IMPORTANT NOTICE

TERMS OF USE

1. Introductions

This is a BETA version of the Destiny Explorer™ Software that is meant only for use by a restricted group of users for the purpose of information gathering and testing. It is a stand-alone product that does not form part of any programme syllabus. Access to this Software may be granted for a limited time and/or revoked at any time, at the Company’s discretion.

By using this Software, you unreservedly agree with the Terms and Conditions set out herein. If you do not agree with these Terms, then please do not use the Software.

2. Changes to the Software and Terms of Use

Every now and then, the Company may at its discretion, make changes, updates and modifications to the Destiny Explorer™ Software and/or its Terms of Use. New features may be added and old features may be removed from the Software at any time. By continuing to use the Software after those changes are made, you are expressing and acknowledging your acceptance of the changes.

3. Licence and assignment

The Software, website, design, layout, look, appearance, graphics and the content provided through it (collectively the “Software”) are the intellectual property of Dato’ Joey Yap, Joey Yap Research Group Sdn Bhd, Joey Yap Research International Sdn Bhd, and/or Joey Yap Consulting Group Sdn Bhd (collectively the “Company”), and we hereby grant you a limited, non-exclusive, revocable licence to make personal, non-commercial use of the Software and to receive the content made available through the Software (the “Licence”).

This Licence shall remain in effect for limited period of time and may be terminated by you or the Company at any time.

The Software application is licensed to you, not sold to you, and the Company retains ownership of all copies of the Software applications even after installation on your Devices. The Software is NOT FOR SALE, resale or any commercial or non-commercial use, re-publication or reproduction.

The Company may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-licence your rights under this Licence, to any third party. As such, if we suspect or believe that your account has been compromised and/or accessed by any unauthorised third parties, your account will be disabled immediately and permanently.

All trademarks, service marks, trade names, logos, domain names, and any other features of the Software are the sole property of the Company. This Licence does not grant you any rights to use the trademarks, service marks, trade names, logos, domain names, or any other features of the Software, whether for commercial or non-commercial use.

You agree to abide by our Terms of Use and not to use the Software (including but not limited to its content) in any manner not expressly permitted by the Terms of Use.

4. User Guidelines

We’ve established a few ground rules for you to follow when using the Software. Please follow these rules and encourage other users to do the same.

The Company respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted:

  1. Copying, reproducing, “ripping”, recording, or making available to the public any part of the Software or content delivered to you via the Software, or otherwise any making use of the Software which is not expressly permitted under these Terms;
  2. reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the Software or any part thereof;
  3. renting or leasing of any part of the Software;
  4. removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the Software;
  5. Providing your password to any other person or using any other person’s user name and password.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Software. If your username or password is lost or stolen, or if you believe there has been unauthorised access to your account by third parties, please notify us immediately and change your password as soon as possible.

Any breach of the terms and conditions specified herein will result with your access being revoked.

5. Fair Usage Policy

The Fair Usage Policy outlines the acceptable usage and conduct of the Software and our services. All users are responsible for how their own usage affects other users. For the avoidance of doubt, the Fair Usage Policy means to use our software, systems or data WITHOUT ABUSE.

Any suspicious internet or usage behaviours that hogs or negatively affects other users experience will be deemed abusive. This includes excessive downloading, plotting or any other form of activities that use up an unusual amount of data, bandwidth or processing power.

In the event that this policy is breached or you are suspected to have violated this policy, we may at our discretion suspend or terminate your account. The Software provided prohibits bulk chart plotting and restricts access once 10 successive charts are plotted by the same account within a short span of time. Once the system detects this, your account will be blocked for 24 hours pending an investigation that will be launched on your account. Should there be no evidence of abuse, you will be able to access your account after the 24-hour automatic ban.

6. Warranty

To the fullest extent permitted by applicable law, we endeavour to provide the best service we can, but you understand and agree that THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SOFTWARE AT YOUR OWN RISK.

7. Limitation

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Software is to uninstall the Software and to stop using the Software.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER WE HAVE BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.