any such Content in connection with any business or commercial enterprise. We reserve the right to terminate the limited license granted by us if there is any unauthorized use of the Content. You agree that all your input and any copyright thereto shall be owned and controlled by us and you hereby fully and irrevocably assign and transfer all rights to such input to us and you undertake to do all things necessary to effect the same. Your input on the Sites will be used for the training of the artificial intelligence used on the Sites.
Intellectual Property Rights
We own (and are entitled to enforce) all proprietary rights in the Sites, and in all Content, copyright, trademarks, trade names, service marks and other intellectual property rights related thereto. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights. Trademarks not owned by us that appear on the Sites are a property of their respective owners who may not be affiliated with or connected to us. You agree to comply with all copyright, trademarks and other proprietary rights of such third parties when you use the Sites. We will not be responsible for any copyright, trademark or proprietary rights infringements caused by third party material on the Sites.
Disclaimers
We do not offer any form of advice. The information on the Sites is strictly for general information only and do not constitute any advice whatsoever. We make no guarantees, representations or warranties, whether express or implied, with regard to the use or efficacy of the Sites. While we are confident in our teaching insights, ability and methodology, we make no guarantees in terms of grades that you may receive after engaging our services. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such content. We are not responsible for the conduct of any user. We may not be able to deliver the Sites to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. You agree that we and our affiliates, subsidiaries, related entities or its partners shall not be liable (directly or indirectly) for any losses, damages or refunds whatsoever, whether direct, indirect, general, special, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site and/or any other damages resulting from communications with other users or persons you meet on or through the Sites (where applicable). You agree to take all necessary precautions in all interactions with other users. The accuracy of data, programs or materials accessed through this Site is based on our information and data. We make no representation concerning its completeness, truth, accuracy or its suitability for any particular purpose. Users should rely on their own independent investigations. Before relying on any information accessed through this website or application, a user should:
  • carefully evaluate the accuracy, currency, completeness and relevance to their own circumstances of the information for the purpose for which it is to be used; and
  • obtain any appropriate professional advice, including professional advice from a registered medical practitioner, relevant to the user’s particular circumstances.
We make no guarantees, representations or warranties, whether express or implied, with respect to the comprehensiveness, accuracy, or the currency of the Sites’ content or to the sufficiency of the Sites’ content. We make no guarantees, representations or warranties, whether express or implied, with respect to the quality and reliability of the Sites’ output in response to your input and usage of the Sites and to the durability of the Sites’ storage and records of your input and generated content.
Third party content
The Sites may contain hyperlinks to websites or platforms operated by third parties. We do not control such websites or platforms and we do not review, control or monitor the materials found there. We are not responsible for their content or privacy practices. Such hyperlinks are inserted for convenience and reference only and are not an endorsement of material at those sites, or any associated organization, product or service. It is the responsibility of the user to make their own decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites or apps. Information, data, programs or materials which are offensive, pornographic, unsuitable for minors’ access or otherwise of a criminal or violent nature may infiltrate or become accessible through the Sites due to circumstances beyond our control and we make no representation as to the suitability of the information accessible for viewing by minors or any other persons. By using the Sites, you will be assuming all risks associated with use of the website including risk of your computer, software or data being damaged by any virus which might be transmitted to or activated via the Sites or your access to it.
Relationship
Nothing in these Terms shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
Indemnity
You hereby agree to defend, indemnify, and hold harmless to the fullest extent the Sites, the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from and against any and/or all claims, liabilities, costs, demands, causes of action, damages and expenses including but not limited to attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms. You hereby agree to defend, indemnify, and hold harmless to the fullest extent the Sites, the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from and against any and/or all claims, liabilities, costs, demands, causes of action, damages and expenses including but not limited to attorneys’ fees and expenses, in relation to you or your use of the Sites, arising out of an act or omission of a third party service provider involved with the Sites. Where you are an entity, you agree to defend, indemnify, and hold harmless to the fullest extent the Sites, the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from and against any and/or all claims, liabilities, costs, demands, causes of action, damages and expenses including but not limited to attorneys’ fees and expenses, arising out of the breach of these Terms by your representatives or officers.
Warranties
The Sites are provided on an “AS IS” and “AS AVAILABLE” basis. We make no warranty or representation and disclaim all responsibility and liability for: (I) the completeness, accuracy, availability, timeliness, security or reliability of the Sites or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Sites or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Sites; and (iv) whether the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. To the maximum extent permitted under applicable law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
WE DO NOT CONTROL OR DIRECT WHAT PEOPLE AND OTHERS, INCLUDING ANY THIRD-PARTY LOGISTICS PROVIDERS DO OR SAY, AND WE ARE NOT RESPONSIBLE FOR THEIR ACTIONS OR CONDUCT (WHETHER ONLINE OR OFFLINE, IN RELATION TO THE SITES) OR ANY CONTENT THAT THEY SHARE (INCLUDING OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL AND OTHER OBJECTIONABLE CONTENT). WE CANNOT PREDICT WHEN ISSUES MAY ARISE WITH THE SITES. ACCORDINGLY, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND UNDER NO CIRCUMSTANCES WILL THE SITES OR THE COMPANY NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, DIRECTORS PARTNERS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE (DIRECTLY OR INDIRECTLY) IN ANY WAY TO YOU WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY DIRECT OR INDIRECT ECONOMIC OR FINANCIAL LOSS OR DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, REPUTATION, INFORMATION OR DATA) OR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES HOWSOEVER CAUSED OR ARISING FROM ANY BREACH OR FAILURE OF THE COMPANY TO PERFORM ANY OF ITS OBLIGATIONS UNDER THESE TERMS. THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SITES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, DIRECTORS PARTNERS, OFFICERS, EMPLOYEES OR AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Amendments
The Company reserves the unfettered right to modify the Sites with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites.  You are responsible for regularly reviewing the content to obtain timely notice of such amendments.
Third-party rights
No person who is not a party to these Terms shall acquire any rights under it or be entitled to benefit from it even if that person has relied on any such term or has indicated to any party to these Terms its assent to any such term.
Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of Malaysia. All disputes, controversies, or differences arising out of or in connection with these Terms shall first be attempted to be mediated and resolved internally between the Parties. The Parties hereto agree to participate in the internal mediation in good faith. The disputes, controversies or differences shall be referred within ten (10) business days to the Singapore Mediation Centre in the event the internal mediation does not work. The Parties agree to participate in mediation in good faith and undertake to abide by the terms of any settlement reached.
General
  • The Company does not warrant that your access and usage of the Sites will always be safe and seamless in its operation. The Sites may face delays, errors, service disruptions, time-outs and may even ‘hang’ (collectively, “Disruptions”). The Company shall not be responsible for any of these Disruptions and the Company disclaims liability for any claims, costs and damages known or unknown that may arise out of the Disruptions.
  •  You undertake not to utilise the Sites to do anything unlawful and criminal in nature. You agree to indemnify, defend and hold the Company and its staff harmless from any loss, liability, claim or demand arising out of or in connection with your access and use of the Sites and/or your breach of these Terms.
  •  The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.
  •  You shall not assign or purport to assign any of your rights or obligations under these Terms without the prior written consent of the Company and any such assignment or purported assignment shall be null and void.
  • If at any time any provision in these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the remaining provisions of these Terms shall not be affected or impaired thereby.
  •  No failure on the part of the Company to exercise and no delay on the part of the Company in exercising any right hereunder will operate as a release or waiver thereof, nor will any single or partial exercise of any right under these Terms by the Company preclude any other or further exercise of it.
  • These Terms contains the whole agreement between you and the Company relating to the subject matter hereof to the exclusion of any terms implied by law which may be excluded by contract and supersedes any previous written or oral agreement between you and the Company in relation to the matters dealt with in these Terms.
 
Google Analytics / Usage Information 
  • We use Google Analytics to understand how our customers engage with our business so you we can deliver better experiences and drive results.
  • We do not use cookies to track your activity on the Sites or across other sites. Google Analytics uses event-based measurement architecture, pure interaction data such as page loads, button clicks, conversion events, and transactions to generate anonymized data for the Company’s analysis.

The Company gathers certain information and stores them in log files automatically in order to improve the Site’s services. This information includes operating system, internet protocol addresses, internet service provider, referring/exit pages, files viewed on the Sites, date/time stamp, clickstream data and/or browser type. This information may be combined with other information the Company collects about users.

  • The Company and/or its service providers may use local storage to store content information and preferences.
 
Supplemental Terms – App Stores
To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Sites through specific devices: Apple Apple is not a party to these Terms. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Sites on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services. Apple is not responsible for the Sites or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Sites. In the event of any failure of the Sites to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Sites, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Sites. Apple is not responsible for addressing any claims by you or a third party relating to the Sites or your possession or use of the Sites, including without limitation (a) product liability claims; (b) any claim that the Sites fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Sites or your possession and use of the Sites infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim. Google Play By downloading the Sites from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
  • To the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Sites that you download from Google Play, and;
  • You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by the Company or you (or any other user) under these Terms or the Google Play Terms.

We have  the highest regard for the privacy and personal data of each student (hereinafter referred to as “student”, “user” “you” or “your”) of this website https://familyofficeforestcity.my/  (hereinafter referred to as the “Website”), which is operated and controlled by us.

We are aware that the success of our services depends on the trust that you have in the way we handle your personal data. By entrusting us with your information, we would like to assure you of our commitment to keep such information private.

We have taken considerable steps to protect the confidentiality, security and integrity of the information shared with us. We encourage you to review the following information carefully before using the Website. By continuing to use the Website, you are deemed to have read, understood and accepted our practices governing the collection, use and disclosure of your personal data in this Privacy Policy.

We are not responsible for the privacy practices of any third-party websites that may be linked to this Website. It is your responsibility to check the Website periodically to see if any terms have been changed or modified. Your continued use of the Website constitutes your acceptance of any updates to this Privacy Policy.

This Privacy Policy is drafted in accordance with the Personal Data Protection Act 2010 (“PDPA”) under Malaysia law and is intended for use in Malaysia and, where applicable, other countries or regions which provide the same level of protection for personal data that is comparable to the standards of the PDPA.

The PDPA recognizes the rights of individuals to protect their personal data (including rights of access and correction) and the requirement for organizations to collect, use or disclose personal data for legitimate and reasonable purposes. Accordingly, this Privacy Policy outlines the personal data that we or our service providers may collect, how it may be used, how it is stored and retained, whom it may be transmitted to as well as our and your responsibilities in relation to such uses and disclosures. We recommend that you read this Privacy Policy and our Terms and Conditions carefully before disclosing any personal data to us or continuing to use the Website.

Please refer to the Terms and Conditions accessible at https://familyofficeforestcity.my/terms-and-conditions/ (“Terms”) when reading this Privacy Policy.

  1. INTERPRETATION
    • “Terms” refers to the terms and conditions of use of the Website.
    • “Services” refers to the services we provide including the Website.
    • The headings used in this Privacy Policy are for convenience only and shall not affect the interpretation of these provisions.

 

  1. APPLICATION
    • This Privacy Policy applies to users when browsing, visiting, accessing and/or using any part of the Website and/or any of our Services.
    • This Privacy Policy sets out our commitments and explains the rights that you have with respect to your personal data. If you do not agree to the terms of this Privacy Policy, please do not use the Website or Services or any part thereof.
    • You shall not be permitted to use the Services where you do not confirm your acceptance of this Privacy Policy.
  1. GROUNDS FOR DATA COLLECTION
    • By browsing, visiting, accessing and/or using our Services and/or when you provide personal data to us, you consent to the collection, storage, use, disclosure and other uses and processing of your personal data by us in accordance with this Privacy Policy, and such consent shall remain effective unless you otherwise notify us in writing of the withdrawal of your consent and the reason thereto. You shall not use our Services if you do not consent to this Privacy Policy, and you shall immediately cease using our Services if you withdraw your consent for us to process your personal data.
    • “Personal data” and other terms defined under the PDPA where used in this Privacy Policy shall have the same meaning defined under the PDPA.
    • Processing of your personal data is necessary for the performance of our contractual obligations towards you under the Terms and providing you with the Services, to protect our legitimate interests, and to ensure compliance with legal and financial regulatory obligations. If you choose not to provide us with the information requested, you may not benefit from certain features of the Services or participate in a particular activity and your use of the Services may be limited.
  1. HOW DO WE RECEIVE INFORMATION ABOUT YOU?
    • You may, during the course of registration, disclose your personal data.
    • It is your voluntary decision whether to provide us with any personal data. However, if you do not provide the information we require or requested, we may not be able to contact you and you may not benefit from the use of the Services.
    • To enable us to provide our Services to you effectively, the information you provide to us shall be accurate, complete, not misleading and without material omission, and that such information is kept up to date. If you discover that the information is inaccurate, incomplete, misleading, contains material omission or is outdated, please update us with the true, accurate, complete and updated information.
    • If you provide us personal data about another person, you confirm that such other person has appointed you to act for him/her, to consent to the processing of his/her personal data by us in accordance with this Privacy Policy and to receive on his/her behalf any data protection notices.
    • We collect information in several ways, such as:
    • From our website: you may have an opportunity to send us information about yourself (e.g. when you create an account/when you fill out a registration form/survey). You may choose to personalize your user-experience on the Services in which case we may collect information about your visits to our website, including the URL clickstream, products you viewed or searched for, length of visits to certain pages, page interaction which may be collected automatically through the use of cookies and other tracking.
    • We may collect information when you contact us for information on our applications and Services, provide feedback or complaints or otherwise in the course of providing technical assistance or responding to product or service queries.
  1. WHAT TYPES OF INFORMATION WE COLLECT?
    • We collect the following personal data about you:
    • Identification Information
    • Voluntary Information – when you communicate with us (for example when you send us an email or contact us) we collect the personal data you provided us with; and
    • Technical Information – we collect certain technical information that is automatically recorded when you use our Services, such as your IP address and device approximate location.
    • Credit card information and banking account details
    • Content, file uploads, information, feedback, questions or enquiries input on the platform for content generation
    • Digital and calibration data including electronic network activity information such as the data we receive when you use the Services, preferred settings and credentials, products purchased and preferences when using the Services, and other related information for data analytics.
    • We will only collect information that is reasonably necessary for us to provide you with the Services. We collect such information only when we ask you for it and you provide it, and through technology that collects information automatically, such as cookies or other similar technologies. We will not be responsible for relying on inaccurate or incomplete data arising from your failure to notify us of any changes or inaccuracies in your personal data that was provided to us.
  1. TRACKING TECHNOLOGIES – COOKIES
    • A cookie is a small piece of text that is sent to your browser when you access this Website. The Website provides this piece of text to your device when you return. We use cookies to help personalize your experience with this Website.
    • The Website automatically accepts cookies however you may to modify security settings so you can approve or reject cookies on a case-by-case basis or reject all cookies.
    • You are free to delete any existing cookies at any time.
    • We also use “Google Analytics” to collect information about the use of the Services. Google Analytics collects information such as how often users visit the Services, what pages they visit, when they do so, and what other sites they used prior to coming to the Services. Google Analytics collects only the IP address assigned to you on the date you use the Services, as well as information regarding your operating system, language and information regarding your use of the Services, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personal data. We use the information we get from Google Analytics only to improve our Services. Google’s ability to use and share information collected by Google Analytics about your use of the Services is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.
    • We may also collect certain information automatically through the use of cookie-less tracking technology when you use the Services, and the information may be collected in the following ways:
      • Through your browser

This may include your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, and Internet browser type and version.

      • IP address

Your IP address, along with the time of the visit and pages visited, is identified and logged automatically in our server log files whenever you visit the Services. Collection of IP addresses is standard practice and is done automatically by many online services. The IP address collected may be use for diagnosing server problems and administering the Services.

      • Mobile device

If you access the Service through a mobile device, we may collect information on it such as smartphone device brand and type to understand how you use the Service.

  1. HOW DO WE USE THE INFORMATION WE COLLECT?
    • We use your information collected only for purposes permitted by applicable laws and for the purpose for which it is collected, which generally includes the following:
    • Provision of Services – we will use your information for the provision and improvement of our Services to you, and for the processing of your requests and queries
    • General Communication – we also use your personal data to send you texts, emails or other communications regarding general adherence information, Services, updates, or changes to this Privacy Policy or any other relevant agreements.
    • Analytics, Surveys and Research – we are always trying to improve our services and think of new and exciting features for our users. From time to time, we may conduct surveys or test features, and analyze the information we have to develop, evaluate and improve these features.
    • Protecting our Interests – we may use your personal data when we believe it is necessary in order to take precautions against liabilities, investigate and defend ourselves against any third-party claims or allegations, investigate and protect ourselves from fraud, protect the security or integrity of the Website, and protect the rights and property of the Company, its users and/or partners.
    • Enforcement of Policies – we may use your personal data in order to enforce our policies, including the Terms.
    • Compliance with Legal and Regulatory Requirements – we may also use your personal data as required by or for the purpose of compliance with law, regulation or other governmental authority, or to comply with a subpoena or similar legal process.
    • Record-keeping – we will collect and retain your personal data in the ordinary course of our business and for so long as necessary for the fulfilment of the purposes set out in this Privacy Policy or as is required by any legal, regulatory and/or accounting requirements.
    • Ancillary purpose – we may use your personal data for any purposes in connection with, relating or ancillary to any of the above, provided that they are necessary for the delivery of the Services.
    • To conduct trials (with your consent) to enhance, improve and optimise your experience when you use the Services.

By using the Services or allowing your child to use the Services, you expressly authorize and consent to us gathering, reviewing, retaining and where reasonably required, transmitting your or your child’s personal information to our intermediary companies and entities for the proper and reasonable purpose of them storing and using the data responsibly and in accordance with the PDPA. When you provide personal information on or through the Services, the PDPA does not apply to personal data processed outside Malaysia unless the data is intended to be further processed in Malaysia. However, in such an event occurs, we will take appropriate steps to ascertain that the foreign recipient organization of the personal data is bound by legally enforceable obligations that are in-line with the requirements under the PDPA.

  1. WITH WHOM YOUR PERSONAL DATA MAY BE SHARED?
    • We may share your personal data with the following persons:
    • Law Authorities – we may share your personal data with law enforcement authorities, courts and tribunals, including with legal advisors and consultants, in case we need to respond to law enforcement requests or other legal requests or pursuant to a requirement imposed by law, order, judgment or decree, or courts in order to protect and defend our rights and property or those of Services users.
    • Merger, Acquisition or Sale – we may transfer your personal data to another organisation in the event of a merger, acquisition or sale of all or a portion of our assets.
    • Auditor, Legal and Professional Advisor – we may share your personal data with our auditor if requested for the purpose of audit on our business. We may also share your personal data with our legal and other professional advisors for the purpose of enforcing our rights or defending any claims against us, or for any other purpose in connection with the Services.
    • Data Intermediary – we may store personal data on a public and/or private cloud. The cloud provider is subject to the obligations and responsibilities of a data intermediary as set out in the PDPA.
    • Service providers – we may share information, including personal information, with third parties that perform certain services on our behalf. These services may include, without limitation, storage of personal information on a cloud service, server hosting, marketing and supporting our notification service functionality. These service providers may have access to personal information needed to perform their functions but are not permitted to disclose or use such information for any other purposes.
    • We may allow third party service providers, advertising companies, advertisement networks, merchandising companies and other third parties to display advertisements and brands on the Services. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements.
    • We do not provide any non-anonymized personal information to third parties. We will adhere strictly to the provisions in the PDPA in relation to any disclosure and dissemination of information to any third parties.

We may disclose your information, including personal information in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights, to defend against legal claims, or as otherwise required by law.

  1. ACCESS AND CORRECTION
    • You may request access to and correction of, your personal data and limit the processing of your personal data or make any enquiries or complaints in respect of the processing of your personal data, by contacting us at the contact details set out in “How to Contact Us” section below. You are responsible for informing us when your personal data or preferences have changed and require updating. We shall, within a reasonable time frame, attend to your request for access to and correction of your personal data or updating of your preferences.
  1. INTERNATIONAL TRANSFERS
    • We store information and data on a public and/or private cloud, where your data can be stored and/or backed up in any of the jurisdictions where the cloud service providers provide their cloud service. You hereby consent that we may store your personal data on our cloud server, which may be located outside Malaysia or the jurisdiction in which the Services was obtained or is used.
    • Your personal information may be transferred, stored or processed in any country where we have facilities or service providers. By using our Service or by providing consent to use (where required by law), your information may be transferred outside Malaysia including Switzerland, which may provide for different data protection rules than in Malaysia. We will ensure that the use and disclosure of personal information transferred offshore is dealt with in accordance with this Privacy Policy, and we will not transfer your personal data to a country or territory outside Malaysia that does not provide protection of personal data that is comparable to the protection under the PDPA.
  1. RETENTION
    • We will retain your personal data for as long as necessary to provide our services or as required by any legal, regulatory and/or accounting requirements. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time.
  1. LINKS TO OTHER WEBSITES OR APPS
    • Our Services may link to or refer to websites or mobile device services that we do not control. Any personal data you provide on the linked pages is provided directly to this third party and is subject to this third party’s provider’s privacy policy. This Privacy Policy does not apply to such other websites or mobile device services, and we are not responsible for the privacy practices or content of any website or mobile device service not controlled by us. If you have any concerns, we urge you to review the terms of those other websites or mobile device services for more information about their applicable policies. The availability of, or inclusion of a link to, any such site or property on the Service does not imply endorsement of it by us or by our affiliates.
  1. HOW WE PROTECT YOUR INFORMATION
    • We have implemented administrative, technical, and physical safeguards to help prevent unauthorized access, use, or disclosure of your personal data. Your information is stored on secure servers and is not publicly available. We limit access of your information only to those employees or partners that need to know the information in order to enable the carrying out of the agreement between us.
    • While we seek to protect your information to ensure that it is kept confidential, we cannot absolutely guarantee its security. You should be aware that there is always some risk involved in transmitting information over the internet. While we strive to protect your personal data, we cannot ensure or warrant the security and privacy of your personal data or other content you transmit using the Services, and you do so at your own risk.
    • We shall, in the event of a compromise of personal data:
    • Assess the extent to which personal data collected by us has been compromised and put in place appropriate measures to contain the breach of personal data and minimize any harm to you arising from the breach of personal data;
    • Analyze and determine the cause of the data breach;
    • Ascertain if the data breach are notifiable data breaches under any data protection and privacy laws applicable to the Company;
    • Report the data breach to any relevant governmental data protection body or agency, including the Personal Data Protection Department (PDPD), which operates under the Ministry of Communications and Multimedia if the data breach is a notifiable data breach;
    • Ascertain if you are required to be informed of the data breach having regard to relevant rules, regulations, advisories, orders wheresoever applicable, including but not limited to the Personal Data Protection (Notification of Data Breaches) Regulations 2021 and the Advisory Guidelines on Key Concepts in the PDPA;
    • Inform you if you are required to be notified of the data breach within 72 hours; and
    • Take continuing action to prevent further harm to you arising from the breach of personal data, including but not limited to reviewing measures taken to contain breaches of personal data and protect personal data.
    • We shall, in managing data breaches, have regard to the Guide on Managing and Notifying Data Breaches under the PDPA (“Guide”). Subject to our compliance with the Guide in the event of a breach of personal data, by continuing to use the Website following such an event of breach, you confirm that you accept the adequacy of measures taken by us following an event of breach of personal data.
    • No system can be completely secure. You acknowledge that notwithstanding the Company’s security measures, malicious actors, scripts, viruses, codes, software and other damaging factors including the evolution of hacking technologies, may result in the compromise of the personal data which you have provided to the Company.
    • To the fullest extent permitted, you waive any claim against the Company for any, loss, liability, damage and/or cost incurred (“Damage”), howsoever such Damages arise and whether such losses are direct or indirect losses, where such data breaches do not arise out of the negligence, fraud or wilful default of the Company.
    • If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you have with us has been compromised), please immediately contact us below.
    • We do not keep personal information for longer than required and we destroy or permanently anonymize personal information that we no longer need, where permitted.
  1. CHILDREN
    • Our Services are intended for use by persons 18 years of age or older. Individuals below 18 years of age or individuals who are not the minimum legal age in their country of residence to provide consent may not use the Services, subject to their parent or guardian who may open an account to use the Services and help them access appropriate content. Under no circumstances should the Services be used by children under 18 years of age or without consent, and we will not knowingly collect personal data from any person we know to be under 18 years of age, or who does not have consent. If any person discovers that his/her child has been using the Services without parental consent, or that someone has been using the Services for or on behalf of his/her child without his/her consent, please contact us using the information below under “How to Contact Us” and we will take reasonable steps to delete the child’s information from our active databases. We reserve the right to check our user base from time to time and remove users whom we have grounds to believe they are in fact minors, including without limitation, restricting those user accounts, or deleting them, as we may deem appropriate.
  1. MODIFICATIONS OF THIS PRIVACY POLICY
    • We reserve the right to update or modify this Privacy Policy at any time and from time to time at our sole and absolute discretion. By continuing to use the Services after any such changes, you agree to follow and be bound by this Privacy Policy as changed. We will notify you of any changes to this Privacy Policy by way of email or by a pop-up notification when you access the Website, app or Services to help ensure that you are always aware of the information that we collect, how we use it, and in what circumstances, if any, that we share it with other parties.
    • You are encouraged to visit the Services from time to time to ensure that you are well informed of our latest policies in relation to personal data protection. Your use of the Service following any changes means that you accept the revised Privacy Policy. This Privacy Policy was last updated on 15 October 2024.
  1. NO THIRD-PARTY RIGHTS
    • This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Services.
  1. HOW TO CONTACT US
    • If at any time you would like to access, review, correct, update, restrict, or delete your personal data, or if you would like to enquire about our privacy practices, please contact us by:

Email to Nathan Maharajah

Post to: nathanmaharajah@yahoo.co.nz

    • We will endeavour to respond to your request as soon as reasonably practicable and no later than one (1) month after receipt. If circumstances cause any delay in our response, you will be promptly notified and provided a date for our response. Your withdrawal of consent to our collection, use and disclosure of personal information may mean that we will not be able to continue with the existing relationship with you and the contract that you have with us may be terminated.
    • Please note that while you may have a right to access your personal data, there are some circumstances where we are not permitted to give you access to it under the PDPA (for example, we will not accommodate a request to access, change or delete personal data if we believe that doing so would violate any law or legal requirement).
  1. UPDATES TO THIS PRIVACY POLICY
    • As part of our efforts to ensure that we properly manage, protect and process your personal data, we will review our policies, procedures and processes from time to time. We reserve the right to amend the terms under this Privacy Policy at our absolute discretion. We will notify you of any changes to this Privacy Policy by way of email or by a pop-up notification when you access the Website, app or Services to help ensure that you are always aware of the information that we collect, how we use it, and in what circumstances, if any, that we share it with other parties.
    • You are encouraged to visit the Services from time to time to ensure that you are well informed of our latest policies in relation to personal data protection. Your use of the Service following any changes means that you accept the revised Privacy Policy. This Privacy Policy was last updated on 15 October 2024.